TERMS AND CONDITIONS OF USE
Linnovate Partners Ltd. (“Linnovate” or “We”) welcome you to visit our website (www.eshhop.com, the “Website”). By using our website, you agree to be bound by the following terms and conditions concerning your use of the Website (“Terms and Conditions of Use”) and our Privacy Policy. Linnovate may revise the Terms and Conditions of Use and/or its Privacy Policy at any time without prior notice to you, by posting a revised Terms and Conditions of Use on its Website.
By accessing this Website, you agree to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. All documents and information on this Website are protected by applicable copyright and trademark law. Except as specifically permitted herein, no portion of the documents or information on this Website may be reproduced in any form or by any means without the express written consent of Linnovate. Nothing on this Website shall be construed as conferring any license under any of Linnovate’s or any third party’s intellectual property rights.
Content and Liability Disclaimer
All Linnovate and third party information provided on this Website is provided on an “as is” basis. Linnovate shall not be responsible for any errors or an omission contained on this Website, and reserves the right to make changes anytime without notice. Mention of non-Linnovate products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by Linnovate. LINNOVATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS OR SERVICES) PROVIDED ON THIS WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In no event shall Linnovate be liable for any damages whatsoever, and in particular Linnovate shall not be liable for direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use this Website, any Linnovate product or service, this includes damages arising from use of or in reliance on the documents or information present on this Website (including any information posted or placed by anyone other than Linnovate), even if Linnovate has been advised of the possibility of such damages.
LINNOVATE MAKES NO WARRANTY THAT: (A) THE WEBSITE, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, PRODUCTS OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. LINNOVATE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, COMPUTER VIRUSES, OR THE USE OF THE WEBSITE, PRODUCTS OR SERVICES IN ANY MANNER. IN ADDITION, LINNOVATE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS OR USE BY ANYONE OF ANY INFORMATION OR DATA PUT ON THE CFI WEBSITE BY YOU.
Information Provided to Linnovate Website
Any information provided to Linnovate in connection with the Website shall be provided by the submitter and received by Linnovate on a non-confidential basis. Such information shall be considered non-confidential and the property of Linnovate. By submitting any such information to Linnovate, you agree to a no-charge assignment to Linnovate of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. Linnovate shall be free to use such information on an unrestricted basis.
Communication and Activities on Our Site
You agree not to upload, email, post, publish or otherwise transmit through our website any content that (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another’s rights, including but not limited to intellectual property rights; (f) constitutes unsolicited advertisement, solicitation, bulk e-mail, “junk mail,” “spam” or chain letters; or (g) violates any applicable laws or regulations. You will not disrupt the functioning of our website, solicit another user’s password, or otherwise act in a way that interferes with other Linnovate customers’ use of our website.
Trademarks
The trademarks, logos, and service marks (collectively “Trademarks”) appearing on our website are the property of Linnovate and other parties. Nothing contained on the Website should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark.
Third Party Websites, Content, Products & Services
Linnovate’s Website may provide links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of our Website. You agree that Linnovate is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other policies before you use them. You agree that Linnovate is not responsible for third party content accessible through our Website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Linnovate is not responsible for (a) the quality of third party products or services; or (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Linnovate is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Passwords and Security
You are responsible for maintaining the confidentiality of any user name(s) and password(s) you are given to access the Website, and are fully responsible for all activities that occur under your user name(s). You agree to notify Linnovate immediately of any unauthorized use of your user name(s) or password(s). No data transmission over the Internet can be guaranteed to be 100% secure. Although Linnovate is committed to protecting your personal information, Linnovate cannot ensure or warrant the security of any information you send to Linnovate, and you send such information at your own risk.
Revisions and Errata
The materials appearing on the Website could include technical, typographical, or photographic errors. Linnovate does not warrant that any of the materials on its Website are accurate, complete, or current. Linnovate may make changes to the materials contained on its Website at any time without notice. Linnovate does not, however, make any commitment to update the materials.
Modifications
Linnovate may revise these Terms and Condition of Use for its Website at any time without notice. By using this Website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Termination of Use
You agree that Linnovate may, in its sole discretion and at any time, and for any or no reason, terminate your access to the Website, any specific product(s) and any account(s) you may have in connection with our website. Access to and use of the Website may be monitored by Linnovate.
Control of Our Site
Linnovate may set limits regarding the services provided through its Website, including but not limited to limits on the amount of storage, the length of time stored materials are retained, and the amount of bandwidth used at any one time. We are not liable for the deletion or loss of any data or other information from the Website. We may terminate or change your user name, password, account, or use of all or any part of the Website and we may remove any content within the Website without notice and for any reason. You may not access, download, use or export information (including any software, products or services) contained on this Website in violation of any applicable laws or regulations.
Indemnity
You agree to defend, indemnify and hold harmless Linnovate, its subsidiaries and affiliated corporations and entities, or any of their officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of Linnovate’s Website and/or any product or service.
Privacy Policy and Confidentiality
Linnovate is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current Privacy Policy at www.eshhop.com. With the exception of content of the Website as set out in the Privacy Policy, we will keep your confidential information in confidence. Conversely, to the extent that you learn any confidential information concerning Linnovate, which is not intended for public disclosure, you will keep that information confidential until it is public, and agree not to use said information outside the scope of these Terms and Conditions of Use.
General Terms and Applicable Laws
These Terms and Conditions of Use, as well as any Agreement or Addenda signed by you and Linnovate, constitute the entire agreement between you and Linnovate and govern your use of the Website and all products and services, superseding any prior agreements, oral or written, including but not limited to any prior oral or written agreements with Linnovate, business partner or affiliate. Linnovate’s failure to enforce any right under the Terms and Conditions of Use will not waive that right. If any provision of the Terms and Conditions of Use is invalid, the Terms and Conditions of Use should be interpreted to affect the intent of the parties, and the remaining provisions will stay in effect. The Agreement entered into is unique to you and Linnovate, and is not for the benefit of any third party. You must file any claim or suit related to this Website or your use of any product or service, within one year after the claim arises. All matters relating to your access to or use of any Linnovate Website shall be governed by the laws of Hong Kong. Any dispute, controversy, difference or claim arising out of or relating to the use of this Website or these Terms And Conditions of Use, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
Equitable Relief
You acknowledge that any violation of this Agreement shall cause irreparable injury to Linnovate, which damage may be difficult to calculate, and shall entitle Linnovate to extraordinary and equitable relief, including but not limited to temporary restraining orders and preliminary and permanent injunctions, waiving (where you are permitted to do so) any requirement for the posting of a bond or security.
General Terms and Applicable Laws
If you have any questions regarding these Terms and Conditions of Use, our Privacy Policy or any other issue, please contact Linnovate at info@eshhop.com.
