MAGSCREEN

Terms and Conditions

Last Modified Date: 1 February 2020


This website (www.magscreen.com) is owned and operated by MAGSCREEN Limited, a Hong Kong limited liability company (“MAGSCREEN”, “we”, “us” or “our”).  


  1. Acceptance of Terms

These Terms and Conditions, including all policies referred to herein (these "Terms and Conditions"), apply to (a) your use of or access to this website and (b) your purchase of our products on this website.  Please review these Terms and Conditions carefully before accessing or using this website.  If you do not accept these Terms and Conditions, you should discontinue your use of this website.


By accessing or using this website, (i) you are agreeing to these Terms and Conditions, which may be updated, modified and amended by us from time to time without prior notice, and your continued use or access of this website shall be considered as your acceptance of the updated version of these Terms and Conditions; and (ii) you represent and warrant that (1) you are of legal age under the laws of the country/state where you reside and have full legal capacity to legally agree to these Terms and Conditions; and (2) you have read, fully understand and agree to be bound by the updated version of these Terms and Conditions; and (3) you will use the Website in accordance with applicable law.


  1. Intellectual Property

All content and materials, including, without limitation, text, graphics, logos, images, video and other software on this website (collectively, the "Website Content") are protected by copyright, trademark, patent, trade secret, database and other intellectual property rights, which is either owned by or licensed to us. We hereby grant you a limited, revocable, non-sublicensable licence to reproduce and display the Website Content (excluding any software code) solely for viewing and using this website. You may not copy, reproduce, make available online or transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any of the Website Content without written permission from us or the owner of the intellectual property rights.   All right, title and interest in all intellectual property rights in all of MAGSCREEN Limited's tradename, brands, logos, images, text, content and products and services as displayed on this website are solely owned by us and will remain or be vested in us at all times.  These Terms and Conditions and your use of this Website in any event would not constitute a transfer, assignment or grant to you any of our or the third party's intellectual property rights. 


  1. Third Party Links/Information

This website may contain links to third party sites that are not affiliated with us.  When you access a third party site, please understand that we do not control the content and are not responsible for their content, use, privacy policies, or practices.  By linking to a third party site, we do not represent or imply that we endorse such third party site. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content.  We suggest that you carefully review the privacy policies of each site you visit.  These other sites may send their own cookies to users, collect information, or solicit personal information.  We disclaim any and all responsibility for any harm resulting from your use of the third party sites.  


You understand that (a) this website may contain adverting and sponsorship material of third party; (b) when using this website, you will be exposed to content from internet sites or sources outside this website; (c) we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content and materials; (d) you further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us with respect to the aforesaid


  1. Service And Products 

Although we aim to offer you the best service possible, we make no promise that the services on this website will meet your requirements and that the services will be fault-free. If a fault occurs with this website, you should report it and we will attempt to correct the fault as soon as it reasonably can. Your access to this website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.


We would make reasonable efforts to display the attributes and features of our products accurately, but we cannot guarantee that your device will accurately display the colour of our products.   All information, including, without limitation, description, images and prices, of the products on this website, are subject to change at any time without notice.  


We reserve the right to limit the available quantity of or discontinue any product or service, or to bar any visitor from using this website or making any order on this website.  We shall not be liable to you or to any third-party for any change of the information, price change, suspension or discontinuance of the sale of any products.


We make no promise that the content and material on this website is appropriate or available for use in locations outside Hong Kong.  Access to this website from locations where its contents are by law illegal or unlawful is prohibited. If you choose to access the website from locations outside Hong Kong, you do so on your own initiative and you will be entirely responsible for compliance with local laws.


  1. Privacy Policy

We collect and process the personal data of the visitors of this website in accordance with legal requirements and our Privacy Policy. The Privacy Policy shall form part of these Terms and Conditions.


  1. Your Account 

Registering an Account On This Website.  To register an account ("Account") on this website, you must (a) be of legal age under the laws of the country/state where you reside; (b) ensure that the details provided by you on registration or at any time are correct and complete; and (c) inform us immediately of any changes to the information that you provided on registration by updating your personal details in order that we can communicate with you effectively. We reserve the right to refuse registration of any account name that violates a trademark or may mislead other users. In addition, by registering an account with us on this website, you agree that we can use any of the address and/or contact method you provide to us (including information submitted when you place an order) for promotional purpose related to MAGSCREEN.


Password and Security.  When you register for an Account, you will be asked to create a password. You must keep your password confidential, and must not disclose the password or share the password with anyone. If you know or suspect that someone else knows your password you should contact us. If we have any reason to believe that there is likely to be a breach of security or misuse of this website, we may require you to change your password or we may suspend your Account.


Your Account. You are solely and fully responsible for maintaining the security of your Account, and all actions that occur under the Account and any other activities taken in connection with the Account such as sharing any images on this website. You must not describe or assign keywords in your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others or mislead your readers into thinking that you are another person or company.  We may remove or terminate your Account immediately without prior notice: (a) if any description or keyword that we consider inappropriate or unlawful, or otherwise likely to cause us liability, harm or damages; or (b) if there has been no activity in your Account for a period of one year; or (c) your activities on this Website violate these Terms and Conditions.  You shall not use another's Account without permission.  We must be immediately informed if there is any unauthorized use of your Account or any other breaches of security.   We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Although we will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of ours of others due to such unauthorized use.


  1. Your Content

By submitting any content and information, including, without limitation, any ideas, concepts, know-how, artworks, designs, photographs or likenesses, graphics, video, audio, data, information, comments or any other forms of contributions or postings (collectively, "Your Content") to this website, (a) you agree to grant to us a perpetual, worldwide, irrevocable, royalty-free, non-exclusive and sub-licensable right and license to modify, edit, create derivative work of, disseminate, publish, display, distribute and otherwise use Your Content in any manner and for any purpose, subject to the Privacy Policy; (b) you represent and warrant that (i) you own all right, title and interest in Your Content, or you have obtained all rights clearance and all necessary permissions and approval to submit Your Content to this website and grant us the license set forth in (a) above; (ii) our use and exercise of the rights in Your Content as granted to us under these Terms and Conditions would not violate any applicable law or regulation, or infringe intellectual property rights and any other rights (including, without limitation, copyright, trademark, patent, trade secret, moral right, publicity, privacy and contract rights) of any person or third party; (iii) Your Content do not contain (1) any material which is, or suspect to be, unlawful, threatening, defamatory, libelous, obscene, containing the naked body or intimate parts of a real person or could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law or regulation; (2)  any bugs, viruses, worms, malware, trojan horses or other harmful or destructive content; (3) any content which is a spam, is machine- or randomly-generated; (4) unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and (5) any pornographic material, profanity language, threats or material which incites aggression towards individuals or entities and/or spreading violence/hatred; and (c) you further agree to indemnify us and keep us indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by us arising from Your Content.  We reserve the right to remove any of Your Content which we consider inappropriate or unacceptable, and we do not guarantee that Your Content will not be lost or damaged or that you will be able to retrieve Your Content.


  1. Terms of Sale

Offer to Purchase.  All products available on this website is only an invitation to treat, and shall not constitute an offer or unilateral contract. Your order is an offer to purchase from us the product(s) listed in your order under these Terms and Conditions.


Ordering.  You can order as a registered user by registering an Account on this website or as a guest. You may need to set your browser to accept both cookies and pop-ups in order to be able to use all the functionalities of this website (e.g, to add products to your shopping cart and submitting your order).  The orders placed on this website are subjecting to being charged with import fees, taxes, custom duties, related package handling fees and/or any other relevant charges required by the corresponding designated country and/or the organization(s) that handle(s) the shipment / delivery of the orders. None of these charges are included in the price that you pay on this website. Items cannot be sent as gifts, and your purchase may or may not have these charges, depending on the policies of the designated country and/or the organization(s) that handle(s) the package. If any of the said charges apply, you may need to pay for them to the respective collection authority in advance of receiving your purchase. You should check with any related authority of your country (or the designated country of the order) for any charges required to receive the goods you order from us. We are not responsible for any of these charges, and would not refund on item(s) returned to us due to unaccepted / undelivered and/or any other reasons unless otherwise agreed with us in advance.  In the event a product is listed on this website at an incorrect price or with incorrect information, orders for such products will be revised to reflect the correct price or information.  This website only sells products to adults who have payment ability. If you are under 18 years, please use this website with participation of your parent or guardian.    


Returns And Exchange

The Return and Exchange policy on this website shall form part of these Terms and Conditions.


Promotional/Discount Code.  All applicable promotional/discount codes shall be subject to any additional terms and conditions as notified by us.  Only one promotional code will be accepted per order. We reserve the rights (a) not to accept or to impose conditions on the honoring of, promotional code or other similar promotions; or (b) to cancel an order in the event that an unauthorized promotional code has been used.  All promotional discounts are non-transferable and there is no cash alternative. 


Not For Resale.  

This website is intended solely to sell products direct to end consumers, and purchase of products on this website for resale is strictly prohibited.  We reserves the right to take any action against you, including, without limitation, to restrict your assess to or use of this website, cancel your orders and/or suspend or close your account, if we believe you are involved in purchase for resale.


Right To Reject Orders

We reserve the right to reject or cancel any orders placed on this website, without being liable for any damages or costs other than refund of any amount received from you in relation to the relevant order, for any reasons, including, without limitation, (a) the product is not available or out of stock; (b) we could not deliver to the address you provided to us; (c) your billing information is inaccurate or is not verifiable; (d) we believe you are under the age of 18 years old, or you are a reseller; (e) we suspect that your order is an unusual order or an order susceptible to or suspected of fraud; (f) there was pricing or other errors in the website information; or (g) any other reason beyond our reasonable control.


  1. Shipping/Delivery Of Your Order

The delivery type "Standard Shipping" is done via international registered articles while the type "Express Shipping" is sent via various courier services such as but not limited to FedEx, DHL Express.


The way the package is presented to the recipient will depend on the postal service provided in the designated country. Most of the time packages are delivered by postman to the address and require the recipient to sign to receive the package. However, this may not be applicable to some countries or particular areas in the country and recipients may sometimes be required to pick up the package from the postal service's office. Please contact the national postal service of your country to check the way packages are delivered.


Since shipping is often affected by the processing time of the Customs and delivery standard in the destination country, the estimated delivery date indicated on this website is strictly for reference only and shall not be regarded as a commitment. We do not guarantee orders to be delivered by a particular time, and shall not be liable for any direct/indirect loss caused by delivery issues. If there is a necessity to check the status of the article in the destination country with local postal service, you will need to carry out the enquiry on your own and we will not be responsible for any fees (such as communications) incurred.


Orders may or may not entitle free shipping. For the free shipping offer that we provide, the type of delivery to be adopted will be "Standard Shipping" unless otherwise specified. Free shipping, if offered, will be applicable only to the first shipment of the order. If the first shipment is not received and a re-shipment is required, re-shipment fee will be required in such cases. Reasons for shipment being unable to receive may include but not limited to, wrong recipient information and/or address provided during checkout (which will appear in the order confirmation email), recipient unable to pick up the package from local postal service. Exemptions of re-shipment fee may be granted for situations such as article being lost by the postal service, or the product is found to be defective when received. All shipping fees paid are non-refundable.


Other delivery and shipping policies on this website shall form part of these Terms and Conditions.


  1. Restrictions on Use

While you are visiting this website, or accessing or using any service or features on this website, you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information.   In addition to other restrictions set forth herein, you are prohibited from using this website and any content on this website: (a) for any unlawful purpose; (b) to disseminate any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws, or to solicit others to perform or participate in any unlawful acts; (c) to transmit material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practices; (d) to infringe or violate any of our or third party’s intellectual property rights; (e) to track or collect the personal information of others; (f) to submit false or misleading information; (g) to interfere with any other person’s use or enjoyment of this website; (h) to upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of this website; and (i) to interfere with or circumvent the security features of this website.  You hereby agree to indemnify us and keep us indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by us arising from your breach of this provision.  We reserve the right to terminate your use of this website which we consider violating this provision and any other terms of these Terms and Conditions, or inappropriate or unacceptable.


  1. Visitors' Content 

We have not evaluated, and cannot evaluate, all of the contents posted by any visitors (i.e. persons assessing this website) to this website ("Visitors' Contents").  By accessing this website or using any Visitors’ Content on this website, you agree and acknowledge that (a)  we shall have no responsibility or liability in connection with the Visitors’ Contents, your use or reliance of any of such content, or their use or effects; (b) we do not stand for or imply that we supports the Visitors' Contents, or that we believe such Visitors' Contents to be accurate, useful or without harm; (c) this website may contain Visitors' Contents that (i) are offensive, indecent, or otherwise objectionable, as well as containing technical inaccuracies, typographical mistakes, and other errors;  or (ii) violate the privacy or publicity rights, or breach the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which are subject to additional terms and conditions, express or implied; and (d) you are solely responsible for taking precautions as necessary to defend yourself and your computer systems from bugs, viruses, worms, trojan horses, and other harmful or destructive content.  We disclaim any and all responsibility for any harm resulting from the use by visitors of this website, the submission, posting and display of Visitors' Content on this website or from any downloading by those visitors of any Visitors’ Content on this website.


  1. Copyright Infringement

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to or from this website violates your copyright, you are encouraged to notify us. We will use our reasonable endeavours to respond to all such notices, and if required or appropriate, remove the infringing material or disable all links to the infringing material. We may, but has no obligation, to end a visitor’s permission to visit and use this website if, under appropriate conditions, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of  MAGSCREEN or others.


If you believe that your intellectual property rights have been infringed by a user of our service, please provide us with a notification that contains the following information:


  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  1. Indemnification

You agree to indemnify and hold harmless, to the fullest extent permitted under the applicable law, MAGSCREEN, our affiliates, suppliers and service provides, contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents, and our/their respective directors, officers, members, employees and agents from and against any and all claims, demands, disputes, actions, proceedings, causes of action, judgments, damagers, losses, liabilities, costs or expenses (including without limitation, attorneys’ fees and expenses, and all costs and expenses incurred in the recovery of the aforesaid amounts), arising out of (a) your use of this website; (b) Your Content; (c) your breach of these Terms and Conditions; (d) your violation of any applicable laws and regulation, or infringement of third party rights.


  1. Disclaimers Of Warranties

This website and any products or services made available through this website are provided “as is” without any warranties of any kind, whether express, implied or statutory.  You agree that you must evaluate, and you bear all risks associated with, the use of this website, including, without limitation, any reliance on the accuracy, completeness or usefulness of any materials available through this website.  We, our affiliates, suppliers and service provides disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of any intellectual property rights, other proprietary rights or statutory requirements, to the fullest extent permissible under applicable law. Neither we nor our affiliates, suppliers and service provides make any warranty that this website will be error free or that access thereto will be continuous or uninterrupted.


  1. Limitation Of Liability

To the fullest extent permissible under applicable law, in no event shall MAGSCREEN, our affiliates, suppliers and service provides, contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents be liable for (a) any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, including, without limitation, damages for loss of profits, use, data, loss of other intangibles or loss of security of information you have provided in connection with your use of this website; and (b) damages of any kind resulting from your use of or inability to use this website or from any content posted on this website  by us or any third party unless such damage is the direct result of our wilful misconduct of.  Your sole and exclusive remedy for dissatisfaction with this website, or services or products on this website, is to cease the use of this website.  The maximum liability of MAGSCREEN, , our affiliates, suppliers and service provides, contractors, licensors and licensees, for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall not exceed the fees paid to us by you during the twelve (12) month period prior to the accrual of the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control.


  1. Termination

We reserve the right to at any time, with or without any reason and without any liability to you and any third party, (a) suspend or terminate your Account or your use of this website; (b) suspend, modify, alter, change, cease or discontinue all or any part of this website, any product or service available on this website.  All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


  1. Changes

We reserve the right, at our sole discretion, to modify, change, amend or update these Terms and Conditions at any time.  By continuing to access or use this website after those changes become effective, you agree to be bound by the updated version of these Terms and Conditions. If you do not agree to the new terms, please stop accessing and using this website.


  1. Governing Law And Jurisdiction

These Terms and Conditions (including all policies referred to herein), and any access to or use of this website, shall be governed by the laws of Hong Kong.  The parties agree to submit to the exclusive jurisdiction of the Hong Kong courts.


  1. Miscellaneous

Force Majeure.  We shall not be responsible for or liable for any failure to fulfil any obligations under these Terms and Conditions due to any Force Majeure event.  “Force Majeure” means any event or cause not within our control and not caused by our wrongful act, neglect or default, including but not limited to act of God, endemic/pandemic, flood, earthquake, storm, fire, war, riot, rebellion, civil commotion, any act, order, direction or regulation of any government or any public, local or regulatory authority.


No partnership. These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and MAGSCREEN.


Severability.  If any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable, such provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provision.


Assignment.  Unless with our prior written consent, you shall not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions.


Third Party Rights.  No any other person shall have any right under the Contracts (Rights of Third Parties) Ordinance (Cap 623, Laws of Hong Kong) to enforce or enjoy the benefit of any of these Terms and Conditions.


Entire Agreement.  These Terms and Conditions, together with all policies referred to herein, constitute the entire agreement between MAGSCREEN and you relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between MAGSCREEN and you relating to the subject matter herein.