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TERMS & CONDITIONS

These terms and conditions apply to all users of the BUYA COMPANY LTD. website (www.buy.com.hk) (the "Website"). Your use of the Website and services offered by BUYA, including this Website and any other features, content, services, or applications offered from time to time by BUYA in connection with the Website (collective, the “Services”) is governed by these terms and conditions of use ("Terms & Conditions"). Please read these Terms & Conditions carefully before using the Website. By using the Website or any part of it, you agree that you have read these Terms & Conditions and that you accept and agree to be bound by them.

1. General

1.1 In these Terms and Conditions the following definitions shall apply:

a. "Intellectual Property Rights" means any and all intellectual and industrial property rights now in force or that come into force in the future in any part of the world whether or not registered or registerable and includes all applications and rights to apply for registration (and renewals and extensions of any registration) of such rights as well as all rights of action and remedies in relation to past infringements including rights in or in connection with:

(a) confidential information, business or trade secrets, know-how;

(b) inventions, patents (including supplementary protection certificates);

(c) copyright (including the rights to secure copyright renewals and extensions of copyright, copyright not yet in existence but that comes into existence in the future and all other rights of a like nature by law in force in any part of the world);

(d) trade marks, service marks, business or trade names;

(e) design rights, topography rights;

(f) database rights,

together with all other rights of a similar or corresponding character or nature.

b. "Legal Notice and Disclaimer" means the legal notice and disclaimer applicable to the Website as extracted below.

c. "Privacy Policy" means the policy regarding personal data collected in connection with this Website and the privacy of customers and visitors to this Website located at https://buya.com.hk/pages/privacy-policy

1.2 The Legal Notice and Disclaimer and the Privacy Policy are incorporated into these Terms & Conditions and these documents, along with these Terms & Conditions, shall prevail over any other document purporting to have a contractual effect.

1.3 You agree to provide complete and updated information for registration on this Website.

1.4 You agree not to use the Website for any purpose or in any matter that is unlawful or infringes any third party Intellectual Property Rights.

2. Variation of Terms of Use

2.1 We reserve the right to amend these Terms & Conditions from time to time at our sole discretion. Customers and visitors are reminded to review the Terms & Conditions regularly to ensure that they are familiar with the most recent version. By accessing and using this Website you agree to be bound by the most recent version of these Terms & Conditions.

3. Prevailing Language

3.1 In the event of any discrepancy between the English and Chinese versions of the Terms & Conditions, the English version shall prevail.

4. Applicable Law

4.1 These Terms & Conditions shall be governed by the laws of the Hong Kong Special Administrative Region and you and Buya Company Ltd. agree to submit to the exclusive jurisdiction of the Hong Kong courts for determining any disputes arising for or in relation to these Terms & Conditions.

5. Personal Information & Privacy

5.1 We respect the privacy rights of visitors to the Website. Except where specifically stated, all personal information collected by us shall be handled strictly in accordance with the Privacy Policy located at: https://buya.com.hk/pages/privacy-policy

5.2 At times, you may be required to provide us with personal information. Refusal to provide such information may mean that you are unable to access certain parts of this Website, or may render us unable to handle any applications or requests you may make and/or provide you with any products or services. If you are under the age of 18, consent from your parent or guardian is required before you provide us with any personal information.

LEGAL NOTICE & DISCLAIMER

A. Intellectual Property Rights

A.1 This Website and any information available on it including, but not limited to, text, graphics, icons, images, software, source code and trademarks, are protected by copyright, design, trade mark and other Intellectual Property Rights owned or controlled by us and/or our licensors. You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of this Website for any purpose without our prior written permission except that you may download materials displayed on the site for non-commercial, home personal use only as long as you keep all copyright, trade mark and other proprietary notices intact.

A.2 All right, title and interest in the Intellectual Property Rights in this Website shall at all times remain the property of us and/or our licensors. Customers and visitors are not authorized to use the same unless you have obtained express written permission from us and/or our licensors, as the case may be.

B. Warranties

B.1 The information provided on this Website is for reference only. To the extent permitted by law, we disclaim all implied and/or express warranties and make no representation as to the accuracy, suitability, applicability or completeness of any information on this Website. We assume no liability for any loss or damage arising from the use or reliance of the information on this Website or for anything posted on or linked to the Website, including without limitation any mistake, error, omission, infringement, defamation, falsehood or other material or omission that might offend or otherwise give rise to any claim or complaint.

B.2 We disclaim any endorsement or recommendation of any person, organisation, name, product or service referred to in the Website. We further disclaim all liability in relation to information or materials posted by advertisers or sponsors on this Website.

B.3 We make no warranties or representations in respect of your ability to access the Website, and do not warrant that the functions of the Website shall be uninterrupted or error or defect free.

B.4 None of our agents or representatives are authorised to make any warranties, representations or statements regarding any information on this Website and we shall not in any way be bound by any such unauthorised warranties, representations or statements.

C. Limitation of Liability

C.1 By accessing and using this site you acknowledge and accept that the use of the Website is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of any use of, access to, or inability to use or access the Website. Without limiting the foregoing:

THIS WEBSITE AND ALL INFORMATION AND MATERIALS CONTAINED ON IT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE , PRIVACY OR NON-INFRINGEMENT.

WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE WEBSITE.

WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE WEBSITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE WEBSITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE WEBSITE.

D. Changes

D.1 We reserve the right, but undertake no duty, to review edit or otherwise change this Website and any information contained on this Website at our sole discretion and without notice.

E. Products or Services

E.1 Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

E.2 We have made every effort to display as accurately as possible the colors and images of our products that appear at the site. We cannot guarantee that your computer monitor's display of any color will be accurate.

E.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

E.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

E.5 Some aspects of the Website may require you to pay a fee or other charge, the details of which are available in various areas of the Website that feature the ability to purchase products, features or Services. You agree to pay all fees, charges and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, Services or features offered through the Website at any time. Unless otherwise noted, all currency references are in Hong Kong Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or Services provided by, us, your account may be closed without warning or notice at our sole discretion.

EXCEPT AS OTHERWISE SET FORTH IN OUR RETURN POLICY APPLICABLE TO OUR PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT REGISTRATION, INCLUDING ANY UNAUTHORIZED CHARGES.

E.6 We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Website.

F. Accuracy of Billing and Account Information

F.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

F.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

G. Optional Tools

G.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

G.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

G.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

G.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.

H. Third-Party Links

H.1 Certain content, products and services available via the Website may include materials from third-parties.

H.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. These third parties and their websites are not under our control and we are not responsible for their content or operation. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

I. Territory

I.1 We administer, control and operate the Website from our office in Hong Kong SAR, China. The Website is accessible worldwide; however, some of its features or functions may not be available or appropriate for use outside of Hong Kong and/or may not be available to all persons or in all geographic locations. We make no representation that the Website and Website Content are appropriate or authorized for use in all countries, or any other jurisdictions. Your access and use of the Website may not be legal in your jurisdiction. If you choose to access, browse or use the Website, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Website to any person and geographic area. Any offer for any feature or function made on the Website is void where prohibited.

I.2 The Website provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Website.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE IS TO TERMINATE YOUR REGISTRATION AND DISCONTINUE ALL USE OF THE WEBSITE.

J. Errors, Inaccuracies and Omissions

J.1 Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

J.2 We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on the Website has been modified or updated.

J.3 We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Website, and/or your account, password or use of any Service.

K. Prohibited Conduct

K.1 You warrant and agree that, while accessing or using our Website, you will not:

• Misrepresent your age;

• Use an inappropriate username or screen name;

• Impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Website or otherwise affiliated with us;

• Insert your own or a third party’s advertising, branding or other promotional content, including junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes, into any Website Content;

• Solicit passwords or personal information for commercial or unlawful purposes from other users;

• Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any Services available on or through the Website through any means, including through means not intentionally made publicly available or provided through the Website;

• Engage in any automatic or unauthorized means of accessing, logging-in or registering on the Website, or obtaining lists of users or other information from or through the Website, including, without limitation, any information residing on any server or database connected to the Website;

• Use the Website or its features and Services in any manner that could interrupt, damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website, including, without limitation, sending mass unsolicited messages or “flooding” servers;

• Use the Website or its Services in violation of our intellectual property or other proprietary or legal rights or rights of any third party;

• Use the Website or its Services in violation of any applicable law;

• Attempt to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Website or its Services;

• Post, transmit, publish or otherwise disseminate through the Website any of Your Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property rights or other rights; (ii) is derogatory or harmful to the reputation of Buya Company Ltd. or any of her respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner; and/or

• Encourage or enable any other individual to do any of the foregoing.

L. Prohibited Uses

L.1 In addition to other prohibitions as set forth above, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, or national regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or Services, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or Services, other websites, or the Internet. We reserve the right to terminate your use of the Website or Services for violating any of the prohibited uses.

M. General

M.1 If any provision of these Terms & Conditions is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of the Terms & Conditions which shall continue in full force and effect.

M.2 If we do not act in relation to a breach of these Terms & Conditions by you, this does not waive our right to take action in respect of a similar breach of the Terms & Conditions by you in the future.

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TERMS & CONDITIONS