1.1 We are King Cyber Limited (collectively the "Company" or "KCL") and we own and operate the site www.starchew.com (collectively referred to as “our site” or “starchew.com”). We and our site facilitate a convenient way to shop including online and by using our applications or software (“services”).
1.2 By using our site and our services you agree to be bound by the following terms and conditions. Please read them carefully.
1.3 The meaning of some words used in these terms and conditions:
1.3.1 “we”, “us” or “our” is a reference to (name of person or company providing the services).
1.3.2 “you” or “your” is a reference to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise we delivered.
1.3.3 “Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our site.
1.3.4 “merchandise” means the goods or services you ordered through our site, which you will pay for.
1.3.5 “intellectual property rights” means any and all patents, trade marks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
1.3.6 “services” has the meaning given in clause 1.1.
1.3.7 “supplier” means the supplier of the merchandise you ordered through our site.
1.3.8 “site” means our starchew website located at www.starchew.com, and any associated sites linked to it.
1.3.9 “User Content” has the meaning given in clause 10.1.
2.1 You are required to register with us when you use the services or place an order. By registering you are making a statement, upon which we are entitled to rely, that you are capable of forming a legally binding contract.
2.2 You represent to us that all purchases made by you including those made through our site will be within the scope of your authority to conclude contracts.
2.3 In consideration of your use of our services, you agree to:
2.3.1 provide true, accurate, current and complete information about yourself when registering or filling out our registration form; and
2.3.2 maintain and promptly update your registration information to keep it 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.
3. Returns or Exchanges
3.1 Unless otherwise specified, no return or exchange of merchandise will be accepted. Please read our returns and exchanges policy carefully before you place an order.
3.2 If you find that the merchandise you ordered is faulty, defective or damaged (with no fault on your part), or the merchandise is not what you ordered, or the delivery is of an incorrect quantity, you may request replacement of specific products within 7 days after delivery, provided that:
3.2.1 our returns or exchanges policy applies;
3.2.2 the merchandise are unused and in the condition originally sold together with all parts and accessories which are provided with the merchandise including manuals, certificates, labels, tags, consumables, bags, and boxes; and
3.2.3 the packaging of the merchandise must be in the condition in which it was delivered to you.
3.3 You are required to provide proof for approval of any request (stated in Clause 6.2) as below:
3.3.1 provide valid proof of purchase from starchew.com; and
3.3.2 send photos of the concerned item(s) to us via email / instant messaging software.
3.4 We will arrange replacement of the merchandise concerned upon approval of any request pursuant to Clause 6.3 above.
3.5 You agree and accept that merchandise is acceptable for exchange subject to stocks availability. Should any item be out of stock..................
3.6 You agree and accept that it will be at our sole discretion whether the merchandise is accepted for replacement. Under no circumstances will we be held liable for your damages for whatever reasons.
4. Disclaim of Warranties and Limitation of Liability
4.1 We do not represent or warrant that access to our site (including using our applications or software), or any part of it, will be uninterrupted, reliable, fault-free, without viruses or contaminating or destructive properties.
4.2 We do not represent or warrant to you that our site or any of its contents or any information provided by us will be accurate, complete or reliable.
4.3 We do not represent or warrant that:
4.3.1 any services (whether or not provided by us) will be provided with due care and skill; or
4.3.2 any merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
4.4 You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
4.5 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
4.5.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site (including using our applications or software) or any information on our site;
4.5.2 the unavailability of our site (or any part of it), merchandise or services;
4.5.3 any delay in providing, or failure to provide or make available, merchandise or services, or any negligent provision of merchandise or services;
4.5.4 any merchandise not being of merchantable quality or fit for their intended purpose; or
4.5.5 any misrepresentation on or relating to our site, the merchandise or the services; or
4.5.6 your reliance or use (whether authorized for not) of any information on our site.
4.6 Save as required by law:
4.6.1 we will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us, and
4.6.2 we will have no liability to pay any money to you by way of compensation except otherwise specified in these terms and conditions.
4.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase merchandise from us or our site. We make no representation and accept no liability in respect of the export or import of the merchandise you purchase.
4.8 You agree that each of these limitations is reasonable having regard to the nature of our site and our services.
4.9 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our services or the merchandise to you.
4.10 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
5.1 You represent, warrant and covenant that you will not:
5.1.1 use our site for any fraudulent or unlawful purpose;
5.1.2 use our site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
5.1.3 interfere with or disrupt the operation of our site or the servers or networks used to make our site available; or violate any requirements, procedures, policies or regulations of such networks;
5.1.4 transmit or otherwise make available in connection with our site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
5.1.5 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our site (including our applications or software);
5.1.6 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our site (including our applications or software);
frame or mirror any part of the site without our express prior written consent;
collect or store personally identifiable information about other users;
5.1.9 create a database by systematically downloading and storing the Content, User Content or any site content; and
5.1.10 infringe any copyright, design right and intellectual property right of ours or in the merchandise.
6.1 The intellectual property rights in all Content are owned, controlled or licensed by or to us. Except for the rights granted to you under clause 6.2, nothing in these terms and conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.
6.2 Subject to these terms and conditions, you may use the Content for your own personal purposes.
6.3 Unless you have our express written consent or you are expressly authorized by law to do so, you shall not:
6.3.1 use the Content for any commercial or other non-personal purpose;
6.3.2 make any copies of the Content or transfer the Content to any other device or any other person; or
6.3.3 otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
6.4 You acknowledge and agree that we may cease to supply any of the Content to you at our sole discretion at any time or if you are in breach of any of the terms of this clause.
6.5 We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but give no warranties and make no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it. You also agree that responsibility for the content of advertisements appearing on our site rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on our site.
7. User Generated Content
7.1 When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to our site (“User Content”), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the site, including without limitation for the purposes of promoting and redistributing part or all of the site in any media formats and through any media channel. Without limitation, the rights that you grant to us under this clause 10.1 include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
7.2 You represent, warrant and covenant that:
7.2.1 you have the legal right and authority to grant the license in clause 10.1 above;
7.2.2 you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licenses which are required for you to grant us the license in clause 10.1 above;
7.2.3 by exercising the license in clause 10.1 above, we shall not infringe the intellectual property rights or other rights of any third party;
7.2.4 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 10.1 above;
7.2.5 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 site; and
7.2.6 at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
7.3 You acknowledge and agree that we may at our sole discretion use or not use any User Content in any of the ways mentioned in Clause 7.1 above or any other way at any time.
7.4 You acknowledge and agree that we may cease to supply any of the User Content to you or to anyone at our sole discretion at any time or if you are in breach of any of the terms of this clause.
You agree to indemnify us and all of our directors, employees, agents, and contractors, and hold us all harmless from and against any claim, loss, damage, cost, expense (including legal expenses), actions or demands, or any alleged claim, actions or demands or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein or from your use of our site or its contents.
9. Linked Websites
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of or exercise control over any website outside our site. Access to and use of such other websites is at your own risk.
10.1 We may terminate your access to our site or registration immediately at our sole discretion at any time or if you are in breach of any of these terms and conditions.
10.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
11. Intellectual Property
11.1 All intellectual property rights in the Content, User Content, design, text, graphics and other material on our site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any unauthorised use without our prior written permission is strictly prohibited.
11.2 All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
12.1 Where in these terms representations and warranties are made to us, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, us and that we may rely upon and enforce such representations and warranties against you.
12.2 We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions.
12.3 We have made every effort to make clear whether the quoted prices for merchandise available through our site 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 (for example value added tax) imposed by us or by operation of law that is in addition to the price.
12.5 We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user or to any user that is in breach of these terms and conditions.
12.6 We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services resulting from any event or circumstance beyond our reasonable control.
12.7 If 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 and conditions.
12.8 We may assign these terms and conditions or appoint any third party, including our group companies, to provide the services to you on our behalf or to perform any of our obligations under these terms and conditions.
12.9 You shall not assign or otherwise deal with the rights and obligations under these terms and conditions, whether in whole or in part without our written consent.
12.10 These terms and conditions 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 and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
12.12 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.
We reserve the right to terminate or vary the above offers at any time without notice. In the event of any dispute, our decision shall be final and conclusive.
These terms and conditions form the integral part of the General Terms and Conditions.