In these terms and conditions (“Terms and Conditions”), the term “we” or “us” or “our” shall refer to Dragon Oasis Limited (Business Name is “Anward.net”). The term “you” shall mean any person, firm, company or body which places order with us. Please read the Terms and Conditions carefully before proceeding to use our website (http://www.anward.net) (“Our Site”).
1.Acceptance of Terms and Conditions
- By accessing and using Our Site or any part of it, you agree that you have read these Terms and Conditions and that you accept and agree to be bound by them. We are entitled to amend the Terms and Conditions from time to time and you may access the latest version of our Terms and Conditions at any time at [http://www.anward.net]. We require all visitors and users of Our Site to follow and strictly comply with the Terms and Conditions. Each time when you use and access Our Site or any part of it, you are deemed to have agreed to accept the Terms and Conditions including the latest version at the time of access.
- Each time when a person under full age accesses Our Site or use our Service, his/her parents (or legal guardians) are deemed to be aware of the Terms and Conditions and have agreed to accept and comply with the same and its latest version.
2.Provision of Services
- We provide a variety of services to users, including but not limited to shopping services, bonus points exchange services, forums, latest product information, etc. (the “Service”). You are responsible for all necessary equipment to access our Site and Service.
- Our Service and our Site are proprietary and belong to us. You are not allowed to directly or indirectly reproduce, copy or keep any duplicate, sell, or resell or use all or any content of our Service (including but not limited to your user account information) or Our Site for any commercial or non-personal purposes.
- We reserve the right to amend, modify or temporarily or permanently discontinue, any part of our Service. We shall not in any way be liable to you or to any third party for any direct or indirect or consequential loss arising out of or in relation to such modification, amendment or discontinuance of our Service.
3.Your Registration Obligations
- If you wish to place an order with us or if you wish to use our Service and Our Site, you must:
- access to the registration webpage of Our Site to first register and create an account with us. You must provide us with true, accurate, up to date and complete information about yourself (“the Registration Data”) on our registration form; and
- maintain and continue to provide us with up to date, true, accurate, and complete Registration Data.
- If you provide us with any Registration Data that is untrue, inaccurate, out of date, incomplete or misleading, or in the event we have grounds to suspect that any Registration Data is untrue, inaccurate, out of date, misleading or incomplete, we shall be entitled to suspend or terminate your user account and/or membership and refuse any and/or all your current or future use of Our Site and/or our Service.
4.Member’s account, password and security
- Upon completion of the registration process set out in Clause 3 of this Terms and Conditions, Our Site shall create a personal account for you. You will receive an email from us informing you that your account has been successfully registered. You must safeguard your account and password. You agree and you authorize us to assume that any person using Our Site and/or our Service with your account and password is either you or is authorized to act on your behalf. You agree that you shall be fully liable for all activities that occur under your password and account.
- You agree to notify us immediately should you become aware of any unauthorized use of your password and/or account or any suspected unauthorized usage.
- You agree to log out completely from your account every time after you have completed usage of Our Site and/or the Service.
- We shall not be responsible to you for any direct or indirect or consequential loss, expenses or damages, whether directly or indirectly, resulted from the improper or unauthorized use of your password and/or account.
- You agree that we may access, preserve and disclose your Registration Data as required by applicable law, order, regulatory authority, law enforcement authority or administrative organization. We shall be entitled to disclose or use your Registration data without your prior consent in the following circumstances:
- establish legal claims or defenses, obtain legal advice, comply with any court order, defending and/or protecting our rights, our properties, our safety and safety of other customers and/or users;
- enforce this Terms and Conditions;
- respond to allegations that any Our Site and/or our Service infringe any third party’s rights; or
- respond to your request for Service.
5.Online Transaction
- When you request to order or exchange or return products through Our Site or use any of our Service, you agree: -
- to accept our Terms and Conditions in relation to payment, shipping and delivery, exchange and return policy, and privacy policy, which are separately provided by us and set out in Our Site;
- we shall use commercial endeavor to ensure that prices, details, sizes of products and availability of products on Our Site are up to date. You accept the information of the electronic transaction as shown on Our Site being the details of the transaction;
- all orders are subject to confirmation of final availability and we reserve the right to accept or decline any order at our sole discretion;
- prices charged for on Our Site may be different from those charged in our store; and
- all the photos of the products shown on Our Site are for reference only, the actual products shall prevail.
- Our Site uses Hong Kong dollars as the transaction currency, all transactions are denominated in Hong Kong dollars.
- If we decline or cancel your order, we shall notify you by email before delivery and we shall not be liable to you for any compensation. We shall arrange for refund to the same credit card used or the original payment account used at the time for purchase of the product.
- All prices quoted on Our Site are tax excluded. You agree that you shall be liable to pay for all tax, charges, duties, and/or tariffs, levied in relation to or arising out of your order. You shall reimburse us for all tax, charges, duties and/or tariffs we pay on your behalf.
- All prices quoted on Our Site do not include delivery and/or shipping charges and you shall be liable to pay for all such delivery and/or shipping charges.
- You understand and acknowledge that our Service and Our Site only serve to deliver products to end customers. You acknowledge that we engage third party service provider to deliver your order to you. We therefore assume no responsibility or liability over the conduct or service of any third party service provider we engage and we make no commitment as to the timeliness of delivery, misdelivery, and/or cancellation of delivery.
- You will become the owner of the product you have ordered after you have paid in full for the product and after the product has been delivered to you. We shall not be liable to you for any loss or damages once the product has been delivered to you. If you instruct for the product to be left outside of your delivery address, we shall not be liable to you for any loss or damages.
- If the product you received has quality issues, please send to us an email at info@anward.net with your order number, details and pictures of the product within 7 days (Hong Kong area) / 14 days (overseas areas) upon receipt of your product. You must return your product in the original package and must include all original label, tag and packaging. You shall be responsible for all delivery or shipping charges and all such tax, charges, duties, and/or tariffs in relation to or arising out of return or exchange and/or redelivery of your product. In the event there is any dispute, we reserve the right to make all final decision.
6.Member’s Conduct
- You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the Content originated. The Content used in Our Site are either our property or of third party owners, You acknowledge we do not give you any permission to use any of the trademark, product name, logos, company names, trade names, designs, graphics, and any other intellectual property rights and any unauthorized usage constitutes an infringement of our rights or of any relevant third party owners. You agree that Our Site will not assume any responsibility relating to the Content. You agree to take full responsibility for all Content you have uploaded, posted, transmitted or otherwise made available via Our Site or the Service.
- You agree not to use Our Site or the Service for any of the following purposes:-
- upload, post, transmit or in any way make available any Content that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of others’ privacy, hateful, illegal or racially, ethnically or in any way objectionable;
- intentionally harm minors or other users in any way;
- forge headers or in any way manipulate identifiers in order to disguise or cover up the origin of any Content transmitted through Our Site or the Service;
- impersonate any person, organization or entity, making untrue statement or false representation of your affiliation with a person, organization or entity;
- upload, post, transmit or in any way make available any Content that you do not have any right to make available;
- upload, post, transmit or in any way make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary rights owned by other persons;
- upload, post, transmit or in any way make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation;
- upload, post, transmit or in any way make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intentionally or unintentionally violates any application laws and legally enforceable regulations; or
- collect or store personal data of any other third party.
- We have the right to pre-screen any Content, and delete or remove any Content provided through Our Site or the Service without being required to give any explanation or be responsible in any way.
7.Links
- Unless you have obtained our prior written consent, you may not by and through any means link Our Site, or in any manner cache to link Our Site, or in any way frame any Contents of Our Site. We reserve the right to disable any unauthorized links or frames, and specifically disclaims any responsibility for the Contents available on any internet sites linked to Our Site. You agree to proceed at your own risk when accessing Our Site from or through other internet sites.
- Our Site, the Service or third parties may provide links to other World Wide Web sites or web sources. You acknowledge and agree that we have no control over the contents or materials of such sites and web sources. We accept no responsibility or liability over such external sites or web sources, their Content, their operation, any advertising, products or other materials made available on such sites or web sources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with the use of or reliance on such Content, goods or services available on or through such external sites or web sources.
- You shall not use any part of Our Site or our Service for any fraudulent or unlawful purpose.
8.Disclaimer of Warranty
- You acknowledge and agree:
- Our obligations under the Terms and Conditions are only limited to providing you with the Service.
- We expressly disclaim any responsibility, representation or warranty:
- in relation to the quality, timeliness, operation, use, accuracy, or the fitness or use for any purpose of our Service, Our Site, or any goods or products or services accessed, offered or obtained through our Service or Our Site;
- that any access to Our Site or the Content made available on our Site will be uninterrupted or error free and that Our Site does not contain any viruses or destructive properties;
- any delay or failure to provide you with your order, our Service, or any negligent provision of service or product;
- any misrepresentation to Our Site, our Service or the product;
- the product you receive from the use of Our Site and/or our Service will be accurate or reliable; or
- the quality of any information, material or Content obtained by you through Our Site and/or the Service will meet your expectation.
- You shall assume and bear all risks in relation to any materials downloaded or otherwise obtained through the use of Our Site or the Service.
- Unless expressly stated in the Terms and Conditions, no communication or information, whether oral or written, obtained by you from or through Our Site or the Service shall create any warranty over the product you purchased.
- You may encounter inconvenience in using Our Site or the Service and/or loss of any information or data when the operation system of Our Site or use of the Service is in suspension, malfunction, delayed, ineffective and/or wrongful transmission or storage of data, resulting from various circumstances. You acknowledge and agree that we shall not be responsible or liable for any losses or damages arising therefrom whether directly or indirectly. You shall take all appropriate and necessary precautionary measures and actions to prevent the loss of any uploaded information or message. If you extract any Content from Our Site or through the use of our Service, you acknowledge and agree to proceed at your own risk that such Content would cause the malfunction, dysfunction or other damages or losses to your computer system or device, and further acknowledge and agree that we shall not be liable to you for any loss or damages suffered therefrom whether directly or indirectly.
- We are unable to control over any Content which is not posted by us, therefore we give no warranty as to the accuracy, completeness or quality of such Content on Our Site. You agree you need to evaluate the accuracy, completeness and quality of such Content, and to assume all risks and liabilities in relation to the use of or reliance on such Content on Our Site. Under no circumstances shall we be liable in any way for any loss or damages relating to the accuracy, completeness, quality of the Content or other incidental problems on Our Site.
9.Termination
- Without prejudice to any other rights we have under all applicable law, we have the right to suspend or terminate your account with us and suspend your continuous use of Our Site and the Service without prior notice if we have reasonable ground to suspect any of the following:
- you intentionally invade the system of Our Site and/or disrupt our Service; or
- you beach any terms of the Terms and Conditions, or any applicable laws.
- Any of our rights accrued up to the date of termination shall be enforceable against you even after the termination of our Service or use of Our Site.
- If we have reasonable ground to suspect the information or Content provided by you or your conduct is in conflict with any applicable laws or regulations, we shall take the initiative to cooperate with the relevant law enforcing authority for investigation. You shall be liable to us for any liability, loss, damages, expenses, fees, and legal fees incurred resulting therefrom.
- You acknowledge and agree that we are entitled to, including but not limited to the happening of the events set out above or other situations as contained in the Terms and Conditions, at any time modify or suspend the Services provided to you, or suspend your account and/or refuse your current and future use of Our Site and our Service without any prior notice of the same. We have the right to close or delete your account and all relevant information and files contained in your account. We shall not be liable to you or to any third party for any losses suffered therefrom.
10.Limitation of Liability
- To the fullest extent permitted by law, we shall not be liable to you or any other person whether in tort, contract, statute, implied warranty, or condition, or common law all liabilities in respect of any direct, indirect, consequential or special losses or damages arising from your access to Our Site, use of its related service or use of our Service or any other acts arising therefrom. Notwithstanding us being aware of the possibility of such loss or damages, including but not limited to transmission of any viruses (or any material with destructive or harmful effect) which may affect your computer system or device, we shall not be liable to you for any such loss or damages.
- All Contents or Service on Our Site are provided to you on an “as is” and “as available” basis without any express or implied warranty. We do not warrant the information or materials or Contents contained in Our Site are current or accurate or that any products or Service featured on Our Site are available. We reserve the right to change the materials appearing on Our Site at any time without prior notice. We do not endorse any approval or agreement to your or any third party’s opinion, advice or statement made through Our Site, or assume any liability on the reliability and accuracy of the same.
11.Copyright, Trade Marks and Proprietary Rights
The trade marks, logos, designs, graphics, company names, trade names and signs (the “Trade Marks”) displayed on Our Site are either our property or authorized for use by other third party owners. You are prohibited from using any Trade Marks for any purpose including but not limited to as metatag or other indicator or pointer on other web pages or websites on the World Wide Web without our prior written permission. All images, pictures, product’s designs, information, messages and contents (including any software programs) available on or through Our Site are subject to protection of all applicable laws (including but not limited to protection of intellectual property rights) and nothing in this Terms and Conditions confer on you any right or interests over such contents and materials. You are strictly prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any contents available on Our Site for any personal or commercial use or public purposes.
12.Access to Password Protected/Secured Areas
Access to and use of password protected and/or secured areas of Our Site is restricted to authorized users only. If you are not an authorized user, your access or attempt to access such areas shall not be permitted and you may be subject to both civil claims for damages and criminal prosecution.
13.Indemnity
You agree to indemnify and hold us, our officers, employee, agent or other partners harmless from any claim or demand, including reasonable legal fees and expenses, loss, damages, liabilities, costs, made by any third party against us as a result of or arising out of the Content submitted, posted or transmitted by you or your authorized account user, or otherwise made available through Our Site or the Service, your use of the Service, your connection to Our Site, your breach of the Terms and Conditions or your negligence. We have the right to seek remedies available at law and in equity, including the right to block your access to our Site or from a particular internet address to Our Site.
14.General
- If there is any inconsistency or conflict between the English and Chinese versions of these Terms and Conditions, the English version shall prevail (unless otherwise indicated).
- This Terms and Conditions is governed by and shall be construed in accordance with the laws of the Hong Kong. If there is any disputes arising from our Service, Our Site or this Terms and Conditions, you agree to submit to the exclusive jurisdictions of the courts of Hong Kong.
- The Terms and Conditions constitutes the entire agreement between us and govern your use of the Service. The Terms and Conditions supersedes any prior agreements made between us with respect to the Service. You may also be subject to additional terms and conditions that may apply when you purchase some of our products, use other services provided by us, third party content or other third party software.
- The failure of us exercising or enforcing any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions shall be found by the court to be invalid or unenforceable, the remaining provisions of the Terms and Conditions shall remain in full force and effect.
- You agree that your account is non-transferrable. All rights relating to your account or the contents in your account will be automatically terminated upon your death, all contents in your account will be permanently deleted.
- In case of dispute, we shall have the right to make the final decision.
- Any person, firm, company or body who is not a party to this Terms and Conditions has no right under the Contracts (Rights of Third Parties) Ordinance, Chapter 623 of the Laws of Hong Kong to enforce or to enjoy the benefit of any term of this Terms and Conditions.