AsianBeautyWholesale.com's Terms Of Use

Last updated: Apr 3, 2023

TERMS OF USE

Welcome to AsianBeautyWholesale.com, a website owned and operated by AsianBeautyWholesale (Hong Kong) Limited. These terms of use (the “Terms of Use”) govern your use of the AsianBeautyWholesale.com website and all subdomains thereof. By using, visiting or shopping at the AsianBeautyWholesale.com website and all subdomains thereof, you agree to be bound by these Terms of Use, as well as the other policies posted on the AsianBeautyWholesale.com website from time to time.

In these Terms of Use, (1) AsianBeautyWholesale (Hong Kong) Limited is referred to as "ABW", (2) the AsianBeautyWholesale.com website and all subdomains thereof are referred to as the "Site"; (3) users who use, browse or access the Site, or attempt to apply for or register for an account on the Site are referred to as "Users"; and (4) any company, partnership or sole proprietorship which purchases the products via the Site in the course of business is referred to as "Customer". Users shall include persons acting or purporting to act on behalf of Customers. Users and Customers are collectively referred to as "You", "your" or "yours" and the grammatically derivatives thereof shall be construed accordingly.

ABW is located in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). By displaying products on the Site, ABW is making an offer to sell such products only to those who are legally capable of accepting and do accept such offer in Hong Kong on the terms and conditions set out herein. If you place an order for products shown on the Site, your order will be deemed an acceptance in Hong Kong of such offer pursuant to these Terms of Use.

The information provided on this site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation thereof or of any place or which may subject ABW and its affiliates to any regulatory requirement within such jurisdiction or country.

USE OF THE SITE

License and Site Access

ABW grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site in accordance with and subject to the Terms of Use and not to download (other than page caching) or modify the Site or any portion of the Site, except with the express written consent of ABW. ABW also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of the Site in accordance with and subject to the Terms of Use so long as the link does not portray ABW, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.

Prohibited Uses of the Site

The licenses set forth in these Terms of Use do not include any rights to, among other things:

• Interfere or attempt to interfere with the proper operation of the Site ;
• Bypass any measures used to prevent or restrict access to any portion of the Site ;
• Use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by ABW or its affiliates through the Site;
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;
• Compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;
• Reproduce, record, retransmit, sell, rent, distribute, publish, post or perform any of the content of the Site;
• Modify, download (other than page caching), reproduce, copy or resell the Site, the content or any portion or derivative thereof;
• Copy or download any account information of any user of the Site for the benefit of any other person or entity;
• Frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of ABW;
• Use ABW’s name, trademarks, service marks or logos in any meta tags or any other “hidden text”;
• Use ABW’s logo or other proprietary graphic or trademark as part of a link without express written permission; or
• Use the Site in a way other than that expressly authorized in the section “License and Site Access” above.

Each of the foregoing is expressly prohibited without ABW's prior express written consent. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ABW or any of its affiliates. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use the Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of the Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of the Site or an employee of us; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to the Site or any component of the Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

Any unauthorized use of the Site or any portion or derivative thereof by, on behalf of or through you shall terminate any license or permission granted to you by ABW, and if any of your action causes losses to ABW, ABW expressly reserves the right to claim damages and/or apply for other legal remedies.

Termination of Access

You agree that ABW may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site (including access through Facebook Connect as described below) and your Site account without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. YOU AGREE THAT NONE OF ABW, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES (EACH A “ABW PARTY”) WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.

INTELLECTUAL PROPERTY RIGHTS;USER CONTENT

Copyright

All content included on the Site, including, without limitation, text, articles, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software, and other material on the Site ("Content") is the property of ABW or its licensors, product suppliers or content suppliers (including users who supply Content) and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all Content on the Site are the exclusive property of ABW and are protected by applicable copyright laws. All software used on the Site is the property of ABW or its software suppliers and is protected by applicable copyright laws.

Trademarks

ASIANBEAUTYWHOLESALE.COM, YESSTYLE, YESSTYLE.COM, YESASIA, YESASIA.COM, YESSTYLIST, YESSTYLIST.COM and PEOPLESTYLE are trademarks, registered trademarks or service marks of ABW or its affiliates or licensors. All rights are reserved. These and other trademarks, service marks, graphics, logos and trade dress of ABW and its affiliates, suppliers and licensors used on the Site are our property or that of their respective owners and may not be used without the prior written consent of ABW or its applicable affiliate, supplier or licensor, as the case may be. Without limiting the foregoing, no ABW trademark, service mark or trade dress may be used in connection with any product or service that is not ABW s, in any manner that is likely to cause confusion among users or customers or in any manner that disparages or discredits ABW. All trademarks, product names and company names or logos used in the Site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.

No Responsibility for Third-Party Content; Copyright Claims

Content on the Site may be provided by third parties, either as a result of submission by users or other persons or because of selection by ABW. Any opinions, advice, statements, descriptions, services, offers, information or other Content expressed or made available by third parties on or through the Site ("Third-Party Content") are solely those of the respective authors or distributors and not of ABW or its affiliates. None of the ABW Parties guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content. The ABW Parties make no endorsement or representations as to the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content, unless made by an authorized ABW representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will any ABW Party be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content or any other harm arising from any Third-Party Content.

No ABW Party will assume any liability for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any Third-Party Content. However, if you believe that the Site contains Content that infringes copyright rights held by you, please contact ABW at the e-mail address or physical mail address below with the following information and signature:

1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site;
3. Your address (including country), telephone number and e-mail address;
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
   Your notice should be sent to privacy@asianbeautywholesale.com or, if by physical mail, to:
   
   Copyright Notices
   AsianBeautyWholsale (Hong Kong) Limited.
   5/F, KC100,
   100 Kwai Cheong Road,
   Kwai Chung, New Territories,
   Hong Kong.

Submission of Reviews and Other User Content

Where allowed on the Site, users or other persons may submit reviews, articles, comments, contest entries and other Content to the Site or users may offer or disclose Content, ideas or other materials to ABW in connection with the Site (each such submission, offer or disclosure being a "Submission") . If you choose to submit such Content, you agree not to use a false e-mail address, impersonate any person or entity or otherwise mislead any ABW Party or any Site user as to the origin of any such Content. You agree, represent and warrant that any Submissions submitted by you will be accurate and will not violate these Terms of Use, any applicable law or regulation or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) and will not cause injury to any person or entity.   You agree, represent and warrant that you have the authority to make all Submissions submitted by you and to grant the rights and licenses described herein with respect to all such Submissions. You further agree, represent and warrant that no Submission submitted by you will be or contain libelous, unlawful, false, misleading, threatening, harassing, defamatory, discriminatory, racist, violent, sexually explicit, pornographic, indecent, offensive, abusive or obscene material or contain software viruses, political campaigning, commercial, survey, research or other solicitations, bulk communications, chain letters, advertising, commercial offers, mass mailings or any form of “spam”. 

ABW has the right but not the obligation to monitor, edit, move or remove any activity, Content or Submission on the Site. However, ABW does not regularly review Submissions, and is entitled to presume that all Submissions comply with these Terms of Use.

ABW does not acquire title or other ownership rights in or to any Submission made by you. However, you agree that by posting, uploading, inputting, providing or otherwise submitting, offering or disclosing a Submission you are: (1) unconditionally granting ABW, its affiliates and sublicensees permission, without compensation to you or any third party, to use your Submission in connection with the operation of their businesses (including, without limitation, the Site), including, without limitation, the transferable, non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sub-licensable right and license to use, copy, excerpt, distribute, disclose, transmit, display (publicly or otherwise), perform (publicly or otherwise), publish, reproduce, edit, create derivative works from, translate, reformat, host, index, cache, tag, encode, modify and adapt your Submission in any manner, for any purpose, without restriction and in any form or media now known or hereinafter developed and to use and publish in connection with your Submission your name, image, and other personal information, to the extent submitted by you in connection with your Submission; and (2) unconditionally granting to each user of the Site a non-exclusive license to access your Submission through the Site and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such Submission as permitted through the functionality of the Site and under these Terms of Use. To the extent any right you may have in or relating to any Submission cannot be licensed to ABW or its affiliates under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, trademark rights, trade secret rights, patent rights, copyright rights and "moral rights" or other rights with respect to attribution of authorship or integrity of materials. ABW is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to treat any Submission or the ideas therein as proprietary; (3) to pay to you or any person or entity any compensation for any Submissions; or (4) to use, return, or respond to any Submissions.

IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS AND PRODUCT REGULATION

ABW’s product inventory available on the Site includes tens of thousands of products, and product listings are constantly being changed and updated. ABW’s customers are located in various parts of the world.   As a result, it is not practical for ABW to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law, including product safety and other regulations.

ABW MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE.   IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION THE UNITED STATES OF AMERICA, AS A RESULT OF LOCAL CUSTOMS REGULATIONS, LOCAL COPYRIGHT AND TRADEMARK RIGHTS AND OTHER LOCAL LAWS. IN ADDITION, PRODUCTS AVAILABLE ON THE SITE MAY NOT CONFORM TO PRODUCT SAFETY OR OTHER REGULATIONS IN ALL COUNTRIES.

BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED ABW TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE “IMPORTER” AND “INITIAL DISTRIBUTOR” OF THE PRODUCT TO SUCH COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS. YOU ACKNOWLEDGE AND AGREE THAT ABW’S ROLE IS LIMITED TO PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN HONG KONG AND FOR YOUR IMPORT TO THE COUNTRY TO WHICH YOU HAVE REQUESTED ABW TO SHIP PRODUCTS.SAVE FOR ABW ACTS AS IMPORTER OF RECORD (“IOR”) FOR YOU IF NECESSARY, IN NO EVENT WILL ABW OR ANY OTHER ABW PARTY BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL ANY ABW PARTY BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN HONG KONG FOR ANY REASON, INCLUDING THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES, COPYRIGHT AND TRADEMARK LAWS, PRODUCT LICENSING AND PRODUCT SAFETY LAWS.

By purchasing a product through the Site, customers outside of Hong Kong authorize ABW to make arrangements for clearance of customs on their behalf for the products they have ordered.

In case if the products you purchased are delivered from any ABW’s warehouse outside of Hong Kong, you acknowledge and agree to appoint ABW to act as IOR with respect to the importation of products for you. You must obtain any permissions, consents, licences or otherwise that ABW needs and provide all relevant information, materials, properties and any other matters required for the importation. You acknowledge that you are responsible for ensuring that the imported goods comply with all applicable laws and regulations in the country of importation, and that you will indemnify and hold harmless ABW as the IOR from any liability arising from the importation of goods.

We make no representation that information on the Site is appropriate or available for use outside Hong Kong. Those who choose to access the Site from outside Hong Kong, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable

COSMETIC AND PERSONAL CARE PRODUCTS

Purchase of Cosmetic and Personal Care Products

ABW may offer cosmetic and personal care products, including but not limited to contact lenses, skin care products, makeup and fragrances, for sale through the Site.

No Professional Advice

All information supplied through the Site or by any ABW Party, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. The Site does not and is not intended to provide any information to diagnose, mitigate, prevent, treat or cure any disease or condition. Health-related information provided through the Site is not a substitute for professional medical advice. None of the information available through the Site constitutes a recommendation or solicitation to take or not take any particular action.

The receipt of any questions or feedback you submit to ABW does not create a professional relationship and does not create any privacy rights other than those described in ABW’s Privacy Policy

PAYMENT FOR PRODUCTS PURCHASED THROUGH THE SITE

Methods of Payment

ABW offers a variety of payment methods on the Site for the convenience of customers. Please note that each of the payment methods discussed below may not be available at all times. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.

If you pay by credit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT ABW, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify ABW of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If ABW does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by ABW or its agents.

If payment is made by PayPal®or Alipay, the user agreement for the PayPal or Alipay service, respectively, will govern your use of that service, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a PayPal or Alipay member.   YOU, AND NOT ABW, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYPAL OR ALIPAY ACCOUNT BY A THIRD PARTY.   You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred.   Unless you notify ABW of any discrepancies within sixty (60) days after you first receive notice thereof, you agree that they will be deemed accepted by you in all respects and for all purposes.   If ABW does not receive payment through the PayPal or Alipay service, you agree to pay all amounts due upon demand by ABW or its agents.

ABW may also offer customers in certain jurisdictions the option to pay by check, money order, direct deposit to specified bank accounts of ABW or cash on delivery (“COD”). If any of these options is available, more information and applicable terms and conditions will be included in "Customer Service – About Payment". Any fees payable in connection with any such methods, including any fees payable by ABW’s bank, must be paid by you. Unless otherwise specified on the Site, checks and money orders must be made in US dollars or, if shipment is to be to Hong Kong, payment may be made in Hong Kong dollars.

Unless expressly set forth on the Site, ABW does not accept any other payment form. If ABW offers or accepts any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such other form of payment.

Please refer to "Customer Service – About Payment"for more information regarding ABW’s policies and procedures relating to customer payments.

Taxes

You are responsible for paying all applicable taxes (including, but not limited, sales, use or value-added taxes) and other governmental fees, customs duties, charges, penalties, interest, and additions to such taxes that are imposed on you upon or with respect to the transactions and payments under these Terms of Use. Unless otherwise specified in each purchase, all fees payable by you are exclusive of applicable taxes and duties, including, without limitation, value-added taxes, excise taxes, sales and transaction taxes, and gross receipts taxes. With respect to each of your purchases, ABW will automatically charge and collect any applicable tax that it is deemed required in any applicable jurisdictions.

Currencies

All transactions conducted by or with ABW, including sales of items shown on the Site, issuance of gift certificates and credit for returned merchandise, are made in US Dollars. However, for orders shipping to Hong Kong, ABW may allow customers paying by check, money order, direct deposit or COD, if such payment option is available, the option to settle in Hong Kong dollars at the fixed exchange rate of US$1 to HK$7.75. If the option to pay in Hong Kong dollars is available, more information and applicable terms and conditions will be included in "Customer Service – About Payment". Please note that although payment may be made in such cases in Hong Kong dollars, the US Dollar prices indicated on the Site will apply.

Payment made by credit card, PayPal® or Alipay in a currency other than US Dollars will be converted to US Dollars at the exchange rate determined by your credit card issuer, PayPal or Alipay. Please consult your credit card issuer agreement or the user agreement for the PayPal and Alipay services for information regarding the determination of exchange rates by them.   These exchange rates may include a “spread,” or amount payable to PayPal, Alipay or the credit card issuer, which may result in the actual price paid being higher than the posted US Dollar price.

The Site allows users the opportunity to choose a “Reference Currency”. The Reference Currency function converts the US Dollar prices shown on the Site to a currency selected by the user from those available on the Site. REFERENCE CURRENCY PRICES ARE COMPUTED AT THE APPROXIMATE EXCHANGE RATES AVAILABLE FROM TIME TO TIME FOR RETAIL TRANSACTIONS PURSUANT TO INFORMATION AVAILABLE TO ABW; HOWEVER, ABW IS NOT A BANK OR A CURRENCY DEALER AND MAKES NO REPRESENTATION OR WARRANTY THAT PRICES SHOWN ON THE SITE IN A REFERENCE CURRENCY REPRESENT ACTUAL PRICES PAYABLE BY CUSTOMERS IN SUCH REFERENCE CURRENCY. REFERENCE CURRENCY PRICES ARE FOR CONVENIENCE OF REFERENCE ONLY AND REFERENCE CURRENCY EXCHANGE RATES MAY BE UPDATED BY ABW ONLY PERIODICALLY. ACTUAL CONVERSION RATES FOR PURCHASES WILL BE COMPUTED AS PROVIDED ABOVE.

NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.

ABW does not provide cash refunds to customers. However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than US Dollars and such refund was made through the customer’s credit card, PayPal or Alipay, then the credit card issuer, PayPal or Alipay would determine the applicable exchange rate at such time as provided above.

In no event will any ABW Party be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.

PRODUCT DESCRIPTIONS, INFORMATION AND PRICES

Product Descriptions

Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. The information on the Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. ABW does not represent or warrant that the descriptions of any products shown on the Site (including personal care products) are accurate or complete or up to date. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). IF YOU PURCHASE A PRODUCT FROM ABW THAT IS NOT AS DESCRIBED ON THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR A REFUND IN THE AMOUNT OF THE PURCHASE PRICE WHERE RETURN POLICIES APPLY.

ABW has made every effort to display the colors of products on the Site as accurately as possible. However, as the actual colors you see will be affected by, among other things, the color tone displayed on your monitor ABW cannot guarantee that your monitor’s display of any color will exactly match the actual colors of the products.

Prices

ABW cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a “shopping cart” or “shopping bag” and the time the purchase is actually made. Also, despite ABW’s best efforts, a small number of the products on the Site may inadvertently display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of ABW, ABW may either (a) contact you for instructions before shipping the product or charging you for such product or (b) cancel the order for such product and notify you of such cancellation.

ABW will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, that contain other incorrect information or typographical errors  or that are unavailable for any reason. ABW will have this right regardless of whether the order has been confirmed or your credit card or other payment service has been charged.   If your credit card or payment service has already been charged for the purchase and your order is cancelled, ABW will immediately issue a credit to your credit card or payment service in the amount of the charge.

Price Comparisons and “Save” Amounts

Price comparisons may be made throughout the Site to indicate the relative savings amounts of ABW’s pricing.  Amounts shown as “Save” reflect the difference between the sale price and ABW’s normal or “list” price for a given product. However, ABW makes no representation that a substantial number of these products have been sold or made available for sale at the list price.

ORDER PROCESSING, SHIPMENT, RETURNS, WARRANTIES

Order Acceptance

The offer and acceptance of orders will be subject to the terms of the third paragraph of these Terms of Use. ABW may confirm its receipt of your acceptance by sending a confirmation to the e-mail address that you provide.

Passage of Title

Title to products and risk of loss of products, passes to you upon delivery to the common carrier selected by ABW to deliver your order.
You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity.   Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of ABW’s agreement to sell products to you.

Returns

ABW accepts returns of most defective products, and products damaged in shipping, in accordance with the terms and conditions posted from time to time at Customer Service – Shipping and Returns

Replacement or repair of returned products will be made in accordance with the Return and Refund Policy. Any refunds provided pursuant to the Return and Refund Policy will be made in the form of credit that may be applied to other purchases on the Site. In no event will cash refunds be made.

Product Warranties

ABW will have no liability for any failure or malfunction of a product sold on the Site. Requests for technical service and support should be made directly to the manufacturer of a product in accordance with the terms and conditions of any warranty provided by the manufacturer. Information regarding manufacturers’ warranties is generally included in the materials shipped with the products or is available through the Site.

PURCHASE FOR COMMERCIAL PURPOSE ONLY

Customers shall purchase product from the Site for commercial or business purpose. Customers shall resell or redistribute the products purchased from the Site and be fully responsible for paying and/or collecting all capital gains, transfer, documentary, excise, sales, use, value-added, goods and services, stamp, import and other such taxes incurred or payable by Customers pursuant to any applicable laws chargeable by any tax authority in any jurisdiction(s), if any, resulting from the purchase of the products from the Site and resale or redistribution of the same (whether related to the income or gain derived by Customers in the reselling or redistributing the products) (collectively referred to as "Taxes"). Neither ABW or ABW Party shall be responsible for collecting and/or paying Taxes.

By purchasing any product and placing an order via the Site, User shall, on behalf of himself or herself and the Customer, represent, warrant and undertake the followings:

Tax obligations

1. the Customer will resell the products purchased from the Site and the Customer will be fully responsible for paying and/or collecting Taxes and making all necessary filings in respect of the Taxes pursuant to laws applicable to the Customer;
2. the Customer purchases the product from the Site in the course of their business, whether their business is in the form of sole proprietorship, partnership or a company;
3. the Customer's business is in full compliance with all laws and regulations applicable to the Customer, including but not limited to laws regarding import, trading, trademarks and copyright in the Customer's own jurisdiction;
4. the Customer shall be responsible to bear all Taxes. For avoidance of the doubt, the Customer shall defend, indemnify and keep indemnified ABW and ABW Parties at all times and hold them harmless against any and all losses, liabilities, damages, liens, claims, obligations, penalties and costs resulting from, or due to, directly or indirectly, any claim that the Customer has failed to:-
   
   4.1 properly make any (i) tax filing or (ii) report the purchase via the Site, the resale and redistribution of the products, if required under applicable law; and/or
   
   4.2 pay any Taxes in accordance with applicable laws and regulations;
   
   
5. upon request by ABW, the Customer shall provide documents relating to Customer's business, including but not limited to business registrations, sale permit and resell certificates, VAT numbers and such other documents and information to the satisfaction of ABW as specified by ABW from time to time;
6. (applicable to Customers located in the United States of America (the "US")), the User shall, on behalf of himself or herself and the Customer, further represents, warrants and undertake:
   
   6.1 the purchase is exempt from US sales and use tax as a purchase for resale under a valid resale certificate;
   
   6.2 the items will be resold in the normal course of business and if the Customer makes any use of the items other than retention, demonstration or display while holding them for sale, the Customer shall pay sales tax on the items at the time of use; and
   
   6.3 the Customer shall collect and remit any applicable US sales and use tax from end customer associated with the resale of the items;

Capacity

1. the Customer shall have full and all necessary power, authority, capacity and legal right to purchase the products from the Site and re-sell and redistribute the same;
2. the Customer shall have full and all necessary power, authority, capacity and legal right to enter into any contract in respect of the purchase of products from the Site with ABW, engage in the transaction contemplated thereunder, perform its obligations hereunder (including but not limited to the obligations related to Taxes set out in these Terms of Use) and re-selling and redistributing the products purchased from the Site;
3. the User has been duly authorised to act for and on behalf of the Customers in placing the order and making purchase via the Site and carrying out all necessary acts to complete the relevant purchase;
4. all information and documents the User and/or Customer provide to ABW via the Site are true and accurate and further, all information and documents given or which may at any time given by the User, Customer, Customer's directors, officers, employees or authorised representatives, to ABW or any ABW Party is and will be accurate in all respects and there are no facts which have not been disclosed to ABW or ABW Party which would make any such information misleading or which may affect the willingness of ABW to proceed with the sale of the products via the Site;
5. (if applicable) all corporate, shareholder and other action, conditions, approvals and requirements, including without limitation, all governmental and other official consents, licences, approvals and authorisations, and things required under all applicable laws, to be taken, fulfilled, obtained, given and done by the Customer or any other person in order to enable the Customer lawfully and validly to do the following acts have been or where required, will be duly and validly taken, fulfilled, obtained, given and done; and
   
   5.1 enter into, exercise the Customer's rights and perform and comply with its obligations under the contract in respect of the purchase of products from the Site with ABW; and
   
   5.2purchase the products from the Site and re-sell and redistribute the same in the relevant jurisdiction(s);
   
   
6. these Terms of Use constitutes legal, valid and binding obligations of the Customer enforceable against the Customer in accordance with its terms; and
7. the User and the Customer shall notify ABW immediately shall any of the aforesaid warranties, representations and undertakings are no longer true or correct.

Users and Customer shall jointly and severally indemnify ABW and ABW Parties in full against all costs or expenses which may be incurred or suffered by ABW and/or any of the ABW Parties in connection with any breach of and enforcing claims for any breach of aforesaid representations, warranties, undertakings or obligations of the Customer and/or the User.

OTHER ISSUES

User Privacy; Data Security

Please review ABW’s Privacy Policy, which also governs your visit to and usage of the Site, to understand ABW’s practices with respect to usage and handling of user information. We endeavor to ensure that all our collection, transmission, storage and usage of personal data is carried out in compliance with the Personal Data (Privacy) Ordinance, Cap 486 of the laws of Hong Kong.

You acknowledge and agree that the Site is a public space and that your participation in and Submissions to the Site create no expectation of privacy. Further, you acknowledge that any personal information you submit to the Site may be seen and used by others. No ABW Party is responsible for information that you or others choose to submit to the Site, or for your actions or the actions of other users. ABW or its designated agents may remove or alter any information, Content or Submission posted or otherwise disclosed on the Site at any time for any reason. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE AS A SUBMISSION OR OTHERWISE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

While ABW takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, no ABW Party is responsible for the acts of those who gain unauthorized access, and no ABW Party makes any warranty, express, implied or otherwise, that ABW or any other ABW Party will prevent unauthorized access to your private information.

Your Account

Certain portions of the Site may require you to establish an account, username and password. You are responsible for maintaining the confidentiality of such account, username, and password and agree to accept responsibility for all activities that occur under your account, username or password. You agree to notify ABW immediately of any unauthorized use of your account, username or password or any other breach of security with respect to the Site. You may not use anyone else’s account, username or password at any time. You may not attempt to gain unauthorized access to the Site. Customers may not authorize any other person to use your account, username or password, save and except where the Customer is partnership, company or other business entity, Customers may authorise the Customer's officer(s), director(s), manager(s) or employee(s) to use its account provided that the disclosure of the username, password and such other login details to such authorized persons is on a strictly need-to-know basis. You agree to provide ABW with accurate, current and complete information about yourself and your billing information as prompted in the registration process, and to maintain and promptly update your registration information to keep it true, accurate, current and complete. You may update your account information by clicking on the “My Account” link on the Site. 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.

Users' confirmation

By creating an account on the Site, User hereby confirms and undertakes that he/she is acting as Customer on his/her own account or acting on behalf of the Customer to register such account. You represent to us and to all suppliers of the merchandise through our site that all purchases made by you through our site will be within the scope of your authority to conclude contracts.

Third-Party Websites and Applications

The Site may contain links, hypertext links, log-in interfaces and other connections to third-party websites and applications (including, without limitation, websites, widgets, software and other software utilities) (Application(s)). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by AsianBeautyWholeSale. Applications are provided solely as a convenience to you and AsianBeautyWholeSale is not responsible for and does not sponsor, approve or endorse the content of Applications or its operator. You will need to make your own independent judgment regarding your interaction with Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your AsianBeautyWholeSale account. By using Applications, you acknowledge and agree to the following: (1) if you use an Application to share information about you, your actions on the Site or relating to your AsianBeautyWholeSale account, you are consenting to such information being shared; (2) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if AsianBeautyWholeSale has not provided such information; and (3) your use of an Application is at your own option and risk and you will hold the AsianBeautyWholeSale Parties harmless from any sharing of information about you, your actions on the Site or relating to your AsianBeautyWholeSale account that results from your use of an Application. In addition, each Application's end-user license agreement, terms of use, privacy policy and any other documentation or materials designated by the Application will govern your use of that Application. If you revoke an Application's access to your AsianBeautyWholeSale account, information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. The AsianBeautyWholeSale Parties do not take any responsibility for the performance of any Application or the use of any information shared with any Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints or claims about the Applications, you should contact the support or contact personnel of the Application and not AsianBeautyWholeSale.

ABW may allow you to log in to the Site using "Facebook Connect", a Facebook, Inc. ("Facebook") Application, either as the sole means of logging in or as an alternate means. ABW may also allow you to use other Facebook Applications and features, such as a “Like” button, so that you may use information from your Facebook account on the Site and share activities and other information related to the Site via Facebook.com. In addition to the terms set forth above with respect to all Applications (and without limiting the generality thereof), by using Facebook Connect and/or other Facebook Applications and features, you permit the Site to access information related to your Facebook account (including your profile information, friends and privacy settings) and you permit Facebook to check your Facebook account cookies when you are visiting the Site and to receive information concerning actions you take on the Site.

Third-Party Links

The Site may contain links to other websites. The ABW Parties are not responsible for examining or evaluating, and the ABW Parties do not warrant the offerings of, any of the businesses or individuals operating such websites or the content of such websites. No ABW Party assumes any responsibility or liability for the actions, products or content of any of these third-party websites. You should carefully review the privacy statements and other conditions of use set forth in such websites.

Age of Users

By registering an account with our Site you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract. ABW does not intend the Site to be viewed or used by individuals under the age of 18 (“minors”) without the supervision of a parent or guardian 18 years of age or older. ABW relies upon parents and guardians to determine if any Content or items available on the Site are appropriate for the viewing, access or purchase by minors. If a User is a minor, such minor may use the Site only under the supervision of parent or guardian. If a User is under 13 years of age the user may not, even under the supervision of a parent or guardian, make any Submissions.

Sweepstakes, Contests, Promotions

Any sweepstakes, contests or similar promotions made available through the Site will be governed by specific rules separate from these Terms of Use, provided that unless the separate rules provide otherwise, all information submitted through a sweepstakes, contest or similar promotion will be considered Submissions and will be subject to the terms relating thereto. By participating in any such sweepstakes, contest or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein and which, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as age or geographic restrictions.

Communications

Unless otherwise provided, you consent to receive communications from ABW by e-mail. ABW will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that ABW provides to you in this manner satisfy any legal requirement that such communications be in writing. In the event where you elect not to provide any direct method of communications to ABW and strictly rely on notices posted on the Site by ABW for communication purposes, you acknowledge and agree that ABW shall have no obligation to contact and/or communicate with you directly for whatever purposes; and where loss, cost, damage, expense and/or liability of any kind are incurred (whether directly or indirectly) as a result of your election, ABW shall be indemnified and held harmless by you for and against all such loss, cost, damage, expense and/or liability of any kind.

Sanctions

"International Sanctions" indicates economic or financial sanctions, requirements or trade embargoes imposed, administered or enforced from time to time by U.S. government authorities (including but not limited to the Treasury Department’s Office of Foreign Assets Control ("OFAC"), the U.S. Department of State, and the U.S. Department of Commerce), the United Nations Security Council, the European Union, Australia or the United Kingdom government, including Her Majesty’s Treasury.

As a condition to obtaining the right to use the Site, you represent and warrant that you (including the company on whose behalf you are using the Site) are not:

1. Ordinarily resident, located, organized, established or domiciled in Cuba, Iran, North Korea, Syria, or the Crimea region (including Sevastopol);
2. Designated on any list of restricted parties maintained by the United Nations Security Council, the U.S. Government (including the Specially Designated Nationals list, Foreign Sanctions Evaders list and the Sectoral Sanctions Identification list maintained by the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or the U.S. Department of Commerce’s Bureau of Industry and Security ("BIS")’s Entity List, Denied Persons List, or Unverified List) or other restricted parties lists maintained by the European Union, Australia and the United Nations;
3. Any agency, instrumentality or otherwise a part of the government of any of the following countries/territories: Venezuela, Cuba, Iran, North Korea, Syria, or the Crimea region (including Sevastopol);
4. Owned (at 50% or greater level) or controlled, directly or indirectly, by, or acting on behalf of, any individual, entity or the government that is described under (a) through (c) of this section; and
5. Using, and will not use, the Site to sell any products originating from, or to procure products that are ultimately destined for, Cuba, Iran, North Korea, Syria or the Crimea region (including Sevastopol).

You represent and warrant that, in using services under this Terms of Use, you will comply with all United States, European Union, United Nations, Australia, the United Kingdom and other Sanctions that might be applicable to ABW or any of its group companies (the “Group”) and you. ABW may take any actions that it deems appropriate for it to confirm compliance with applicable Sanctions and you hereby confirms that you will not take any actions, including the sale, distribution or delivery of any products of the Group covered under this Terms of Use that would cause the Group or you to violate any applicable Sanctions.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY ABW ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND YOUR USE OF ALL PRODUCTS (INCLUDING WITHOUT LIMITATION ALL COSMETIC AND PERSONAL CARE PRODUCTS) INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. WE DO NOT REPRESENT OR WARRANT TO YOU THAT OUR SITE OR ANY OF ITS CONTENTS WILL BE ACCURATE COMPLETE OR RELIABLE. NO ABW PARTY MAKES ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE ABW PARTIES DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS AND CONTACT LENSES), OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ABW PARTY GUARANTEES OR WARRANTS THE PERFORMANCE OF ANY SUPPLIER OR OTHER THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE, OR THE CONFORMANCE OF ANY THIRD PARTY’S PRODUCT OR DESCRIPTION THEREOF, TO ANY LAW, RULE, REGULATION OR POLICY. WE DO NOT REPRESENT OR WARRANT THAT ANY SERVICES (WHETHER OR NOT PROVIDED BY US) WILL BE PROVIDED WITH DUE CARE AND SKILL; OR 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). NEITHER ABW NOR ANY OTHER ABW PARTY REPRESENTS OR WARRANTS THAT THE SITE (INCLUDING THE USAGE OF APPLICATIONS OR SOFTWARE), ITS SERVERS OR E-MAIL SENT FROM ABW (OR ANY PART OF IT) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR FREE. 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

NO ABW PARTY WILL BE LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS AND CONTACT LENSES) OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY APPLICATIONS, ANY E-MAIL SENT FROM ABW OR ANY THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ANY ABW PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ABW PARTIES ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS, AND CONTACT LENSES), REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.

THE DISCLAIMERS REGARDING WARRANTIES AS TO PRODUCTS IN THE IMMEDIATELY PRECEDING PARAGRAPH DO NOT APPLY TO THE EXTENT OF ANY APPLICABLE EXPLICIT WRITTEN ABW WARRANTY (AS DEFINED ABOVE).

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW AND DISPUTES



Applicable Law

The Site is controlled, operated and administered by ABW(or its licensees or agents) from its offices within Hong Kong and is not intended to subject ABW to the laws or jurisdiction of any state, country or territory other than that of Hong Kong . By visiting the Site, you agree that the laws of Hong Kong, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and ABW or any other ABW Party.

ALL USE OF THE SITE, SUBMISSIONS, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE APPAND TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF HONG KONG .

Disputes

Any dispute, controversy or claim relating in any way to the Site (including, without limitation, your visit to and use of the Site), to your Submissions, to the licenses granted hereunder or to products you purchase through the Site shall be submitted to confidential binding arbitration in Hong Kong conducted under Hong Kong law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of ABW or any affiliate or licensor of ABW, ABW may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an official certified English translation thereof. The arbitrator shall state the reason upon which the award is based.

GENERAL

Severability

If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms of Use.

Delay in Enforcement

No delay or failure to take action under these Terms of Use shall constitute any waiver by ABW or (if applicable) ABW Party of any provision of these Terms of Use.

Complete Agreement

These Terms of Use, together with ABW’s Privacy Policy and any other policies posted on the Site and on the Site from time to time, constitute the complete agreement between you and ABW with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and ABW.

Indemnification

You agree to defend, indemnify and hold harmless ABW and the other ABW Parties and all of our directors, employees, and contractors from and against any and all claims, damages, costs and expenses, including attorneys' fees, or other liability which may be incurred by us arising from or related to the use of the Site and any Content available on the Site, any breach of these Terms of Use covenants, warranties, representatives, agreements herein and/or any Submissions submitted, in each case by you or any user of any of your accounts.

Modification to Terms of Use

ABW reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use from time to time without providing any prior notification. It is your responsibility to check these Terms of Use each time before using the Site. The amended Terms of Use are effective from the date they are published on the Site. Your continued access and use of the Site and our service following the posting of changes will mean that you unconditionally accept and agree to the latest version of the Terms of Use. You agree that all subsequent purchases by you, all Submissions and all other uses of the Site will be subject to the terms and conditions of these Terms of Use, which shall apply until ABW posts a modified Terms of Use and then in accordance with such modified Terms of Use.

No Third Party Rights

Subject to the next paragraph, no person shall have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) (the "Third Parties Ordinance") to enforce or enjoy the benefit of any of these Terms of Use and any contract associated therewith between such parties.

Any ABW Party may, by virtue of the Third Parties Ordinance, rely on any provision of these Terms of Use and any contract associated therewith between parties to these Terms of Use and its counterparts (if any) only if and to the extent that such provision:-

(a) expressly limits or excludes liability of that ABW Party; or

(b) expressly confers other rights or benefits on that ABW Party (including without limitation any indemnity).

 

Looking for help with something specific?