Terms of Use

By accessing the Jacobson Health Website or using the Service, you agree to be bound by, as applicable, (1) these terms and conditions of use ("Terms"), (2) the Privacy Policy Statement and/or (3) the Disclaimer (collectively the “Contract”) .  

We reserve the right to make changes to any part of the Contract from time to time.  The amended Contract will be effective from the date they are published on the Website and supersede any previous version, unless otherwise stated.  You acknowledge and agree that your continued access and use of the Website or the Service shall represent your acceptance of the amended terms and conditions of the Contract.

1.In these Terms, the following words and expressions shall have the following meanings and shall include in the singular number the plural and in the plural number the singular:-

"Affiliate" means in relation to a Party, shall mean the legal entities Controlling, Controlled by or under common Control with such Party and such an entity will continue to be an Affiliate only for so long as such Control continues. For the purpose of this definition, “Control” shall mean, in relation to an entity, (a) ownership of capital or the voting power in such entity, or (b) the power to direct or cause the direction and management of such entity in accordance with a person’s wishes, whether as a result of the ownership of shares, control of the board of directors, contract or any powers conferred by the articles of association or other constitutional or corporate documents of such entity;

“Client”, means the individual registered with the Company as per the Company’s record, and in relation to each purchase order, means the Client or customer or purchaser which enters into that purchase order or accept the Company’s (or its Affiliate’s) delivery of the Products;

“Intellectual Property Rights” means all vested, contingent and future intellectual property rights including, but not limited to goodwill, reputation, rights in confidential information, copyright, trademarks, logos, service marks, devices, plans, models, diagrams, specifications, source and object code materials, data and processes, design rights, patents, know-how, trade secrets, inventions, get-up, database rights, in each case whether registered or unregistered, and any applications or registrations for the protection of these rights and all renewals and extensions thereof existing in any part of the world, whether now known or in the future created.

“Parties” means the User and the Company and “Party” means any one of them.

“Product” means any products the Company and/or its Affiliate offer to sale and/or any products supplied pursuant to the purchase order confirmed with the Company and/or its Affiliate.

“Service” means the Service provided by Jacobson in relation to the Product, including Product enquiry, shopping facility and any other such services, provided through the Website and/or mobile applications (such as whatsapp).
 
“User” /”You” is a reference to the following person (as the case may be): (i) the person to whom we are providing the Services, or delivering merchandise to, and/or (ii) the person who is otherwise accessing or using the Website or the Service, and/or (iii) the person who is required to pay for the merchandise we delivered; and /or (iv) the Client.

“Website” / “Jacobson Health Website” means the following website owned and operated by Jacobson Medical (Hong Kong) Limited, a company incorporated under the laws of Hong Kong ("Jacobson", the “Company”, "we", "us", "our"): < www.jacobsonmedical-eshop.com >.  

“Working Day” means a day/days (other than a Saturday, Sunday or public holiday) on which licensed banks are generally open for business in Hong Kong.

2.Registration

2.1The use of the shopping facility provided by this Website will be subject to your registration with us.  By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.  

2.2In consideration of our offer to sell and/or your use of the shopping facility provided by the Company, you declare, represent and warrant that all information about yourself that you provide is true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration. You undertake to maintain and promptly update such information to keep it true, accurate, current and complete.

2.3Jacobson has the right in its absolute discretion to reject any new user application or cancel any registered user without giving any reason.

2.4User account, password and security:  When you register to use the Service, your ID and password will become your unified user login credentials for all applications and online services provided by us.  You agree to keep your ID and password secure and confidential and not to allow anyone else to use your ID or password to access the Website or any applications or online services provided by us or to do anything which would assist or allow anyone who has not registered to gain access to our Service or any applications or online services provided by us; nor to create ID for others without their permission; nor to create additional IDs for the purpose of abusing the functionality of the Service or any applications or online services provided by us, nor to seek to pass yourself off as another user; nor to do anything that jeopardize the security of your ID.  If you have reason to believe that someone has unauthorized use of your password or ID or has committed any other breach of security, please report to us at gosmarthk@jacobsonmedical.com.hk immediately for our immediate suspension of your user account or to take other appropriate actions. You agree that you will be responsible to us and to others for all activities that occur under your user account. We will not be liable for any loss or damage arising from your failure to comply with the Terms herein stated or from any third party’s act without your authorization. You are not allowed to sell, transfer, license or assign your ID or any of your rights as a user or under your user account to any party.

3.Order Processing, Price, Payment and Delivery

3.1The online shopping facility on the Website is available only to registered Users of the Website.
3.2Once you have placed the order with us and paid, you shall, to the fullest extent permitted by the applicable law, neither cancel nor vary the order howsoever, even if our acceptance or rejection of your order is still pending.
3.3Your placing of an order will constitute an offer from you to us to purchase the Product contained in that order.  We will acknowledge your order to confirm that we have received your order by email or a message shown on the Website. The confirmation will provide:
i.details of what have been ordered, including the product name, quantity and price,
ii.estimated dispatch and delivery information.

3.4We make no guarantee that the Product shown on the order placed through the Website will be available for sale at all times, as the display of the Product (if any) on the Website is invitation to treat only, which may be updated from time to time depending on our actual stock levels and availability. We reserve our right not to accept or cancel an order for any reasons at our sole discretion without any liability or compensation to you or any third party, including without limitation:

i.no sufficient stock to deliver the Product you have ordered; or
ii.no delivery can be arranged for your area; or
iii.one or more of the Products you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier; or
iv.the Product cannot be delivered at a reasonable time due to acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control.

3.5In case you have paid via the online payment facility provided by the Website, if we cancel your order we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within thirty (30) days of your order.

3.6Company may from time to time specify additional terms as a condition of sale of certain Products, including but not limited to minimum order value and/or minimum order quantity or additional delivery cost for delivery of orders below certain minimum value, as well as other terms which are required by Company to comply with its obligations to a third party supplier of the Product.  Such additional terms shall be deemed to be incorporated into the relevant purchase order submitted. Whenever required by Company, Client shall promptly do or cause to be done anything which Company considers necessary or desirable to give full effect to any additional terms, including entering into any further agreement, instrument or document.


3.7In accordance with clause 3.6, Company may from time to time make available for sale certain Products which may only be used by the Client for a particular purpose and for no other purpose.

3.8Price and Payment

3.8.1We will use all reasonable commercial endeavors to display up to date prices and product information on the Website, where such display constitute as invitation to treat only.  We reserve the right to update the price without prior notice.  If the price of the Product is higher at the time we are ready to send our acceptance of your order than what it was at the time you placed your order, then we will either:
 
i.cancel your order and credit to your account any sum deducted by us (if any) from your credit card, and will not be liable for any compensation with regard to such cancellation, or
ii.contact you to ask you whether you wish to pay the higher price or cancel your order.

3.8.2Our Website accepts payment by designated credit cards or other means as specified by us. All product prices listed are in Hong Kong dollars.

3.8.3When you place an order and pay through online payment facility you authorise us to debit the credit card or electronic wallet you specify on your order for the amount of the order at the time we send our acceptance of your order.

3.8.4We use third party payment services to process online transactions. When you place an order and pay through online payment facility, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any additional charges (such as but not limited to any bank, finance or administrative charges) and losses incurred or sustained by you in making credit card transactions, and in no event shall any such additional charges and losses in whole or in part be borne by us.

3.8.5We reserve the right to set up and update any reward programs applicable to the purchase through the Website. Conversion rates of reward points and their effective dates may be adjusted from time to time at our sole discretion. You agree not to dispute the conversion rates so adjusted.

3.8.6All financial amounts set out in a purchase order are in Hong Kong dollars, unless otherwise stated.

3.9Delivery

3.9.1Details and any updates on our delivery services are published at the Website.  We reserve the right to amend such details from time to time without prior notice.

3.9.2Provided that the delivery address specified in the orders is within our Hong Kong delivery zone, we will use reasonable commercial endeavors to make delivery to such delivery address.  

3.9.3Any complaint regarding obvious failure of the Products supplied by the Company to meet the details of the Product stipulated in the purchase order accepted by the Company which can be discovered upon reasonable visual inspection, including shortage, loss, damage or other discrepancy (collectively “Discrepancies”) shall be made in writing and submitted along with the delivery note, (and in case the delivery note is lost, specifying the order number, product code, quantity and other related information),  within seven (7) days upon receipt of the Product.  If Client fails to notify Company within the said period, Client shall be deemed to have accepted the delivery.

3.9.4Client shall retain all damaged Products or Products with Discrepancies in its original packaging.  The Parties shall coordinate with each other to agree on the arrangement for return or exchange, taking into account the reason for return or exchange.

3.9.5Company will not reimburse or refund Client for any claim relating to any Discrepancy in relation to the Products which arise as a result of any event after delivery or if Company determines in its absolute discretion the Products are not damaged or have no Discrepancy.  For the avoidance of doubt, this does not affect Client’s rights in relation to the Products under Clause 3.10.

3.9.6Title and Risk
Title to and risk in the Product will pass to Client once handed to our delivery staff (and in the first attempt of delivery in case the first attempt of delivery cannot be done).  For the avoidance of doubt, this does not affect Client’s rights in relation to the Product under Clause 3.10.

3.9.7In case of unsuccessful delivery of the Product, or if Client neglects, refuses or otherwise does not within a reasonable time take delivery of the Product, including but not limited to due to absence of Client in the first attempt of delivery, incomplete or incorrect delivery address, you agree that we may at our sole discretion:-
i.store such Product at such place as we determine until delivery and charge you for any delivery, insurance, storage and other charges we incur for storage and re-delivery of the Product; or
ii.arrange for your collection of such Product at the location we designated; or
iii.refund to you the price paid for such Product net of any and all delivery, handling and insurance charges; or
iv.otherwise dispose of such Product in any manner (including destruction without prior notice.  In such circumstances, we will not be liable for any refund or compensation and reserve the right to continue to claim against you for the storage charges incurred).

3.9.8Any times and dates given for dispatch of Products are only estimates. We will not be liable for the loss or damages arising from any delay in respect of the delivery of the Products.

3.10Product Warranties

3.10.1Company represents and warrants that it has all requisite rights to sell the Products to Client under this Contract.

3.10.2Certain legislation and regulations may confer the Client with rights, warranties, guarantees and remedies relating to the supply of the Products by the Company to the Client which cannot be excluded, restricted or modified (“Client’s Rights”). To the extent that the Client maintains Client’s Rights at law, nothing in this Contract excludes those Client’s Rights.  

3.11.3 Subject to the Client’s Rights, Company excludes all warranties, and all material, work, services and products (including the Products) are provided to the Client without warranties of any kind, either express or implied, whether in statute, at law or on any other basis, except where expressly set out in this Contract.  All conditions, representations, warranties, guarantees and obligations, whether express, implied or statutory, including without limitation, all conditions, representations, warranties, guarantees and obligations imposed as to performance or which might arise from course of dealing, course of performance, custom, usage, or trade as well as conditions, representations, warranties, guarantees and obligations of merchantability and fitness for a particular purpose are hereby expressly excluded and disclaimed by Company.

3.11Statutory Compliance

3.11.1You shall comply with all applicable laws, regulations and standards of all jurisdictions applicable to your performance under this Contract.

3.11.2All Products are subject to all applicable laws, regulations, orders and other limitations on the export and re-export of commodities, technical data and software. Client shall be solely responsible for compliance with all applicable export and re-export control rules that apply to resale activities and Client further agree that Client will not export, re-export, resell or transfer any export-controlled commodity, technical data or software:

i.in violation of such limitations imposed by any relevant national government authority;
ii.to any country for which an export license or other governmental approval is required at the time of export, without first obtaining all necessary licenses or other approvals;
iii.in violation of any applicable economic sanctions or trade embargoes.

3.11.3Without limitation to any other rights of Company, breach of this Clause 3.11 by you will entitle Company to terminate this Agreement immediately.


3.12Limitation of Liability.  With respect to the sale and purchase of the Product under this Contract,

i.To the full extent permitted by law and subject to clause 3.12 (ii) below, Company's maximum aggregate liability to Client for any loss or damage suffered, whether arising in contract, tort (including negligence), strict liability or by virtue of the breach of any statute or statutory duty or otherwise, will not exceed the total value of the purchase order(s) placed by Client with Company that is/are directly in connection with the act giving rise to any such claim by Client.

ii.To the extent to which Company is permitted by law, Company limits its liability to, at Company's option, the replacement of the Products or the supply of equivalent goods, the repair of the Products, or the payment of the cost of replacing the Products, of acquiring equivalent goods or of having the Products repaired.

4.Site Content/Customer Service

4.1Please note: All contents on our Website and/or Product information provided in the course of the Company’s rendering of the Service (including but not limited to text, pictures, video clips, graphics; collectively “Content”) are provided to you AS IS and AS AVAILABLE, without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law and is not intended as specific medical, commercial, financial, business or legal advice. You may access Content for your information and personal, non-commercial use solely as permitted under these Terms. We and the respective contributors of Content reserve all rights not expressly granted in and to our Service and the Content.

4.2You understand that when accessing our Website, you may be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify us and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of our Service. This Clause 4.2 will survive the termination or expiry of this Contract and/or your use of our Service.

4.3Customer Service
Online customer service provided through the Website and/or by the Company ("Online Customer Service") will be available during our business hours or at such other times as we shall in our discretion deem appropriate. While we endeavour to respond to each and every enquiry that you post as soon as possible, we are not responsible and/or liable for any delayed response or omission to respond.

No statement or information given during the Online Customer Service constitutes an offer to sell any goods, or (to the fullest extent as permitted under applicable laws in Hong Kong) a representation, condition, warranty or undertaking (express or implied) given by us.

5.User’s Conduct
5.1You represent and warrant that you will not:
i.hinder or interfere with the operation of our Website or the server or network used by our Website; or violate any laws, statutes, rules  or regulations or court orders related to the network, including but not limited to transmitting or distributing to our Website any virus, worm, Trojan horse or other computer code that is harmful or intrusive or may or intend to damage the operation of any hardware, software or equipment or monitor the use of any hardware, software or equipment;
ii.use any content of the Website for any commercial purpose or purposes other than personal use, or reprint, copy, sell, resell or use any part of our Website (including applications or software) or its connection for any commercial purpose without our prior consent;
iii.infringe any copyright, design rights and Intellectual Property Rights of the Products; use our Website to defame, abuse, harass, stalk, threaten or infringe the rights of other persons (including but not limited to the Intellectual Property Rights, privacy or publicity rights of other persons);
iv.establish a database by downloading and storing content, user content or any website content in an organized manner (including but not limited to collecting and storing personal data of other user); or revise, adapt, translate, reverse engineer, decompile or disassemble any part of our Website (including applications or software)
v.impersonate any person or organization;
vi.advocate, encourage or assist any third party in doing any of the foregoing; and/or
vii.use the Service and/or the Website to commit any criminal offence, including but not limited to posting any content that is unlawful.
5.2If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on our Website, please immediately report such material (and the specific page on which it is found) to gosmarthk@jacobsonmedical.com.hk. Please note that there may be adverse legal consequences if you make a false or bad faith allegation of copyright infringement or objectionable material through this process. We will not be liable for your access or viewing of any objectionable or infringing or unlawful material. We reserve all rights to take action against you for your false or bad faith allegation of infringement of any right.

6.Intellectual Property Rights

6.1Nothing in this Contract shall affect the ownership of any Intellectual Property Rights which are owned by or licensed to Jacobson, or which are the subject of an agreement obligating a third party to assign or license such rights to Jacobson.  You hereby acknowledge and agree that you does not have, nor will claim to have, Intellectual Property Rights in relation to the Services and / or the Products.

6.2You further agree that you are being granted with a revocable, non-exclusive, non-transferrable, limited license, without right of sublicense, to access and use our Service, our Website, the Content and/or the software contained therein for your own personal purposes.  You agree to use our Service, our Website, the Content and/or the software contained therein in compliance with this Contract.  Nothing you do on or in relation to our Service, our Website, the Content, the software, the materials contained therein will transfer any Intellectual Property Rights in relation to the Services and / or the Products to you or license you to exercise any Intellectual Property Rights in relation to the Services and / or the Products. We expressly reserve the right to take action against you in the event that you infringe any of our Intellectual Property Rights or other rights of any person. This Clause 6.2 will survive the termination or expiry of this Contract and/or your use of our Service.

6.3When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to the Website and/or during your access to the Service (“User Content”), you grant to us, our affiliates, agents and/or subcontractors, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up and royalty-free, sub-licensable and transferable licence to use, process, store, reproduce, distribute, publish, transmit, publicly display/disclose, modify, prepare derivative works of, display and otherwise use the User Content in connection with the Website and/or the Service.

6.4You represent, warrant and covenant that:
i.you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence in clause 6.3 above;
ii.the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our Website; by exercising the licence in Clause 6.3 above, we shall not infringe the Intellectual Property Rights or other rights of any third party (including the Intellectual Property Rights of any third party in any part of the world);
iii.to the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in Clause 6.3 above;
iv.at our request, you will provide us with written copies of any consents, permissions and licences that is required for the use of the User Content.

7.Privacy
We are committed to safeguarding the privacy of individuals with respect to personal data. We therefore make sure that our policies and practices in relation to the collection, use, retention, transfer and access of personal data comply with the requirements of the Personal Data (Privacy) Ordinance (Chapter 486) under the laws of Hong Kong. Please refer to our Privacy Policy Statement.

8.Indemnification
8.1To the fullest extent permitted by applicable laws, you agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.

8.2You agree to indemnify and keep indemnified Company fully at all times against all  losses,  damages,  actions,  claims,  costs,  expenses  and liabilities whatsoever which Company may sustain or incur including the costs of defending any legal proceedings taken against Company (including legal expenses on a full indemnity basis) as a consequence of any default of the provisions under this Contract by you (other than as a result of a wilful default or gross negligence by Company or any person for whom Company is responsible).

9.Suspension and Termination
9.1We may at any time, without notice or liability to you, suspend, limit or terminate your user account or refuse your access to any part or all of our Website, if, in our sole discretion, you fail, or we suspect that you fail or are unable, to comply with (or acted in a manner indicating that you do not intend to or are unable to comply with) any of the provisions of this Contract, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.
9.2During suspension of your user account or upon termination of your user account:- (1) any rights we have in respect of your obligations under this Contract which are not fulfilled by you shall continue to exist; and (2) the online Services registered by you, and all licenses, rights and privileges granted to you under the Contract shall cease.
9.3Upon termination of this Contract, all outstanding sums payable by the Client to the Company shall immediately become due and payable and, to the extent permitted by laws, Jacobson may at its discretion deliver any outstanding orders as per the end date of the Contract, unless the Parties decide otherwise with respect to such outstanding orders (including reaching an agreement with regard to the costs of such cancellation (if any)).  All unused rewards points upon termination shall be forfeited.
9.4The termination of this Contract, however it arises, shall be without prejudice to any rights either Party which may have accrued by, at or up to the date of termination.

10.Modifications and Amendments

We may at any time without notice: (1) expand, reduce and/or modify the whole or any part of the content of our Website (including the Services or functions of the Website provided by us) and these Terms; (2) deactivate the whole or any part of our Service or our Website to carry out system maintenance, upgrading, testing and/or repairs; and/or (3) terminate, limit or suspend your user account according to Clause 9 above.

11.Governing Laws and Dispute Resolution

The Contract, including these Terms, are governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region, excluding conflict-of-law principles that would cause the application of the laws of any other jurisdiction. Any part of the Contract which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of the Contract nor affect the validity or enforceability of that part in any other jurisdiction. The courts of Hong Kong shall have exclusive jurisdiction to settle any disputes or claims that arise out of or in connection with this Contract.

12.General Terms

12.1We have made every effort to make clear whether the quoted prices for the Products available through our Website include any relevant tax or duty. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty imposed by operation of law that is in addition to the price.

12.2No failure or delay by us in exercising any right, power or remedy will operate as a waiver thereof, nor will any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of the full set of the Terms or the Contract will be deemed to be a waiver of any subsequent breach of that or any other provision of the same.

12.3If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these Terms.

12.4You shall not assign to any third party your rights and obligations under these Terms or the Contract, whether in whole or in part without our written consent.

12.5We may assign the Contract or appoint any third party, including our Affiliate, to provide the Services to you on our behalf or to perform any of our obligations under the Contract.

12.6These Terms set forth the entire agreement and understanding of the Parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these Terms.

12.7Nothing in the Contract, express or implied, is intended to or shall confer upon any person other than the Parties any right, benefit or remedy of any nature whatsoever under or by reason of the Contract. The provision of the Contracts (Rights of Third Parties) Ordinance (Cap.623) of the laws of Hong Kong are expressly excluded from the Contract. The application of the Contracts (Rights of Third Parties) Ordinance, and/or any comparable law in any jurisdiction, giving to or conferring on third parties the right to enforce any term of the Contract, is expressly excluded.  No term of the Contract is, or is intended to be, enforceable by any person not being a Party to it.  Notwithstanding the foregoing in this paragraph, third party rights under the Contract shall be enforceable by Jacobson and/or its Affiliates in accordance with the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction.

12.8The provisions contained in each clause of the full set of the Terms and the Contract are enforceable independently of each of the others and its validity will not be affected if any of the others is invalid.  If any provision is determined to be illegal, invalid, or unenforceable, the legality, validity and enforceability of the remaining provisions will not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there will be added as part of the full set of the Terms and the Contract one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.

12.9In the event of any discrepancy between the Chinese version and the English version of the Terms, the English version shall prevail.

Disclaimer

1.Application

This Disclaimer should be read together with the Terms of Use and applies to:

i.use of Website and/or the Service ;
ii.the information stored on or receivable through this Website or any other server which hosts the Website, as well as the information stored on or receivable through the mobile applications in relation to the access to the Service ("Information"); and
iii.Any goods or services offered to or obtained through the Website the said mobile applications by you.

To the fullest extent permitted by applicable laws, this Disclaimer limits the liability of Jacobson Medical (Hong Kong) Limited, its Affiliates, subsidiaries, employees, agents, contractors and any third party provider of the Information (collectively, "Jacobson") with respect to the said use, Information, goods or services.

All defined terms not otherwise defined in this Disclaimer shall have the same meaning as those defined in the Terms of Use.  

2.Copyright and other intellectual property rights

The Information may be protected by intellectual property laws and rights, including but not limited to legislation protecting copyrights.  If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User's responsibility to determine whether any such infringement ("IP Infringement") will occur.

3.General Disclaimer

You expressly agree that your use of our Website, Service, software and/or the Content and/or content obtained through your use of any of the foregoing are at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. To the fullest extent permitted by applicable laws, Jacobson expressly disclaims any responsibility, representation or warranty:

a.In relation to the ownership rights, quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, merchantability and non-infringement with respect to the Website or the Information;
b.that any goods or services accessed, offered or obtained through the Website or pursuant to the Information will meet your requirements;
c.that any access to the Website or the Information will not be interfered or will be uninterrupted; or that the Service or the software or the device or the server that makes our Service available are free of viruses or other harmful components, without security loophole or otherwise secure or any defects contained therein will be corrected; or that the materials provided through our Service are functional, accurate and reliable.
d.that the Information will not be objectionable or offensive to the User or any other person;
e.that the Information will not contain omission or misstatement or cause an error.

Jacobson does not endorse or recommend any person, organisation, name, product or service referred to in the Information, nor does the Information constitute Jacobson’s views or opinions. Jacobson will not be a party to any transaction between the User and any third person in any way relating to the Information or made through the Website unless and only to the extent expressly stated in writing otherwise.

4.Third Parties Websites / Materials

The Website or the Information may contain materials from third parties and/or hyperlinks to third party websites. Your use of third parties’ websites and/or materials linked to our Website may be governed by additional or different terms and conditions. Those additional terms and conditions of such web pages and applications will apply to you in addition to the Terms and will prevail over the Terms if there is any inconsistency regarding your use of those web pages and/or applications.

We make no representation about, and we do not endorse and could not control the reliability or performance of any software, materials, applications, media platforms, devices or services of third parties (e.g. our information suppliers or advertisers or sponsors or promotional partners) that you may access through, or are linked to or embedded in our Website. You agree that any use of such software, materials, applications, media platforms, devices or services will be at your own risks. To the fullest extent permitted by applicable laws, you expressly relieve us from any and all liability arising from your use or access of any third party website or materials.

To the fullest extent permitted by applicable laws, Jacobson accept no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to the Website, including but not limited to a link through advertisement) which are not under Jacobson’s direct control. Jacobson reserves the right to require the removal of any link from another website to the Website which is installed without obtaining the prior written consent of Jacobson.

5.Limitation of Liability

To the fullest extent permitted by applicable law, we are not liable to you or any other third party (including users of our Service, whether authorized or not) for the following:
5.1 any damage to or loss of data and/or the consequences or effects on your Internet connection, its speed and/or bandwidth, arising from your use of our Website, Service, software and/or any Content;
5.2 any claim based on tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:
a. any direct loss;
b. any consequential or indirect loss (including without limitation loss of revenue or profits); or
c. the User's liability to any other person,

which is suffered or incurred by the User or any other person arising under or in any way out of the Information or the use of our Website.

5.3 any claim relating to any part of our Website, Service or software and/or Content supplied, provided, sold or made available by or through our Service (or any failure or delay to so supply, provide, sell or make available);
5.4 any disruption, suspension, delay, failure or discontinuation of our Website, Service or our Service capacity, software and/or Content or any part thereof which is attributable to (i) an event or circumstance beyond our reasonable control; (ii) our system maintenance, upgrading, testing and/or repairs, (iii) the reliability and stability of your Internet connection and its speed, its bandwidth, its system and services and (iv) any other third party’s software or services.

6.Confidentiality

Jacobson does not warrant (and accepts no responsibility for) confidentiality of any information or data whether personal or otherwise transmitted through our Website. Jacobson will use the same degree of care (but no less than a reasonable degree of care) as it would use to protect its own confidential information to prevent unauthorized use, disclosure, dissemination or publication of Information disclosed to Jacobson on a confidential basis which is confidential in nature.

7.Availability and Suitability of Services

Jacobson does not warrant that the content or materials contained in the Website or the Information are current or accurate or that any of the products or services displayed or featured (as invitation to treat only) on the Website are available. Jacobson may change the materials appearing on the Website at any time without notice.

8.User's Obligations

In consideration of Jacobson allowing the User access to the Information and/or the Website, the User agrees:

a. not to carry out or allow any IP Infringement;
b. not to use the Information or the User's access to the Website for any illegal, improper, obscene or defamatory purpose;
c. to take all steps to ensure the Information does not damage the User's information or systems;
d. to ensure that all information which you provide to the Website or to us, through the Website or mobile applications in relation to the access to the Service, is true and accurate to the best of your knowledge;
e. to all Jacobson 's disclaimers and limitations of liability set out in this Disclaimer; and
f. to Jacobson's Private Policy Statement current from time to time applying.

9.Indemnity

To the fullest extent permitted by applicable laws, you agree to hold Jacobson harmless and indemnify Jacobson against all losses, damages, claim, demands, liabilities, costs (including legal costs), and expenses in connection with your use of the Website in breach of the terms and conditions herein or negligence.

10.Territory

The materials on this Website are directed solely at persons accessing the Website from the Special Administrative Region of Hong Kong. We make no representation that any product or service referred to on this Website is available, or appropriate for use for any other location.

In the event of inconsistency or conflict between the English and Chinese versions of this Disclaimer, the English version shall prevail.