Terms of use & Conditions

These Terms of use and Conditions are applicable to all users who visit the website of VITAMAN HONG KONG (VG): www.vitaman.com.hk (“this website”).

Please read the following terms of use of this Website (“these Terms of Use”) carefully before using this website. Your visit of this Website means that you have accepted these Terms of Use. If you are not willing to be bound by these Terms of Use, please do not visit this Website. “You”, “your”, “users” and “members” refer to any person and/or entity that accesses this Website for any reason.

1. Description of services and contents provided by this website
This website provides information about introduction of VG, VG’s vision, latest promotion and offer, update news, online shop and contact information.

2. Change of Terms of Use
VG reserves the right to change, modify or delete contents of these Terms of Use at any time and has the right to unilaterally change these Terms of Use from time to time in our sole discretion without notice or liability to you. You should regularly visit this Website to find out whether these Terms of Use that are binding on you have been revised. By continuing using this Website following such modifications to the Terms of Use, you agree to be bound by such modifications.

3. Website Updates
VG reserves the right to update, amend or remove material from this Website at our sole discretion and at any time, without prior notice to you, or alter the presentation, substance, or functionality of this Website.

4. User Conducts on this Website
As a condition of your use of this Website, you may not:
4.1 trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorized by us;
4.2 restrict or inhibit any other user from using and enjoying this Website;
4.3 in any way, infringe the intellectual property rights of any other person or invade the privacy of other users or acquire their identities or any other personal information, or damage any part of this Website, the Materials and/or products provided in this Website;
4.4 in any way, change any Materials or product provided in this Website;
4.5 post or transmit any unlawful, fraudulent, libelous, defamatory, pornographic, obscene, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law, infringe any intellectual property right, proprietary rights or confidentiality obligations of others;
4.6 post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;
4.7 post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; interfere with the operation of this Website in any way, including but not limited to, transmitting software viruses or transmitting any computer code or message designed to shut down, interfere with or change the operation of this Website;
4.8 use this Website or other methods to collect other users’ information;
4.9 post, publish, transmit, reproduce, distribute, copy, print, sale, resale or in any way exploit any Website Material obtained through this Website for commercial purposes without TE prior written permission (unless otherwise specified by VG in this Website or pursuant to separate license granted by us);
4.10 upload, post, publish, transmit, reproduce, or distribute in any way, any component of this Website itself or any Website Material obtained through this Website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without our prior written permission (unless otherwise specified by us in this Website or pursuant to separate license granted by VG);
4.11 in any way, disseminate, announce, spread, revise, display or sell any of the contents of or the products described in this Website, or any derivative works based on them, or use such works;
4.12 sell or modify the Materials, copy, reproduce, re-issue, upload, download, publish, transmit, display, publicly implement, issue the Materials in any way, store the Materials in the retrieval system or use it in any other way for any public or commercial purpose without any prior written permission from VG;
You have no rights in or to the Information and you will not use the Information, except as permitted under these Terms of Use and/or in accordance with separate license granted by VG.

5. Website Material
This Website provides tangible or intangible information, data, content, diagrams, images, music, symbols, graphic button, links, HTML code, trademark, software, photos, pictures, videos, audios and other materials and items, (collectively, the “Website Materials”). If VG agree to grant you access to this Website such access shall be a non-exclusive, non-transferable and limited license to access this Website in accordance with these Terms of Use. All Website Materials are protected by copyright law, trademark law and other applicable laws. All Website Materials are the exclusive property of TE or website contents provider of VG or its clients.

Unauthorized use of any Website Materials is an infringing act under the copyright law, the trademark law or other applicable laws. If you make any copy of the Website Materials, you must retain the notice of copyright, trademark, service logo or other exclusive rights as used in the original copy.

6. Third Party Information
The Website Material may contain information provided by third parties or sourced by VG from business sources and other references or sources.

We are not responsible if any Website Materials is not up-to-date. We do not separately verify the Website Materials provided by such third party or agency and you are cautioned thus to the reliability and accuracy of the Information accordingly. We do not accept any responsibility whatsoever in respect of any such Website Materials. Any use of and reliance of such Website Materials is at your own risk.

7. Promotional activities
VG will carry out promotional activities on this Website regularly. If the promotional activities involve gaining or accumulating reward points or other rewards, VG will be the final arbitrator of the total number of reward points awarded according to its records and you shall not dispute such decision.

8. Website Links
8.1 This Website may contain links to other sites and pages which are operated by third parties. We have no control over the content of the linked websites or the way in which the operators of those websites deal with your Personal Data;
8.2 Links to other websites do not constitute an endorsement or recommendation by us of such websites or the Information, products, advertising or other materials available on those websites;
8.3 You should review the terms and conditions for those website links and we disclaim all responsibility and liability for any loss or damage that may be suffered by you in connection with the linked websites. Links on this Website may take you to other sites and you acknowledge and agree that we have no responsibility for the accuracy or availability of any Website Material provided by linked websites.

9. Embedded Content
Embedded content (including embedded text, image, audio and video) on this Website that is identified with social media such as Facebook, Twitter, YouTube, Sina Weibo and Instagram are embedded from third party hosted sites. Embedded content is subject to the license terms of the location at which such content is hosted or the license terms imposed by the owner of such content. Embedded content may be used or linked to only in accordance with the terms of the relevant license. You are liable for any consequences of failure to comply with those license terms.

10. Intellectual Property Right
10.1 All intellectual property rights subsisting in respect of this Website, including all contents, product design (including any and all related supplementary material) belong to VG or have been lawfully licensed to us for use on this Website. All rights under applicable laws are hereby reserved;
10.2 When you may download or print material from this Website for your personal which is non-commercial use, it remains the property of VG, unless otherwise stipulated;
10.3 You agree that VG could freely use, disclose, adopt and modify all and any ideas, concepts, knowledge, proposals, suggestions, comments and other communications and information provided by you to us (“Feedback”) in connection with this Website without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

11. Limitation of Liability and Warranty
11.1 All Website Materials are for your general reference or use pursuant to any license separately granted by us only. VG do not accept any responsibility whatsoever in respect of such Website Materials;
11.2 Your access to and use of our website is at your sole risk and is provided “as is”, “as available”. This website is for your personal use only and we make no representation or warranty of any kind, express or implied, including, without limitation, any products advertised, bought or sold using this website or any warranties on merchantability or fitness for any particular purpose. Reference in this website to any third-party products, events or services do not constitute or imply our endorsement or recommendation of any kind;
11.3 Without limiting any exclusion specifically provided for in these Terms of Use, we shall in no event be liable for any costs, damages or liability for any unauthorized use of this Website or breach of security relating to this Website;
11.4 We do not guarantee or assume any responsibility that and you acknowledge that we make no representation or warranty, that:
11.4.1 the Materials on this Website is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference or as specified in any separate license granted by us;
11.4.2 the Materials on this Website is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
11.4.3 messages sent through the internet will be free from interception, corruption or loss;
11.4.4 defects in this Website will be corrected;
11.4.5 VG does not give any implied or non-expressed guarantee and does not guarantee the correctness, reliability, completeness or timeliness of any Material of this Website;
11.4.6 VG does not accept any liability for the contents of other websites or anything uploaded on this Website or linked to this Website, including but not limited to any fallacies, errors, omissions, infringements, libel, lies or any other material or omission that is likely to be illegal or gives rise to a claim or complaint;
11.4.7 You will be responsible for any consequences resulting from use of this Website or its website links;
11.4.8 These websites are likely to update at any time or periodically, so please check related materials regularly;
11.4.9 VG does not guarantee the following: this Website will be totally free of errors currently and in the future, this Website and its server will always be free of computer viruses or other harmful function, that any defects will be corrected or that this Website is no delay, safe and will not be discontinued;
11.4.10 If your use of these Website Materials results in the need to repair or renew equipment or data, VG accepts no liability for any resulting expenses;
11.4.11 For any damage or injury, regardless of direct or indirect breach of contract, infringement, negligence or any factor (including but not limited to, accidental damage, indirect damage, loss of profit, or damage resulting from the loss of data or business termination), arising from use or inability to use the materials of these websites, or implementation failure, error, omission, discontinuation, deletion, shortcoming, delay in operation or transmission, computer virus, communication cable malfunction, interception of online communication, soft or hardware problems (including but not only loss of data or compatibility problems), theft or resulting from damage or changes to the websites whether or not a result of the use of this Website or uploading or downloading of this Website’s data, text, images or other materials or data, and regardless of whether VG has been notified of the likelihood of such damage, TE and any third party mentioned on this Website shall not, within the legally allowed scope, bear any liability;
11.5 In no event shall we be liable (whether in tort or contract or otherwise) to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, errors or omission in this Website or the Information, even if we have been advised of the possibility of such damages;
11.6 You will exercise and rely solely on your own skill and judgment in your use of this Website and use and interpretation of the Information. You are responsible to ensure that your use of this Website and the Information complies with all applicable legal requirements;
11.7 The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

12. Prohibition of Access
12.1 While we shall use commercially reasonable efforts to provide users with access to this Website 24 hours per day, we cannot guarantee your access and you should acknowledge that we make no representation or warranty that this Website will be available. You are responsible for your own hardware, software and facilities and we cannot guarantee compatibility of this Website with your systems;
12.2 VG reserves the rights to temporarily suspend this Website to update or modify this Website;
12.3 VG reserves the rights to restrict your access to and use of this Website where we consider it reasonably necessary for the operation of this Website;
12.4 We shall not be responsible for any loss or damage you may be affected as a result of any such suspension, restriction or prohibition;
12.5 You agree that your unauthorized use of the contents of this Website may result in irredeemable losses to VG and in the event of your unauthorized use, VG has the right to apply for a restraining order in addition to any other remedies under common law or equity.

13. Indemnity
You agree to defend, indemnify and hold VG and its affiliates, related companies, associated companies, our employees, agents, officers, directors, contractors, suppliers and other representatives or other partners harmless from and against all liabilities, damages, claims, actions, costs and expenditure (including reasonable legal costs and expenditure), in connection with or arising from your breach of these Terms of Use and/or your use of this Website. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect our rights or obligations without our prior written approval. We reserve the right, at our own expenses and on notice to you, to assume exclusive defense and control of any claims or actions. You agree to indemnify VG against any of your unauthorized use of any Website Material from this Website, defend TE and prevent VG from any harm.

14. Privacy Policy and Personal Information Collection Statement
For information about our privacy policies and practices, please refer to our Privacy Policy and Personal Information Collection Statement.

15. Applicable Law and Jurisdiction
These Terms of Use shall be interpreted according to the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) and be governed by the exclusive jurisdiction of the Hong Kong Court. You agree to submit to the jurisdiction of Hong Kong courts for any disagreement, dispute or claim between VG and you.

16. General terms
16.1 The illegality, invalidity, partial invalidity or unenforceability of any provisions of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision;
16.2 No waiver of any breach under these Terms of Use will amount to a waiver of any other breach. The headings in these Terms of Use are for convenience only and do not affect interpretation.