Terms and Conditions
1.1 Please read these Terms & Conditions carefully as they apply to your assessing or use of this website, mobile application or other Estival Life Company Limited (hereafter "Estival Life") product and/or service (hereafter the "Platform' or “Website”) on any computer, mobile phone, tablet, console or other device (collectively hereafter, "Device"). By usingthis Platform, you agree to be bound by the Terms and Conditions and other applicable
law, whether or not you are a registered member of Estival Life .
1.2 We technically operate the Platform. However, we exercise no editorial control over some of the Content on the Platform and in some cases other persons provide the Content on the Platform or operate parts of the Platform or other Internet sites/platforms you may view or access through the Platform (Third Party Providers).
1.3 We may revise these Terms & Conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
2.1 You may be required to register with us in order to become a member of the Estival Life Platform, or post User General Content, or access certain parts of the Platform (Sub-Portals). Where you are required to register:
2.1.1 you must provide us with accurate, complete and updated registration information;
2.1.2 you must safeguard any user name and password which we provide to you;
2.1.3 you authorize us to assume that any person using the Platform with your user name and password is either you or is authorized to act for you;
2.2 You acknowledge that your use of some Sub-Portals may be governed by additional Terms & Conditions. Where this is the case, you will be notified accordingly, and those additional Terms and Conditions:
2.2.1 will apply to your use of such Sub-Portals in addition to these Terms & Conditions;
2.2.2 will prevail over these Terms & Conditions to the extent of any inconsistency.
3.1 You acknowledge that we may, in our sole discretion and with or without notice,
3.1.1 vary the Platform or any part of the Platform (including any Sub-Portals for which you are required to register);
3.1.2 modify or discontinue this Platform, any part of the Platform and the services available on it.
4. Platform Content
4.1 All intellectual property on the Platform is owned by Estival Life or its subsidiaries, affiliates or licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g. the Estival Life name and logo) are owned, registered and/or licensed by Estival Life. All content on the Platform including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (hereafter "Content") is a collective work under the copyright laws of Hong Kong and other countries and is the
proprietary property of Estival Life; all rights reserved. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Estival Life trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Platform, without Estival Life’s prior written consent. The use of Estival Life trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Platform in any external Internet site or the creation of links, hypertext or hyperlinks between the Platform and any other Internet site, is prohibited without the express written consent of Estival Life.
4.4 Purchase for resale or any other commercial purposes is not permitted. The Platform is intended solely for Estival Life to sell the product(s) directly to end consumers. Purchase for resale means the purchase of Estival Life product(s) by someone who resells, or intends to resell, the Estival Life product(s) to others (consumer, organization or any third party). If Estival Life believes you are involved in purchase for resale, Estival Life reserves the right to take any action against you, including, without limitation and prior notice, to restrict sales to you, cancel your orders, and/or suspend or close your Platform account.
5. Third-Party Providers
5.1 You acknowledge that:
5.1.1 parts of the Platform, and parts of the Content, are provided or maintained by Third-Party Providers and not by us.
5.1.2 Your correspondence or dealings with any Third-Party Provider are solely between you and that Third-Party Provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings.
6. Links and Advertisements
6.1 We have not reviewed all of the Platforms linked to this Platform and are not responsible for the content or accuracy of any off-Platform pages or any other Platforms linked to this Platform (including, but without limitation, platforms linked through advertisements or through
any search engines).
6.2 Some links which appear on the Platforms are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked platform, and you use the links at your own risk.
6.3 Your correspondence or dealings with, or participation in promotions of, advertisers on the Platform are solely between you and such advertisers.
6.4 We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Platform.
7. Personal Data and Cookies
7.2 We use third-party advertising companies to serve ads on our Website and other websites. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.
7.3 During your use of the Platform, we may issue to and request from your computer blocks of data known as "cookies". You must not alter any cookies sent to your computer from the Platform and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Platform.
8. The Use of the Platform Is at Your Risk
8.1 You use the Platform at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. All information provided on or via the Platform is for information purposes only. You should seek your own independent advice with respect to any Content.
8.2 We endeavor to provide a convenient and functional Platform, but we do not guarantee that the Content will be error free or that the Platform or the server that operates it is free of viruses or other harmful components.
8.3 Although we will use reasonable endeavors to maintain the Content, we do not undertake to provide support or maintenance services for the Content.
8.4 If your use of the Platform results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
8.5 Without limiting the above provisions, everything on the Platform is provided to you "as is"; "and" ; "as available"; without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
8.6 If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph 8.5 but allows limitations of a certain maximum extent then we limit our warranties to that extent.
9. Limitation of Liability
9.1 We will accept no liability whatsoever for any direct, incidental, consequential or indirect damages, loss or corruption of data, profits, goodwill, bargain, opportunity, anticipated savings or any other loss resulting from your access to, reliance on, use of, or inability to use the Platform and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
9.2 if a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (9.1) but allows a limitation of a certain maximum extent then our liability is limited to that extent.
10.1 Where you are required to register with us, you may cancel such registration at any time by notifying us in writing to Estival Life Company Limited through E-mail: firstname.lastname@example.org.
10.3 The provisions of these Terms and Conditions entitled; Use of the Platform is at Your Risk, Limitation of Liability,and General Provisions; will survive cancellation of your registration or termination of these Term of Use.
11. General Provisions
Life products) shall be resolved individually, without resort to any form of class action, and exclusively in the court having jurisdiction over the dispute in Hong Kong in accordance with the laws of Hong Kong SAR. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts having jurisdiction over the dispute in Hong Kong. By using the Platform, you agree to receive certain electronic communications from Estival Life. You agree that any notice, agreement, disclosure or other communication that Estival Life sends you electronically will
time without notice to you.
11.4 The English version of these Terms & Conditions shall prevail over any Chinese version, which is provided for information purposes only.