USE OF THE SITE
License and Site Access
cl mall grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site 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 cl mall. cl mall also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of the Site so long as the link does not portray cl mall, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.
Prohibited Uses of the Site
- 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 cl mall 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 cl mall;
- Use cl mall’s name, trademarks, service marks or logos in any meta tags or any other “hidden text”;
- Use cl mall’s logo or other proprietary graphic or trademark as part of a link without express written permission.
Each of the foregoing is expressly prohibited without cl mall's prior express written consent. 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 cl mall.
Termination of Access
INTELLECTUAL PROPERTY RIGHTS; USER CONTENT
All content included on the Site, including, without limitation, text, articles, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software, ("Content") is the property of cl mall 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 cl mall and are protected by applicable copyright laws. All software used on the Site is the property of cl mall or its software suppliers and is protected by applicable copyright laws.
CL MALL, CL-MALL.COM, SWEETY MAGIC are trademarks, registered trademarks or service marks of cl mall or its affiliates or licensors. All rights are reserved. These and other trademarks, service marks, graphics, logos and trade dress of cl mall and its affiliates, suppliers and licensors used on the Site may not be used without the prior written consent of cl mall or its applicable affiliate, supplier or licensor, as the case may be. Without limiting the foregoing, no cl mall trademark, service mark or trade dress may be used in connection with any product or service that is not cl mall’s, in any manner that is likely to cause confusion among users or customers or in any manner that disparages or discredits cl mall.
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 cl mall. 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 cl mall or its affiliates. None of the cl mall Parties guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content. The cl mall 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 cl mall representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will any cl mall 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 cl mall 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 cl mall at the e-mail address or physical mail address below with the following information and signature:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address (including country), telephone number and e-mail address;
- 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;
- 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;
- 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 firstname.lastname@example.org or, if by physical mail, to:
Sweety Magic Ltd.
Flat C 13/F
Mai Wah Industrial Building
1-7 Wah Sing Street
Kwai Chung N.T.
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 cl mall 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 cl mall 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 or Conditions, 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”.
IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS AND PRODUCT REGULATION
cl mall’s product inventory available on the Site includes tens of thousands of products, and product listings are constantly being changed and updated. cl mall’s customers are located in various parts of the world. As a result, it is not practical for cl mall 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.
CL MALL 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 CL MALL 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 CL MALL’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 CL MALL TO SHIP PRODUCTS. IN NO EVENT WILL CL MALL OR ANY OTHER CL MALL PARTY BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL ANY CL MALL PARTY BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN THE HONG KONG SPECIAL ADMINISTRATIVE REGION 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 AND PRODUCT SAFETY LAWS.
By purchasing a product through the Site, customers outside of Hong Kong authorize cl mall to make arrangements for clearance of customs on their behalf for the products they have ordered.
It is your responsibility to have your eyes examined by an eye care professional before purchasing contact lenses through the Site and regularly thereafter. You agree to follow your eye care professional's instructions for the proper use and care of any contact lenses purchased through the Site. In addition to the terms set forth above with respect to all cosmetic and personal care products (and without limiting the generality thereof), by placing an order through the Site for prescription contact lenses, you certify, represent and warrant that (1) with respect to the contact lenses you are ordering you have a valid prescription issued within the timeframe required by law in your jurisdiction of residence following a physical eye examination conducted by a registered eye care professional licensed in your country, state, province or other applicable jurisdiction and (2) you have not, since your last issuance of a valid prescription pursuant to a physical eye examination conducted by a registered eye care professional licensed in your country, state, province or other applicable jurisdiction, suffered from any eye condition requiring treatment or been advised to stop wearing contact lenses by an eye care professional or medical practitioner. When you order contact lenses through the Site, you are responsible for entering the correct contact lens information according to your contact lens prescription. If you experience any pain or discomfort from any contact lenses purchased through the Site, you agree to discontinue use immediately and consult your eye care professional.
PAYMENT FOR PRODUCTS PURCHASED THROUGH THE SITE
Methods of Payment cl mall 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 reside in a country in the European Union and your credit card payment is processed via a European acquirer, then any terms regarding payment processing services will be between you and YA Trading Company Limited on behalf of cl-mall.com Limited. Goods and/or services will be delivered by cl-mall.com Limited directly.
Unless expressly set forth on the Site, cl mall does not accept any other payment form. If cl mall 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 Inquiry – Payment” for more information regarding cl mall’s policies and procedures relating to customer payments.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. With respect to each of your purchases, cl mall will automatically charge and withhold any applicable tax that it deems is required in any applicable jurisdictions.
All transactions conducted by or with cl mall, including sales of items shown on the Site, issuance of gift certificates and credit for returned merchandise, are made in Hong Kong Dollars.
Payment made by credit card, PayPal® or Alipay in a currency other than Hong Kong Dollars will be converted to Hong Kong 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 HK 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 CL MALL; HOWEVER, CL MALL 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 CL MALL 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.
cl mall 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 HK 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 cl mall 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.
cl mall Coupons
cl mall may provide coupons to certain customers through loyalty or promotional campaigns. Terms and conditions of coupons will be as separately advised by cl mall or as set forth at “Customer Service – About Credit & Coupon.”
PRODUCT DESCRIPTIONS, INFORMATION AND PRICES
Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. cl mall does not represent or warrant that the descriptions of any products shown on the Site (including personal care products) are accurate or complete. IF YOU PURCHASE A PRODUCT FROM CL MALL THAT IS NOT AS DESCRIBED ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR CL MALL CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.
cl mall 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 depend on your monitor, cl mall cannot guarantee that your monitor’s display of any color will be accurate.
cl mall 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 cl mall’s best efforts, a small number of the products on the Site may 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 cl mall, cl mall 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.
cl mall 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. cl mall 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, cl mall 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 cl mall’s pricing. Amounts shown as “Save” reflect the difference between the sale price and cl mall’s normal or “list” price for a given product. However, cl mall 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
Passage of Title
Title to products and risk of loss of products, passes to you upon delivery to the common carrier selected by cl mall 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 cl mall’s agreement to sell products to you.
cl mall accepts returns of most defective products, products damaged in shipping and (in the case of contact lenses) products of incorrect prescription, in accordance with the terms and conditions posted from time to time at “Return and Refund.” 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.
User Privacy; Data Security
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 cl mall 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. cl mall 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 cl mall takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, no cl mall Party is responsible for the acts of those who gain unauthorized access, and no cl mall Party makes any warranty, express, implied or otherwise, that cl mall or any other cl mall Party will prevent unauthorized access to your private information.
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 cl mall 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. You may not authorize any other person to use your account, username or password. You agree to provide cl mall with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your account information by clicking on the “My Account” link on the Site.
Applications; Facebook Connect
cl mall 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.
The Site may contain links to other websites. The cl mall Parties are not responsible for examining or evaluating, and the cl mall Parties do not warrant the offerings of, any of the businesses or individuals operating such websites or the content of such websites. No cl mall 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
cl mall 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. cl mall 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
You consent to receive communications from cl mall by e-mail. cl mall 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 cl mall provides to you in this manner satisfy any legal requirement that such communications be in writing.
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 CL MALL ON AN “AS-IS” AND “AS-AVAILABLE” BASIS 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. NO CL MALL PARTY MAKES ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE CL MALL 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 CL MALL 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. NEITHER CL-MALL NOR ANY OTHER CL MALL PARTY WARRANTS THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM CL MALL 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. NO CL MALL 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 CL MALL 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 CL-MALL PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE CL MALL 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 CL MALL 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
ALL USE OF THE SITE, SUBMISSIONS, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE SITE AND 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 THE HONG KONG SPECIAL ADMINISTRATIVE REGION.
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 cl mall or any affiliate or licensor of cl mall, cl mall 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 English translation thereof. The arbitrator shall state the reason upon which the award is based.
Delay in Enforcement
You agree to defend, indemnify and hold harmless cl mall and the other cl mall Parties from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to the use of the Site and any Content available on the Site, any breach of these terms of service and/or any Submissions submitted, in each case by you or any user of any of your accounts.