Terms and Conditions
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TERMS AND CONDITIONS OF USE OF THE WEBSITE

 

Preamble

 

This page sets out the terms and conditions (“T&Cs”) for using the website at http://www.posumon.com.hk/ and such other websites as we may advise from time to time. The term “Website” refers to all the aforesaid websites or, where the context requires or indicated hereinafter, one or more of the specific websites thereof.

 

Your use of the Website shall be deemed to imply your acceptance of the T&Cs as well as the “Personal Data Privacy Statement” posted on the Website.

 

All references in the T&Cs to “we” and “us” shall mean Po Sum On Medicine Factory Limited (保心安藥廠有限公司) (“PSO”).

 

  1. Use of the Website

 

  • The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding the Website.

 

  • You are prohibited from violating or attempting to violate the security or security measures of the Website, including but not limited to:

 

  • accessing materials not intended for you;
  • logging into any server or account which you are not authorized to access;
  • attempting to explore, probe, examine or test the vulnerability or loopholes of a system or network utilized by the Website;
  • disrupting, violating or breaching the security or authentication measures adopted by the Website; and
  • interfering with the access to or use of the Website by other users.

 

  • Your breach of the T&Cs, including but not limited to Clause 1.2 above, will subject you to civil liability or possibly also criminal liability on your part, whereupon we shall take legal actions against you as we deem necessary and expedient.

 

  1. Contents of the Website

 

  • The establishment of the Website and all materials and information presented or provided thereon are intended for your personal entertainment, information, education and communications only, and shall not howsoever be regarded as our offer for sale of any goods or provision of any services. For the avoidance of doubt, pictures of the products on the Website are for reference only.

 

  • Although we have made commercially reasonable efforts to display the products on the Website as accurately as possible, the appearance of the products displayed on your computer screen or mobile electronic device screen may be affected due to the screen setting, screen resolution or display capabilities and colour resolution of your computer or mobile electronic device monitor. We shall not be held responsible for the restrictions or limitations of technology and do not guarantee that your computer or mobile electronic device monitor can display any colour, size, texture, features or details of the relevant products accurately.

 

  • If applicable, if you wish to shop online through online shopping websites set up by the Website, you shall consent to and comply with the related online shopping terms and conditions.

 

  1. Registration

 

  • For the avoidance of doubt, this Clause 3 is and will only become effective automatically upon a membership system being established on the Website.

 

  • You warrant that the personal information which you provide when you register as a member of the Website is true, accurate, complete and not misleading in all respects.

 

  • You must never use the membership account of another registered member. You will be liable for all losses of ours and/or other persons resulting from your unauthorized use of other members’ membership

 

  • You are responsible for ensuring that the details of your membership account maintained with us are kept secure and confidential. In no event shall we be responsible or liable for any unauthorized use of your membership account by any other person.

 

  1. Information Submission

 

  • You agree and consent that any and all opinions, comments, messages, postings, data, suggestions, designs, concepts and other items or materials disclosed, submitted, uploaded, posted, sent or offered to us through or in connection with the Website (collectively, “Submission”) are of a non-confidential or non-privileged nature. We shall be under no obligation to:

(1) maintain any Submission in confidence;

(2) pay to you or anyone compensation or damages for or in connection with the use of any Submission; or

(3) respond to any Submission.

 

  • You represent and warrant that no Submission by you will, in any respect and manner:

(1) violate any applicable law or regulation; or

(2) infringe the copyright, trademark, trade secrets or other intellectual property rights of others; or

(3) violate or infringe on the privacy, publicity or other personal rights of others.

 

  • You agree not to upload, post, distribute or otherwise publish on the Website any material in any respect or in any manner that:

(1) is libelous, defamatory, obscene, pornographic, scandalous, threatening, abusive, hateful or offensive;

(2) infringes the copyright, trademark, trade secrets or other intellectual property rights of others;

(3) violates the privacy, publicity or other personal rights of others;

(4) is illegal or advocates illegal activities;

(5) advertises or solicits funds, goods, services, or disseminates any junk mails, spam, chain letters, schemes or other forms of solicitation; or

(6) contains viruses, Trojan horses, worms, corrupted files, or other materials that may cause damage to another’s computer or mobile electronic device.

 

  • You agree and consent that any Submission posted by you on the Website may be accessed by other users of the Website for the purposes of accepting, forwarding, identifying, locating and/or replying to such Submission. We shall not be responsible for any improper use of the content of such Submission by any third party.

 

  • By making any Submission through, in connection with or related to the Website, you agree to unconditionally grant us a non-exclusive, worldwide, irrevocable and royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you have in your Submission in order that we can host and display the same on the Website, and carry out any other lawful purposes, without paying any compensation or damages to you or any other person.

 

  • You are aware and acknowledge that we do not pre-screen or approve any Submission posted on the Website by its users, and agree that you shall be solely responsible for the form, content, accuracy and truthfulness of the Submission posted on the Website by you as well as all consequences of your postings on the Website. In any event, we take no responsibility whatsoever for the Submission posted on the Website by any users of the Website, or for loss of content of any Submission, and do not make any representations or warranties regarding the content, truthfulness, reliability or accuracy of any Submission on the Website posted on the Website by its users. Any reliance by you on the Submission posted by other users of the Website shall be at your own risk. You should be held liable for all its losses and we take no responsibility for it.

 

  • We may not monitor the Website at all times but reserve the right to do so. We shall have the right to remove any Submission posted by you on the Website which is abusive, illegal, disruptive, or inappropriate at our sole and absolute discretion, without any compensation or recourse to

 

  • Without prejudice to Clause 4.7, we shall have the right to further limit or even ban your posting of Submission on the Website, including but not limited to the period of time of posting and the size of contents of your Submission.

 

  • You shall not delete, revise or use any content posted by other users on the Website other than for the purposes of accepting, forwarding, identifying, locating and/or replying to the same.

 

  • We do not accept liability for any Submission posted on the Website, and the contents thereof do not necessarily represent or reflect our views or opinions.

 

  1. Intellectual Property Rights

 

  • You acknowledge and agree that, subject to Clause 4.5, the materials contained in the Website (including but not limited to text, images, layouts, designs, pictures, graphics, logos, icons, trademarks, brands, audio and video clips or files, illustrations, data or information compilations, software and other proprietary materials contained in the Website) are the intellectual properties owned by us, our affiliates (including but not limited to our subsidiaries and other group members) (collectively “Affiliates”), our licensors or other third parties which are protected by copyright laws and/or other intellectual property laws.

 

  • Without prejudice to Clause 5.1, all trademarks used on the Website are the registered or unregistered marks of ours or our Affiliates or third party licensors, which are protected by trademark laws. Nothing contained in the Website shall be construed as granting (whether by implication, estoppel or otherwise) any license or right to use any trademarks displayed on the Website.

 

  • You acknowledge and agree that the materials contained in the Website are made available for your personal non-commercial use only and that you may download or copy such materials solely for your personal non-commercial use, provided, however, in any circumstances, you will not delete or change the copyright, trademark and other proprietary notices or declarations contained in such materials. You will not obtain any right, title or interest in any of such materials as a result of such downloading or copying.

 

  • You undertake that, except for your personal non-commercial use, you shall not, (and shall not procure, assist or facilitate any third party) to, copy, reproduce, transmit, publish, distribute, display, remove, delete, add to, modify, commercially exploit or create derivative works from, or sell or participate in any sale of the materials contained in the Website (whether in whole or in part).

 

  • Any use of the materials on the Website other than those permitted under the T&Cs is strictly prohibited.

 

  1. Links to other websites

 

  • Where the Website provides links to third party websites, these are provided solely as a convenience to you, and shall not in any circumstances and in any way, be regarded as an endorsement or approval by us in relation to the contents on such websites. If you access or visit any linked third-party websites, you do so entirely at your own risk. We neither take any responsibility for nor make any representations, warranties or undertakings (whether express or implied) as to their availability and the contents contained therein. Any questions or comments relating to such third-party websites shall be addressed to the operators of those websites.

 

  1. Disclaimers and Limitation of Liability

 

  • Given the unpredictability of technology and the online environment, we do not warrant (whether expressly or impliedly) that:
  • the function, operation or accessibility of the Website will be uninterrupted or error-free;
  • defects of the Website will be corrected; or
  • the Website or the server that makes it available will be free of viruses, Trojan horses, worms or other harmful elements. 

 

You agree and acknowledge that access to the Website and transmission or posting of contents and materials through the Website are undertaken at your own risk. We accept no liability whatsoever and howsoever arising from and/or in connection with your use of or inability to access the Website. We shall also not be responsible or liable to you for any loss of contents or materials uploaded or transmitted through the Website, or any incorrect or delayed transmission of such contents or materials.

 

  • You are aware and agree that, whilst we have made commercially reasonable efforts to allow you to use of the Website for 24 hours a day, we do not warrant that you will be able to use the Website. You also acknowledge and agree that we have made no representation or warranty that the Website shall be available for your use. You shall be responsible for the hardware, software and other equipment you use and we do not warrant that the Website is compatible with the system you use.

 

  • Whilst we endeavour to ensure the integrity of the Website and present the most updated, accurate and reliable information on the Website at all times, we make no warranty as to the timeliness, accuracy, utility, completeness or other qualities of the Website and the information therein contained, and shall not be liable for loss or damage of any kind (whether we ought reasonably to have known or had been advised of the possibility of the same) arising from and/or in connection with your use of the Website or the information contained therein. Any error or omission on the Website shall be subject to our correction at any time without any liability on our part.

 

  • We make no representation or warranty that any product displayed on the Website will be available in all PSO retail shops at all times.

 

  • The Website and its contents are provided on an “as is” basis at your own risk without any warranties of any kind from us. To the fullest extent permissible under applicable law, we disclaim any and all warranties (whether express or implied), in relation to the Website, the information contained therein, the products displayed thereon and the services provided thereat.

 

  • We shall not be liable for any failure, delay or default in carrying out our obligations or duties hereunder directly or indirectly caused by or resulted from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labour disputes, equipment failures (including but not limited to Internet system failure), or any other causes beyond our reasonable control.

 

  • Without prejudice to this Clause 7 and subject to the applicable laws, our aggregate liability to you for all claims arising from your use of services on the Website and the Website itself shall be limited to the amount of HK$100.

 

  1. Indemnity

 

  • You irrevocably and unconditionally agree to defend, indemnify and hold us, our officers, directors, agents, employees, contractors, other representatives and Affiliates harmless from and against all claims, actions, demands, legal liabilities, expenses, losses, damages and other costs whatsoever (including but not limited to any claims made against us by any third party) arising from and/or in connection with your use of the Website or breach of the T&Cs.

 

  1. Expulsion

 

  • In the event that you have breached, or we suspect that you have breached or attempt to breach, any provision of the T&Cs or the applicable laws or regulations, we shall have the absolute right to expel you from and prevent your further access to the Website (by way of, including but not limited to, terminating your membership account and blocking your Internet Protocol (IP) address), and remove any and all contents and materials posted by you on the Website, without prior notice and compensation of any kind to you.

 

  • We shall have no obligation at any time to deliver or return to you any contents or materials posted on the Website by you which are subject to removal pursuant to Clause 9.1.

 

  1. General Terms

 

  • We reserve the right to modify, suspend or withdraw (temporarily or permanently) the Website (or any part thereof) with or without notice to you. In any event, we shall not be liable to you for any modification to or withdrawal of the Website.

 

  • We may revise the T&Cs from time to time without prior notice to you. Your continued use of the Website following such revision shall be deemed as your acceptance of the amended T&Cs. It is your responsibility to visit the Website regularly to check out the latest version of the T&Cs.

 

  • From time to time, certain cyber squatters, cyber attackers or other unauthorized persons may, in bad faith, register or use a confusingly similar domain name / name / logo or claim themselves as authorized dealers of ours or our Affiliates, with the intention of taking unfair advantage of our reputation and goodwill. We hereby put you on notice that:

 

  • websites currently owned and operated by us are restricted to that set out in the Preamble; and
  • if applicable, at present, we and our Affiliates only permit online sale of our products through our website at http://www.posumon.com.hk/.

 

Domain name similar to that of PSO website, or website that purports itself having PSO products available for sale may not be related to us and/or our Affiliates and may represent an unlawful infringement of our and/or our Affiliates’ rights, interests, reputation and goodwill. We and our Affiliates are not responsible and shall not be held liable for any contents, transactions or any other matters of such unauthorized websites.

 

  1. Entire Agreement

 

  • The T&Cs shall constitute the entire agreement between you and us relating to your use of the Website, and shall replace and supersede all other communications (whether written or oral), discussions, letters and contracts relating to the subject matter hereof.

 

  1. Assignment

 

  • You shall not assign or transfer any of your rights or obligations under the T&Cs without our prior written consent.

 

  1. Waiver

 

  • No failure or delay by us in exercising any right, power, remedy or compensation under the T&Cs shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power, remedy or compensation. Without limiting the foregoing, no waiver by us of any of your breach of any provision of the T&Cs shall be deemed as a waiver of any subsequent breach of that or any other provision of the same.

 

  1. Severability

 

  • The provisions contained in each clause of the T&Cs shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. In the event any provision of the T&Cs is determined to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of the T&Cs shall not be affected in any respect and, in lieu of such illegal, invalid, or unenforceable provision(s), there shall be added as part of the T&Cs one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.

 

  1. Governing Law and Dispute Resolution

 

  • The T&Cs shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China.

 

  • Any dispute, controversy or claim arising out of or relating to the T&Cs, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the following:

 

  • The appointing authority shall be Hong Kong International Arbitration Centre (“HKIAC”).
  • The place of arbitration shall be in Hong Kong at HKIAC.
  • The arbitration shall be presided by a single arbitrator at HKIAC appointed in accordance with its domestic rules.
  • Any such arbitration shall be administered by HKIAC in accordance with the prevailing HKIAC Procedures for Arbitration including such additions to the UNCITRAL Arbitration Rules as are therein contai
  • The language to be used in the arbitral proceedings shall be English or Chinese, at our sole and absolute discretion.

 

  1. Language

 

  • The T&Cs are written in both English and Chinese languages. Where there is any conflict or disparity between the English and the Chinese versions, the latter shall prevail.

 

  1. Enquiries

 

  • If you have any enquiries relating to the Website, please contact our customer service center by email at posumon@posumon.com.hk or by calling our customer service hotline at (852) 2545 1403 between 8:30m. and 5:30 p.m. from Monday to Saturday.