Restoring Mums Limited Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING THE SERVICE AND/OR THE WEBSITE.
This Agreement describes in detail the terms and conditions by which you must abide in using our services offered by Restoring Mums Limited. If you have any questions, please contact us at [email protected]. The services including but not limited to (i) slimum Treatments (including slimum Tummy, slimum Body, and slimum by Karen), (ii) tummy binding, (iii) scar massage, (iv) Manual Lymphatic Drainage massage, (v) body massage, (vi) blog, (vii) product recommendations, (viii) any other services to be offered from time to time (hereinafter collectively referred to as “the Service”) are provided by Restoring Mums Limited (hereinafter referred to as “Restoring Mums”) and other affiliates. The official sites of Restoring Mums Limited are (i) https://restoringmums.com/, and (ii) http://www.themamapost.com/ (hereinafter collectively referred to as “the Website”). It is your responsibility to review these Terms and Conditions periodically. We may revise these Terms and Conditions at any time without notice to you. Your use of the Service and/or the Website constitutes your agreement to follow and be bound by the Agreement. For this reason, we encourage you to review the Agreement whenever you use any of the Service and/or the Website. All the content of this Agreement will automatically take effect on the day it is published. If you do not agree to these terms and conditions, please do not use the Service and/or the Website.
1. GENERAL RULES
2. USE OF THE SERVICE & THE WEBSITE
3. ACCEPTABLE USE OF THE SERVICE & THE WEBSITE
4. SHARING YOUR CONTENT
5. CONTENT OF WEBSITE
9. BILLING & PAYMENT
11. INTELLECTUAL PROPERTY STATEMENT
12. WARRANTY DISCLAIMER
13. LIMITATION OF LIABILITY
16. GOVERNING LAW AND ARBITRATION
17. MISCELLANEOUS TERMS
1. GENERAL RULES
1.2 Updates To The Terms Of Service. Restoring Mums reserves the right, in its sole discretion, to modify or replace this Agreement from time to time, which shall become effective immediately upon publishing. Your continued use of the Service and/or access to the Website after any such change constitutes your acceptance of the new terms, so you should review this page periodically. If you do not agree to any of these terms or any future terms, you may discontinue use of the Service and/or accessing the Website and terminate your account. When we change the Agreement in a material way, we will update the ‘last updated’ date at the bottom of this page.
2. USE OF THE SERVICE & THE WEBSITE
2.1 Eligibility. Because we respect the rights of children and parents, you may use the Service and/or accessing the Website only if you can form a binding contract with Restoring Mums, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use of the Service and/or the Website by anyone under 18 is strictly prohibited and in violation of this Agreement. Because we respect the Restoring Mums community, the Service and the Website is not available to any Users previously removed from the Service and/or the Website by Restoring Mums. The Service and the Website is provided for your personal, noncommercial use only. You may not use the Service and/or the Website for any commercial purposes. Restoring Mums reserves the right to refuse registration of, or cancel a Restoring Mums User ID or a User account in its sole discretion. When creating your account, you must provide accurate and complete information. We reserve the right to reclaim Restoring Mums User IDs on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
2.2 Registration And Membership. You can enjoy the Service and the Website without registering for a Restoring Mums account. In order to post any User Content or access certain features of the Website, however you must register for an account with Restoring Mums. To register, complete the user survey, use your valid email address and create a password to register your profile. Each time you use your password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with these terms and conditions and Restoring Mums has no obligation to investigate the authorization or source of any such access or use of the Website. At the time of your first order, you will provide shipping and payment information and you become an official member. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the Terms of Service, incorporated into this Agreement. As a member, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter.
2.3 Your Responsibility For Your Account. You are solely responsible for protecting the security and confidentiality of your password and identification. You are also solely responsible for the activity that occurs on or through your account and solely liable for any legal issues that may occur due to activity from your account, and you must keep your account password secure. You must notify Restoring Mums immediately of any breach of security or unauthorized use of your account. Restoring Mums will not be liable for your losses caused by any unauthorized use of your account, and you shall be solely liable for the losses of Restoring Mums or others due to such unauthorized use.
2.5 Your Interaction With Other Users. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Restoring Mums will have no liability for your interactions with other Users, or for any User’s action or inaction. We do not welcome neither do we condone cyber bully, cyber theft, insensitive comments with regard to racial, religious, and political views, nor do we welcome vulgarity. Please be kind to one another.
2.6 Changes To The Service & The Website. At Restoring Mums, we are always innovating and finding ways to provide our Users with natural, new and innovative services and products. Therefore, Restoring Mums may, without prior notice, change the Service and/or the Website; stop providing the Service or features of the Service and/or the Website or features of the Website, to you or to Users generally; or create usage limits for the Service and/or the Website. We may permanently or temporarily terminate or suspend your use of the Service or access to the Website without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this site if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party. Use of the Service and/or the Website for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of Restoring Mums products on any third party e-commerce site, marketplace, or mobile application without specific written consent is prohibited.
2.9 Termination. To cancel your membership or to terminate your account, call Mums Care at +852 6707 3433 or email [email protected]. Restoring Mums may terminate or suspend access to the Website or the use of the Service in whole or in part and/or your Restoring Mums account at any time, with or without cause, with or without notice, effective immediately, including without limitation, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Service and/or the Website will immediately cease. If you wish to terminate your Restoring Mums account, you may discontinue using the Website and/or the Service by sending an email message to: [email protected] with the words “Terminate Account” or “Terminate Service) in the subject field. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
3. ACCEPTABLE USE OF THE SERVICE & THE WEBSITE
We believe Restoring Mums provides Users with an amazing platform to enjoy the restoration of pre-baby figure and wellness from childbirth through the use of the Service and/or through the use of the Website, the discovery, creation, and sharing of inspiring stories, tips, and experiences of motherhood, pre-natal and postpartum related content. To keep Restoring Mums running smoothly for all of our Users, you agree that you will use the Service and/or the Website only in a manner consistent with the following Acceptable Use Policy.
You are responsible for all of your activity in connection with the Service and/or the Website.
3.1 As A Condition Of Use Of The Service, you hereby agree:
a. TO REMAIN FLEXIBLE WITH YOUR SCHEDULE AND TO COLLABORATE AND AGREE WITH RESTORING MUMS IN SCHEDULING IN ORDER TO IDENTIFY THE RELEVANT THERAPIST, THE APPROPRIATE LOCATION, DATE AND TIME WHERE THE SERVICE CAN BE RENDERED;
b. TO HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS & CONDITIONS OF THIS AGREEMENT IN WHOLE AND YOU AGREE VOLUNTARILY TO RELEASE RESTORING MUMS, ITS PARENT COMPANIES, SUBSIDIARIES, DIRECTORS, OFFICERS AND EMPLOYEES, AGENTS, AFFILIATES, CUSTOMERS, VENDORS FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED THROUGH THE USE OF THE SERVICE AND/OR THE WEBSITE.
3.2 As A Condition Of Use Of The Website you hereby agree NOT to use the Website for any purpose that is unlawful or prohibited by this Agreement or applicable laws, or any other purpose not reasonably intended by Restoring Mums, including without limitation:
a. To contribute any User Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, tortious, fraudulent, offensive, or invasive of another’s privacy; that you know to be false, misleading, or untrue; or that otherwise violates any law or right of any third party;
b. To violate any laws in your jurisdiction (including but not limited to copyright laws), or for any illegal or unauthorized purpose. If you are an international User, you agree to comply with all local laws in your use of the Service and/or the Website.
c. To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Users;
d. To create or submit unwanted email or text messages (“Spam”) to any other Users or third parties;
e. With the exception of accessing RSS feeds, use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Service or the Website; or
(iii) bypass any measures we may use to prevent or restrict access to the Service and/or the Website.
f. You will not without the prior express written consent of Restoring Mums, any copying, reproducing, modifying, deriving, distributing or publicly displaying any content of the Website (excluding your personal information);
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.
To report abuse, please email: [email protected].
4. SHARING YOUR CONTENT
4.1 Your Content. Restoring Mums allows you to post content on the Website, including comments, photos, written posts, messages, URLs, video links, and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Website, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.” YOU RETAIN OWNERSHIP OF YOUR USER CONTENT.
4.2 How Restoring Mums And Other Users Can Use Your Content. You own all of the User Content that you post or publish (“post”) on the Website. By submitting User Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable and transferable license to use, reproduce, sell, translate, modify, publicly perform, publicly display, distribute, and make derivative works of your User Content on the Website and in all forms and media now or hereafter known for the purposes of operating and providing the Website to you and our Users. Nothing in this Agreement shall restrict Restoring Mums’ rights under separate licenses to User Content.
4.3 Your Responsibility For Your Content. All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights to your User Content and that any User Content you post does not and will not violate third party rights of any kind, including without limitation any Intellectual Property Rights (defined below), rights of publicity or privacy, or ANY STANDING LAWS IN THE COUNTRIES IN WHICH RESTORING MUMS OPERATES. You shall not upload to, post or otherwise distribute on the Website any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Website, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Restoring Mums is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Restoring Mums shall not be liable for any damages you allege to incur as a result of such User Content. Restoring Mums takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Website.
4.4 Availability Of Content. We do not guarantee that any User Content will be available on the Website. Restoring Mums reserves the right, but is not obligated, to reject, remove, block, edit or modify any User Content that we believe, in our sole discretion, violates the provisions of this Agreement. We may take such action at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all.
4.5 Definition Of Intellectual Property Rights. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
4.6 User Content Programs. We may provide various opportunities and programs relating to User Content on the Website (“User Content Programs”). Some User Content Programs may require you to submit an application to participate, which Restoring Mums may approve or deny in its sole discretion. Your use of the Website, including without limitation participation in any User Content Program, is strictly on a volunteer basis for the benefit of you and the public at large, and does not form an employer-employee relationship, partnership, or co-authorship between you and Restoring Mums. While Restoring Mums may reward you for your participation in a User Content Program, you will not receive any compensation of any type for your participation, and you acknowledge that you are participating in the program solely for your own personal benefit and desire to contribute to the program. You acknowledge and agree that Restoring Mums does not have the right to and shall not control the manner and method in which you may create your User Content. Any suggestions Restoring Mums may make about your User Content are only suggestions, based on our understanding of how Users typically access Content and use the Website. You are not required to implement any suggestion made by Restoring Mums regarding your User Content or to perform any requested activity or task, and you do so at your own volition and risk. You agree that you are the sole author of your User Content, and that Restoring Mums does not participate in the creation of any of your User Content.
5. CONTENT OF WEBSITE
Subject to the terms and conditions of this Agreement, we grant you a limited license to access and use the Website for your personal use, and to copy, distribute, and transmit the content of the Website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Website for your personal use. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, or descriptions; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools. Except as permitted above, the Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Restoring Mums. You may not use any meta tags or any other “hidden text” utilizing Restoring Mums’ name or trademarks without the express written consent of Restoring Mums. Any unauthorized use terminates the permission or license granted by Restoring Mums.
5.1 Restoring Mums Content. Unless specifically indicated, the Website and all the content thereof, including texts, pictures, logos, photos, videos, designs, etc, is exclusively owned, controlled or authorized by Restoring Mums and its licensors (hereinafter referred to as “Restoring Mums Content”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the Restoring Mums Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Restoring Mums Content, including without limitation any materials or content accessible on the Website. Restoring Mums, Slimum, TheMamaPost and other Restoring Mums graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Restoring Mums protected by the laws of the United States and/or other countries or jurisdictions including Hong Kong, The People’s Republic of China. Restoring Mums’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the Restoring Mums Content or materials on the Service and/or the Website for any purpose not expressly permitted by this Agreement is strictly prohibited. The Website and the information on the Website are for personal, not commercial, purposes, and the content of the Website may be downloaded or copied by Users for personal use only. None of the rights and interests in such content is transferred to Users. The Website may contain links to some websites which are out of the control of Restoring Mums and provided for the convenience of Users. The Website takes no responsibility and makes no guarantee for links to such websites.
5.2 Your Feedback. We value Users’ input which we believe will help Restoring Mums in learning of ways to improve and better equipped to serve our Users. You may choose to or we may invite you to submit comments, ideas or feedback about the Service and/or the Website, including without limitation about how to improve the Service or the features of the Service and/or the Website or the features of the Website, or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Restoring Mums under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Restoring Mums does not waive any rights to use similar or related Feedback previously known to Restoring Mums, or developed by its employees, or obtained from sources other than you
When buying goods or services on the Website, please pay attention to the following terms:
8.1 All of your operations on the Website shall meet the requirements of all applicable Hong Kong laws, regulations, ordinances and local laws. If you are under the age of 18, you can only use the Website under the supervision of your parent or guardian.
8.2 The Website tries to show the true colors of products, but does not guarantee that the colors displayed on your computer will be accurate.
8.3 Prices and availability of goods and services are indicated on the Website. Each indicated price includes all applicable tax rates. Freight and collection fee (which is incurred on payment upon check out) will be separately displayed, depending on the delivery means that you choose. Such information may be changed at any time without notice.
8.4 Prices and stock are not contractually confirmed until you receive the confirmation of dispatch sent to the email account provided by you. Any contracts or agreements formed between yourself and Restoring Mums shall be governed and construed according to Hong Kong law and any disputes or proceedings shall be subject to the exclusive jurisdiction of the Hong Kong courts.
8.5 None of the prices, statements and advertisements on the Website constitutes any offer. No contractual relationship exists between you and Restoring Mums before we accept your order. When discovering any significant error in or shortage of the goods or order displayed, Restoring Mums has the right to unilaterally revoke such information or terminate such transaction. Restoring Mums reserves the right to limit the quantities of goods ordered by every User. Such limitations may be specific for orders from the same account and the same delivery address. Restoring Mums reserves the right to limit or forbid orders which are judged by us as placed by distributors or wholesalers.
8.6 Restoring Mums will email or call you informing you of any incident arising after confirming your order, e.g. price rise demanded by supplier, price change caused by tax amount change or by website error, etc, and you may determine whether or not to cancel your order.
8.7 Your placing any order on the Website means you take responsibility for the truth of all the information provided by you in your order. Placing an order means you agree to all the terms and conditions contained in the commodity description, provided that none of such terms and conditions breaches this Agreement or any law or regulation. You have the obligation to complete the transaction with the Website (excluding any transaction forbidden by law or this Agreement). If the order cannot be confirmed or delivered due to any error or incompleteness in the information provided by you, or if you refuse to complete any transaction with the Website without any due cause, Restoring Mums will reserve the right to refuse to deliver your order in question and any subsequent orders.
8.8 For more information with regard to delivery please refer to our Shipping Policy. For cancellation, exchange, and return of goods, please refer to our Returns Policy.
8.9 The Website’s information on descriptions of goods, services, prices, promotions and availability may occasionally be unintentionally incorrect, inaccurate or misleading. Restoring Mums reserves the right to correct such information at any time and change, update or cancel orders (including orders already placed by Users) without any prior notice. Restoring Mums makes no guarantee or warranty that the product reviews on the Website are accurate. All content and ratings are provided on a strictly as is basis and Users must use their own judgment when deciding which products to purchase. Whilst we make every effort to ensure that product and price details are correctly displayed on the Website, we cannot be held responsible for their accuracy. It is your responsibility to ensure that prior to placing an order you have checked the details of the products you order as they may have changed since you last viewed them on our Website. In the event that a product is mistakenly listed at an incorrect price, Restoring Mums reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. All products and services displayed on the Website are subject to availability. If your credit card has already been charged for the purchase and your order is canceled, Restoring Mums shall immediately issue a credit to your credit card account in the amount of the charge.
9. BILLING & PAYMENT
We accept the following credit cards at this time: Visa, MasterCard, American Express via PayPal. For your convenience, we will save your credit card information. You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge during the month until the transaction is approved. If we are unable to complete your charge, Mums Care may contact you directly to update your account information. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RESTORING MUMS, ITS PARENT COMPANIES, SUBSIDIARIES, DIRECTORS, OFFICERS AND EMPLOYEES, LICENSORS, AGENTS, AFFILIATES, CUSTOMERS, VENDORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES AND COST) ARISING FROM: (I) YOUR USE OF THE SERVICE AND/OR THE WEBSITE (INCLUDING THE NEGLIGENT OR WRONGFUL CONDUCT); (II) YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY OR INTELECTUAL PROPERTY RIGHTS; (IV) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGUATIONA; (V) ANY CLAIM OR DAMAGES THAT ARISE AS A RESULT OF ANY OF YOUR USER CONTENT OR ANY THAT IS SUBMITTED VIA YOUR ACCOUNT OR RESTORING MUMS USER ID.
11. INTELLECTUAL PROPERTY STATEMENT
Any copyrights, patent rights, trademarks, commercial secrets and other ownerships and rights relating to the Service and/or the Website provided on the Website belong to Restoring Mums, its suppliers, vendors, agents, employees, officers, subsidiaries, members or affiliates. All items on the Website are copyrighted by Restoring Mums. This copyright extends to text and graphics, the selection, arrangement and presentation of all materials, and the overall design of the Website. You are prohibited from reproduction or republication of the Website content without prior written permission. The Website may also contain valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by other companies who have authorized their use on the Website only. Unless agreed by Restoring Mums, no individual or entity shall download, reproduce, transmit, edit or otherwise use any of such copyrights, patent rights, trademarks, commercial secrets and other ownerships and rights, failing which the individual or entity shall bear all the legal consequences. The Website owns all the data stored in the server of the Website.
12. WARRANTY DISCLAIMER
12.1 RELEASE OF RESTORING MUMS FROM LIABILITY. YOU ACKNOWLEDGE THAT WE HAVE NO DUTY TO TAKE ANY ACTIONS REGARDING: (I) WHICH USERS GAIN ACCESS TO THE SERVICE AND/OR THE WEBSITE; (II) WHICH CONTENT YOU ACCESS VIA THE WEBSITE; OR (III) HOW YOU MAY INTERPRET OR USE THE CONTENT, THE PRODUCTS, AND/OR THE SERVICE.
YOU AGREE TO RELEASE AND FOREVER DISCHARGE RESTORING MUMS, ITS PARENT COMPANIES, SUBSIDIARIES, DIRECTORS, OFFICERS AND EMPLOYEES, LICENSORS, AGENTS, AFFILIATES, CUSTOMERS, VENDORS FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED THROUGH THE USE OF THE SERVICE AND/OR THE WEBSITE.
12.2 NO WARRANTY. THE SERVICE AND THE WEBSITE, INCLUDING ALL CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE AND/OR THE WEBSITE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RESTORING MUMS, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SERVICE AND/OR THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE AND/OR THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE AND/OR THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE AND/OR THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.
RESTORING MUMS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RESTORING MUMS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RESTORING MUMS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RESTORING MUMS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY (I) WITH RESPECT TO THE SERVICE AND/OR THE WEBSITE OR ANY CONTENT THEREON FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) US$100 (HKD775), EVEN IF RESTORING MUMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL RESTORING MUMS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR THE USE OF OUR SERVICE OR THE USE OF OUR PRODUCTS OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
The technology underlying, and the entire contents of the Website and the Service, including but not limited to text, graphics, images, audio clips, digital downloads, data compilation, and code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Restoring Mums and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Restoring Mums. Copyright 2014, Restoring Mums Limited. All rights reserved.
All trademarks, service marks, and trade names of Restoring Mums and the Service and the Website are trademarks or registered trademarks of Restoring Mums, or of their respective owners.
16. GOVERNING LAW AND ARBITRATION
16.1 Governing Law. You agree that: (i) the Service and the Website shall be deemed solely based in Hong Kong; and (ii) the Service and the Website shall be deemed a passive one that does not give rise to personal jurisdiction over Restoring Mums, either specific or general, in jurisdictions other than Hong Kong. This Agreement shall be governed by the internal substantive laws of the Hong Kong judiciary, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a court, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.
16.2 Arbitration. For any dispute with Restoring Mums, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Restoring Mums has not been able to resolve a dispute with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Restoring Mums claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Hong Kong International Arbitration Center (HKIAC). Each party will be responsible for paying any HKIAC filing, administrative and arbitrator fees in accordance with KHIAC rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND RESTORING MUMS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17. MISCELLANEOUS TERMS
17.1 No Agency; Waiver. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Restoring Mums in any respect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
17.2 Notification. Restoring Mums may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, “push” notification on your mobile device, written or hard copy notice, or through posting of such notice on the Website, as determined by Restoring Mums in our sole discretion. Restoring Mums reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. Restoring Mums is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add [email protected] to your email address book to help ensure you receive email notifications from us.
17.3 Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Restoring Mums in connection with the Service and/or the Website, shall constitute the entire agreement between you and Restoring Mums concerning the Service and/or the Website. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
17.4 Assignment. This Agreement is not assignable, transferable or sub-licensable by you except with Restoring Mums’ prior written consent. Restoring Mums may transfer, assign or delegate this Agreement and any of our rights and obligations without consent.
17.5 Contact. Please contact us at [email protected] with any questions regarding this Agreement.
17.6 Spending Referral Credit. Referral Credit is valid for 12 months from issuance. Your Referral Credit is automatically applied to your purchases at checkout in the order in which they expire (i.e., first to expire will be applied first). You can check the amount of credits you have earned and their associated expiration dates at any time by visiting the Invites section in My Account.
17.7 Prohibitions And Cancellation Of Referral Credit. Referral Credits are issued to a single Restoring Mums account holder at our discretion and cannot be transferred between accounts or between Users. Credits cannot be bartered, exchanged, or sold. Referral Credit is a promotional offer and is not a payment instrument; they credits are issued without any exchange of money or value from you and you have no vested property right or interest in them. Referral Credits have no cash value by themselves; they are only deemed to have a notional cash value of HK$20 if they are used in connection with an eligible purchase on the Site. Restoring Mums reserves the right to limit or cancel your Referral Credits in its sole discretion if it determines that you have violated these terms or the remainder of these Terms of Service , including through your fraudulent or misleading referral activity (for example, by inviting fake people to join Restoring Mums, using false names, using multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information to us) or if we terminate your account for any reason. You may also be liable for civil and/or criminal penalties under applicable law.
17.8 Changes To Referral Credit Terms. Restoring Mums reserves the right in its sole discretion at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of Referral Credits. Such changes may include without limitation, how you may earn and spend Referral Credits, how long Referral Credits last, minimum purchase amounts with which Referral Credits may be used and the lifetime maximum amount of Referral Credits that you may earn.
17.10 Gift Card Redemption. In order to make a purchase with a Restoring Mums gift card, the user must first have a Restoring Mums account and must visit www.restoringmums.com to redeem that gift card towards the purchase of eligible Restoring Mums’ products. Each purchase amount will be deducted from the gift card total credit balance until that balance equals zero. If an order exceeds the amount of total available credit on the gift card, the remaining balance must be paid with a credit card.
17.11 Gift Card Expiration. Your Restoring Mums gift card has no expiration date.
17.12 Gift Card Limitations. Gift cards cannot be used to purchase other Restoring Mums gift cards nor can they be reloaded, resold, transferred for value, redeemed for cash or applied to any other account.
17.13 Gift Card Refunds. Gift card purchases cannot be refunded.
17.14 Gift Card Risk of Loss. The risk of loss and title for gift cards passes to the purchaser upon our electronic transmission to the purchaser or recipient, or delivery to the carrier, whichever is applicable. We are not responsible if a gift card is stolen, destroyed, or used without your permission.
17.15 Gift Card Fraud. Restoring Mums reserves the right to close member accounts and request alternative forms of payment if a fraudulently obtained gift card is redeemed and/or used to make purchases on the Website.
This Agreement was last updated 24 October 2014
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