(Effective from November 2023)
1.2. We technically operate the Platform. However, we exercise no editorial control over some of the content on the Platform and in some cases other persons provide the Content on the Platform or operate parts of the Platform or other internet sites/platforms you may view or access through the Platform (“Third Party Providers”).
1.3. We may revise these Terms from time to time. The revised Terms will take effect when they are published.
2.1. You may be required to register with us in order to become a member of the Platform, or post user general content, or access certain parts of the Platform (“Sub-Portals”). Where you are required to register:
2.1.1. you must provide us with accurate, complete and updated registration information;
2.1.2. you must safeguard any username and password which we provide to you;
2.1.3. you authorise us to assume that any person using the Platform with your username and password is either you or is authorised to act for you; and
2.2. you should be sixteen (16) years of age or older, or those who are between sixteen (16) years and eighteen (18) years of age but obtained consent from your guardian & parents and it is a violation of these Terms for anyone under 16 to register for the Platform. You represent and warrant that you are 16 or older, or between sixteen (16) years and eighteen (18) years of age but obtained consent from your guardian & parents. Your account may be deleted without warning if you misrepresent your age.
2.3. You acknowledge that your use of some Sub-Portals may be governed by additional Terms & Conditions. Where this is the case, you will be notified accordingly, and those additional Terms and Conditions:
2.1.1. will apply to your use of such Sub-Portals in addition to these Terms; and
2.1.2. will prevail over these Terms to the extent of any inconsistency.
3.1. You acknowledge that we may, in our sole discretion and with or without notice:
184.108.40.206. vary the Platform or any part of the Platform (including any Sub-Portals for which you are required to register);
220.127.116.11. modify or discontinue this Platform or any part of the Platform and the services available on it.
4. Platform Content
4.1. All intellectual property on the Platform is owned by Swire Resources or its subsidiaries, affiliates, or licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Swire Resources name and logo) are owned and registered by Swire Resources. All content on the Platform including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the copyright laws of Hong Kong and other countries and is the proprietary property of Swire Resources; All rights reserved. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Swire Resources trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Platform, without Swire Resources’ prior written consent. The use of Swire Resources trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Platform in any external Internet site or the creation of links, hypertext or hyperlinks between the Platform and any other Internet site, is prohibited without the express written consent of Swire Resources.
4.4. Purchase for resale is not permitted. The Platform is intended solely for Swire Resources to sell products direct to end consumers. Purchase for resale means the purchase of product by someone who resells, or intends to resell, the Swire Resources product to others (consumers, businesses or any third party). If Swire Resources believes you are involved in purchase for resale, we reserve the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your Platform account.
4.5. You agree that Swire Resources can cancel your order (and, if applicable, refund the relevant payment through your original payment platform), without any compensation under the following circumstances:
- You have reached an agreement with Swire Resources;
- Information of the product on the Swire Resources website is obviously erroneous or the product is out of stock;
- Your order information is obviously erroneous or your quantity exceeds the stock;
- Pricing errors;
- Platform technical problems;
- Due to force majeure, transportation delay, system failure or third-party attacks of the Swire Resources website, and other circumstances beyond the control of Swire Resources and it is necessary to cancel your order;
- You fail to complete payment within the specified time;
- Swire Resources finds that you used scripts, robots, plug-in software or other technologies to hack the Swire Resources network to purchase Swire Resources products, which may affect the normal purchasing activities or rights and interests of other users or affect the orderly sale of Swire Resources products. Swire Resources reserves all rights to take all necessary legal actions to protect its rights and interests;
- The purpose of purchasing Swire Resources products is for resale;
- Using others’ accounts or identities to purchase;
- Swire Resources finds that the purchase evades the sale rules for special edition products (for example, purchase of more than one special edition product of the same model by one purchaser; use of the same debit card, credit card, bank account or third-party payment account to make the payment by multiple purchasers; multiple orders shipped to the same address, etc.);
5. Third Party Providers
5.1. You acknowledge that:
5.1.1 parts of the Platform, and parts of the Content, are provided or maintained by Third Party Providers and not by us.
5.1.2 Your correspondence or dealings with any Third Party Provider are solely between you and that Third Party Provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings.
6. Links and Advertisements
6.1. We have not reviewed all of the Platforms linked to this Platform and are not responsible for the content or accuracy of any off-Platform pages or any other Platforms linked to this Platform (including without limitation platforms linked through advertisements or through any search engines).
6.2. Some links which appear on the Platforms are automatically generated and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked platform, and you use the links at your own risk.
6.3. Your correspondence or dealings with, or participation in promotions of, advertisers on the Platform are solely between you and such advertisers.
6.4. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Platform.
7. Personal Data and Cookies
7.2. We use third-party advertising companies to serve ads on our Website and other websites. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other websites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you.
8. The Use of the Platform Is at Your Risk
8.1. You use the Platform at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. All information provided on or via the Platform is for information purposes only. You should seek your own independent advice with respect to any Content.
8.2. We are endeavor to provide a convenient and functional Platform, but we do not guarantee that the Content will be error free or that the Platform or the server that operates it is free of viruses or other harmful components.
8.3. Although we will use reasonable endeavors to maintain the Content, we do not undertake to provide support or maintenance services for the Content.
8.4. If your use of the Platform results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
8.5. Without limiting the above provisions, everything on the Platform is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law or jurisdiction.
8.6. If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph 8.5 but allows limitations of a certain maximum extent, then we limit our warranties to that extent.
9. Limitation of Liability
9.1. We will accept no liability whatsoever for any direct, incidental, consequential or indirect damages, loss or corruption of data, profits, goodwill, bargain, opportunity, anticipated savings or any other loss resulting from your access to, reliance on, use of, or inability to use the Platform and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
9.2. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph 9.1 but allows a limitation of a certain maximum extent, then our liability is limited to that extent.
10.1. Where you are required to register with us, you may cancel such registration at any time by notifying us in writing at:
Swire Resources Limited
Tel: (852) 2310 6888
Address: 12/F, Kingston International Centre, 19 Wang Chiu Road, Kowloon Bay, Hong Kong
10.3. The provisions of these Terms entitled “Use of the Platform is at Your Risk”, “Limitation of Liability”, and “General Provisions” will survive cancellation of your registration or termination of these Term of Use.
11. General Provisions
11.4. The English version of these Terms & Conditions shall prevail over any Chinese version, which is provided for information purposes only.