Last Updated: February 1, 2022
THE TERMS REQUIRE ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS (EACH, A “CLAIM”). PLEASE REVIEW SECTION 18.
You represent and warrant that you are: (i) over eighteen years of age or the age of majority in your jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction. If we discover or have any reason to suspect that you are not at least eighteen years of age or otherwise unable to accept and agree to these Terms, we reserve the right to suspend or terminate your access to the Service immediately and without notice.
Kingfisher reserves the right to change the Terms at any time upon notice to you. Kingfisher may give notice by making the updated Terms available in the Service or by any other reasonable means. You can access and review the most current version of the Terms at any time at: https://kingfisher-mx.com/privacy-policy. The updated Terms are binding on you as of the next date that you use the Service after the date of updated Terms. If you do not agree to the updated Terms, you must stop using the Service. Your continued use of the Service after the effective date posted at the top of the Terms will constitute your acceptance of the updated Terms.
(a) Kingfisher grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) access and view pages from the Service, including the Content, for your personal, non-commercial use only; and (ii) print a reasonable number of such pages for your personal, non-commercial use only.
(b) All rights granted to you under this Terms are subject to your compliance with the Terms in all material respects. Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by Kingfisher.
(c) Kingfisher owns or has obtained all rights to the Site and the Service and all features, including all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”).
You are solely responsible for any data, usage and other charges assessed by mobile, cable, internet or other communications services providers for your access to and use of the Service. Some features of the Service are free to use, but fees may apply for memberships, premium features and other components. If there is a fee listed for any portion of the Service, by accessing or using that portion, you agree to pay the fee.
In connection with your access to or use of the Service, you shall not:
(a) upload, post, email, transmit or otherwise make available any Content that:
(i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable;
(ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
(iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
(iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation
(v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or
(vi) consists of information that you know or have reason to know is false or inaccurate.
(b) impersonate any person or entity, including, but not limited to, Kingfisher personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service;
(d) act in a manner that negatively affects the ability of other users to access or use the Service;
(e) take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;
(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(g) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Service or substantially download, reproduce or archive any portion of the Service;
(h) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password; or
(i) violate any applicable local, state, provincial, federal or international law or regulation.
If you elect to provide or make available to Kingfisher any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), Kingfisher shall be free to use, reproduce, modify, adapt, create derivative works from, distribute, make, assign, or otherwise grant rights in your Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.
Kingfisher reserves the right at any time to modify, suspend or discontinue the Service (or any portion thereof) with or without notice, and Kingfisher shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
You will indemnify and hold Kingfisher and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “Kingfisher Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys’ fees, resulting from or arising out of your: (a) access to or use of the Service; (b) violation of the Terms or any law or regulation; or (c) violation of any rights of another party.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND KINGFISHER PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Kingfisher parties make no warranty and provide no conditions that: (a) the service will meet your requirements; (b) access to the service will be uninterrupted, timely, secure or error-free; or (c) the information and any results that may be obtained from access to or use of the service will be accurate, reliable, current or complete.
Without limiting the generality of the disclaimers above, all content made available through the Service is made available for informational purposes only. You are solely responsible for confirming the accuracy of all information before relying upon the information or taking or omitting any action.
To the maximum extent permitted by applicable law, you acknowledge and agree that Kingfisher parties shall not be liable for any lost profits or indirect, incidental, special, exemplary, punitive or consequential damages, including, but not limited to, damages arising from any type or manner of commercial, business or financial loss, even if Kingfisher parties had actual or constructive knowledge of the possibility of such damages and regardless of whether such damages were foreseeable. To the maximum extent permitted by applicable law, in no event shall Kingfisher parties’ total liability to you for all claims arising from or relating to the Terms or your access to or use of (or inability to access or use) the service exceed fifty dollars ($50).
To the maximum extent permitted by applicable law, you acknowledge and agree that your use of the service may involve known and unanticipated risks that could result in property damage, bodily injury or death, including, but not limited to, risks that may arise from the acts of others and other risks beyond the control of Kingfisher. You assume all such risks and all related damages and losses, whether caused in whole or in part by any act or omission of Kingfisher parties. You voluntarily release, waive, discharge and hold harmless Kingfisher parties from any and all claims, demands or causes of action for property damage, bodily injury, wrongful death, loss of services or other claims arising from or relating to your access to or use of (or inability to access or use) the Service. The limitation of liability set out in this section 14 does not apply to liability resulting from the Kingfisher parties’ gross negligence or willful misconduct.
The exclusion of damages under Section 13 is independent of your exclusive remedy in Section 14 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 13 and 14 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
In the event that you violate the Terms: (a) all rights granted to you under the Terms shall terminate immediately, with or without notice; and (b) you must immediately cease using the Service. Upon termination of the Terms, all rights granted to you under the Terms shall immediately terminate, but all other provisions shall survive termination.
These Terms shall be governed by and construed and enforced in accordance with the laws of the Hong Kong Special Administrative Region, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Terms.
a. ALL CLAIMS SHALL BE RESOLVED BY ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
b. Any dispute relating to this Terms or in any way to your use of the Site or Services shall be referred to and finally resolved by confidential arbitration in Hong Kong and you agree to submit to the jurisdiction and proceedings thereof. Arbitration shall be administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The place of arbitration shall be Hong Kong. The number of arbitrator shall be one. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. The arbitrator’s decision and award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
c. WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, TO THE EXTENT PERMITTED BY LAWS, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF THE HONG KONG COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
d. Notwithstanding anything to the contrary, you and Kingfisher may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
You agree that, except as otherwise expressly provided in the Terms, there shall be no third-party beneficiaries to the Terms and the Contracts (Rights of Third Parties) Ordinance is hereby excluded.
Kingfisher may give you all notices (including legal process) that Kingfisher is required to give by any lawful method, including by making notice available through the Service or by sending it to any email or mailing address that you provide to Kingfisher. You acknowledge that if you do not provide Kingfisher with current and accurate contact information, Kingfisher may not be able to contact you. You agree to send Kingfisher notice by mailing it to the following address:
Kingfisher Mobile Limited
1/F Hing Lung Commercial Building
Bonham Strand, Sheung Wan, Hong Kong.
The Terms constitutes the entire agreement between you and Kingfisher concerning your access to and use of the Service. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and Kingfisher with respect to such subject matter. You may not assign or delegate any right or obligation under the Terms without the prior written consent of Kingfisher. The failure of Kingfisher to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the Terms. Any prevention of or delay in performance by Kingfisher hereunder due to labor disputes, acts of god, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.
If you have questions, concerns or suggestions regarding the Service, your account or the Terms, please contact us at: firstname.lastname@example.org.