ÔLAVIE Terms and Conditions

Acceptance of the Terms & Conditions

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

[You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.]

[This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to ÔLAVIE’s use of cookies in accordance with the terms of ÔLAVIE’s privacy policy.]

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ÔLAVIE’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without ÔLAVIE’s express written consent.

Restricted access

Access to certain areas of this website is restricted. ÔLAVIE reserves the right to restrict access to other areas of this website, or indeed this entire website, at ÔLAVIE’s discretion.

ÔLAVIE may disable your user ID and password in ÔLAVIE’s sole discretion without notice or explanation.

If ÔLAVIE provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to ÔLAVIE a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to ÔLAVIE the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or ÔLAVIE or a third party (in each case under any applicable law).

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

ÔLAVIE reserves the right to edit or remove any material submitted to this website, or stored on ÔLAVIE’s servers, or hosted or published upon this website.

Not withstanding ÔLAVIE’s rights under these terms and conditions in relation to user content, ÔLAVIE does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Transactions between buyers and suppliers

Through the website, ÔLAVIE provides an electronic web-based platform for transactions between buyers and suppliers of products and services. ÔLAVIE does not represent the seller or the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, ÔLAVIE does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the website or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.

Users are hereby made aware that there may be risks of dealing with people acting under false pretences. ÔLAVIE uses several techniques to verify the accuracy of the information our users provide us when they register on the website. However, because user verification on the Internet is difficult, ÔLAVIE cannot and does not confirm each user’s purported identity. ÔLAVIE encourages users to use the various tools available on the website, as well as common sense, to evaluate with whom you are dealing.

Each user acknowledges that it is fully assuming the risks of purchase and sale transactions when using the website to conduct transactions, such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Each user agrees that ÔLAVIE shall not be liable or responsible for any damage that may arise a result of or in connection with any of the abovementioned transaction risks.

Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the website, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

In the event that any user has a dispute with any party to a transaction, such user agrees to release and indemnify ÔLAVIE (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. ÔLAVIE makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, ÔLAVIE does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

ÔLAVIE will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if ÔLAVIE has been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, ÔLAVIE has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ÔLAVIE’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ÔLAVIE’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ÔLAVIE.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify ÔLAVIE and undertake to keep ÔLAVIE indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ÔLAVIE to a third party in settlement of a claim or dispute on the advice of ÔLAVIE’s legal advisers) incurred or suffered by ÔLAVIE arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to ÔLAVIE’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ÔLAVIE may take such action as ÔLAVIE deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

ÔLAVIE may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

ÔLAVIE may transfer, sub-contract or otherwise deal with ÔLAVIE’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and ÔLAVIE in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the Law of Hong Kong Special Administrative Region, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.

Intellectual Property

Unless otherwise stated, ÔLAVIE and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

PRIVACY POLICY

This is the Privacy Policy governing your use of the ÔLAVIE Site and Applications. By using this Site and Applications, you consent to our Privacy Policy set out below. All terms not defined in this document have the meanings ascribed to them in the Terms of Use Agreement between you and ÔLAVIE which by use of the Site and Applications you agree to accept.

1. The Information We Collect
1 Registration Information. At the time you register to become a Registered User of the Applications, you will be asked to fill out a registration form which requires you provide information such as your name, address, phone, email address and other personal information as well as information about your business (“Registration Information”).
2 Publishing Information. If you submit any information to ÔLAVIE to be published on the Applications through the publishing tools, including but not limited to Company Profile, Product Catalog, Trade Leads, personal Profile and any discussion forum, then you are deemed to have given consent to the publication of such information (“Publishing Information”).
3 Payment Information. If you establish a credit account with us or our providers or if you purchase a product or service from ÔLAVIE or a vendor available through ÔLAVIE , we may collect additional information, including billing information, credit card numbers and expiration dates and tracking information from cheques or money orders (“Payment Information”).
4 Statistical Information. In addition, we gather aggregate statistical information about our Applications and Users, such as IP addresses, browser software, operating system, pages viewed, number of sessions and unique visitors, etc. (“Statistical Information”).
5 Registration Information, Publishing Information, Payment Information, Statistical Information and any information we may collect from you through the use of cookies (see Section 5 below) or any other means shall collectively be referred to as “Collected Information”.

2. How We May Use Information
1 General. We use your Collected Information to improve our marketing and promotional efforts, to statistically analyze application usage, to improve our content and product offerings and to customize our Applications’ content, layout and service specifically for you. We may use your Collected Information to service your Account with us, including but not limited to investigating problems, resolving disputes and enforcing agreements with us. We do not sell, rent, trade or exchange any personally-identifying information of our Users. We may share certain aggregate information based on analysis of Collected Information with our partners, customers, advertisers or potential Users. We may use your Collected Information to execute marketing campaigns, promotions or advertising messages on behalf of third parties; however, in these circumstances, your Collected Information will not be disclosed to such third parties unless you respond to the marketing, promotion or advertising message.
2 Registration Information. We may use your Registration Information to provide services that you request or to contact you regarding additional services about which ÔLAVIE determines that you might be interested. Specifically, we may use your email address, mailing address or phone number to contact you regarding notices, surveys, product alerts, new service or product offerings and communications relevant to your use of our Applications. We may generate reports and analysis based on the Registration Information for internal analysis, monitoring and marketing decisions.
3 Publishing Information. All of your Publishing Information will be publicly available on the Applications and therefore accessible by any internet user. Any Publishing Information that you disclose to ÔLAVIE becomes public information and you relinquish any proprietary rights (including but not limited to the rights of confidentiality and copyrights) in such information. You should exercise caution when deciding to include personal or proprietary information in the Publishing Information that you submit to us.
4 Payment Information. ÔLAVIE will share your Payment Information with banks or vendors relevant to the transaction in order to enable transactions to be completed. In addition, ÔLAVIE may use Payment Information to determine your credit-worthiness and, in the process of such determination, ÔLAVIE may make such Payment Information available to banks or credit agencies. Any credit card information that you provide through the Applications is directly submitted to a payment server of the credit card processing bank. ÔLAVIE does not maintain electronic or physical copies of your credit card information. While ÔLAVIE has in place up-to-date technology and internal procedures to guard your Payment Information against intruders, there is no guarantee that such technology or procedure can eliminate all of the risks of theft, loss or mis-use. ÔLAVIE shall not be liable to you or any other person for any damages that might result from unauthorized use, publication, disclosure or any other mis-use of Payment Information, including credit card information.
5 Statistical Information. We use Statistical Information to help diagnose problems with and maintain our computer servers, to manage our Applications, and to enhance our Applications and services based on the usage pattern data we receive. We may generate reports and analysis based on the Statistical Information for internal analysis, monitoring and marketing decisions. We may provide Statistical Information to third parties, but when we do so, we do not provide personally-identifying information without your permission.

3. Disclosure of Information
1 We reserve the right to disclose your Collected Information to relevant authorities where we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be infringing or threatening to infringe, or who may otherwise be causing injury to or interference with, the title, rights, interests or property of ÔLAVIE, our Users, customers, partners, other web site users or anyone else who could be harmed by such activities.
2 We also reserve the right to disclose Collected Information in response to a subpoena or other judicial order or when we reasonably believe that such disclosure is required by law, regulation or administrative order of any court, governmental or regulatory authority.
3 If we have reason to believe that a User is in breach of the Terms of User Agreement or any other agreement with us, then we reserve the right to make public or otherwise disclose such User’s Collected Information in order to pursue our claim or prevent further injury to ÔLAVIE or others.

4. Co-Branded Relationships
We have established relationships with other parties to offer you the benefit of other products and services which we ourselves do not offer. We offer you access to these other parties either through the use of hyperlinks to their sites from our Site and Applications, or through offering “co-branded” sites in which both ourselves and these other parties share the same uniform resource locator, domain name or pages within a domain name on the Internet. In some cases you may be required to submit information for purposes of registering or applying for products or services provided by such third parties or co-branded partners. The privacy policy of such other parties may differ from ours, and we may not have any control over the information that you submit to such third parties or co-branded sites. We therefore encourage you to read that policy before responding to any offers, products or services provided by such other parties.

5. Cookies
1 We use “Cookies” to store specific information about you and track your visits to our Site. It is not uncommon for web sites to use cookies to enhance identification of their users. A “cookie” is a small amount of data that is sent to your browser and stored on your computer’s hard drive. A cookie can be sent to your computer’s hard drive only if you access our Site using the computer. If you do not de-activate or erase the cookie, each time you use the same computer to access our Site, our web servers will be notified of your visit to our Site and in turn we may have knowledge of your visit and the pattern of your usage. Generally, we use cookies to identify you and enable us to access your Registration Information, Publishing Information or Payment Information so you do not have to re-enter it; gather statistical information about usage by Users; research visiting patters and help target advertisements based on User interests; assist our partners to track User visits to the Site and process orders; and track progress and participation in promotions.
2 You can determine if and how a cookie will be accepted by configuring your browser’s which is installed in the computer you are using to access the Site. If you desire, you can change those configurations in your browser. By setting your preferences in the browser, you can accept all cookies, you can be notified when a cookie is sent, or you can reject all cookies. If you reject all cookies by choosing the cookie-disabling function in your browser, you may be required to re-enter your information on our Site more often and certain features of our Site may be unavailable.

6. Minors
The Site and Applications and their contents are not intended to be targeted to minors under applicable law and we do not intend to sell any of our products or services to minors. However, we have no way of distinguishing the age of individuals who access our Site and Applications and so we carry out the same Privacy Policy for individuals of all ages. If a minor has provided us with personal information without parental or guardian consent, the parent or guardian should contact us to remove the information.

7. Security Measures
1 We employ commercially reasonable security methods to prevent unauthorized access, maintain data accuracy and ensure correct use of information.
2 As a Registered User, your Registration Information, Publishing Information and Payment Information (if any) can be viewed and edited through your Account which is protected by Password. We recommend that you do not divulge your Password to anyone. Our personnel will never ask you for your Password in an unsolicited phone call or in an unsolicited e-mail. If you share a computer with others, you should not choose to save your log-in information (e.g., User ID and Password) on the computer. Remember to sign out of your Account and close your browser window when you have finished your session.
3 No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secured. As a result, while we try to protect your information, no web site or company, including ourselves, can absolutely ensure or guarantee the security of any information you transmit to us and you do so at your own risk.

8. Changes to Privacy Policy
Any changes to this Privacy Policy will be communicated through our posting an amended and restated Privacy Policy on our Site and in our Applications. Our posting the amended and restated Privacy Policy will make such new Privacy Policy immediately effective. You agree that all Collected Information (whether or not collected prior to or after the new policy became effective) will be governed by the newest Privacy Policy then in effect. If you do not agree to the new changes in our Privacy Policy, you should contact ÔLAVIE in writing (at the address set out in the Notice provision of the Terms of Use Agreement) and specifically request that ÔLAVIE return and/or destroy all copies of all or part of your Collected Information in ÔLAVIE’s possession. This Privacy Policy was last amended on June 20, 2017.

9. Your feedback
ÔLAVIE welcomes your continuous input regarding our Privacy Policy or our services provided to you. You may send us your comments and responses to our Weibo Wechat official account.