Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Welcome to THE KELLYEVE!
These Terms of Use describe the terms and conditions applicable to your access and use of the website at www.KELLYEVE a “Site”.
This document is a legally binding agreement between you as the user(s) of the Site (referred to as “you”, “your”, "Customer" or “User” hereinafter) and the KELLYEVE entity (referred to as “we”, “our” or “KELLYEVE” hereinafter).
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
1.Application and Acceptance of the Terms
1.1 Your use of the Site and KELLYEVE's services, software and products (collectively the as the "Services" hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy and any other rules and policies of the Site that KELLYEVE may publish from time to time. This document and such other rules and policies of the Site are collectively referred to below as the “Terms”. By accessing the Site or using the Services, you agree to accept and be bound by the Terms.Please do not use the Services or the Site if you do not accept all of the Terms.
1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age (at least 16 years old) to form a binding contract with KELLYEVE, or (b) you are not permitted to receive any Services under the laws of Hong Kong or other countries/regions including the country/region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that KELLYEVE may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
1.4 If KELLYEVE has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
1.5 You may be required to enter into a separate agreement, whether online or offline, with KELLYEVE or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of KELLYEVE.
Provision of Services
2.1 You must register as a member on the Site in order to access and use some Services. Further, KELLYEVE reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that KELLYEVE may impose in our discretion.
2.2 Some Services may be provided by KELLYEVE's affiliates on behalf of KELLYEVE.
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. KELLYEVE may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 KELLYEVE may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
Users Generally
3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
3.2 You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the "Site Content"), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with KELLYEVE, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from KELLYEVE is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
3.3 You must read KELLYEVE's Privacy Policy which governs the protection and use of personal information about Users in the possession of KELLYEVE and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
3.4 KELLYEVE may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties's web site. You are cautioned to read such web site' terms and conditions and/or privacy policies before using the Site. You acknowledge that KELLYEVE has no control over such third parties' web site, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of KELLYEVE and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of KELLYEVE’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material ("User Content") on the Site or providing any User Content to KELLYEVE or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to KELLYEVE to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, such as using as product description on KELLYEVE, advertising outside KELLYEVE and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to KELLYEVE that you have all the rights, power and authority necessary to grant the above license.
Transactions Between Customers and KELLYEVE
4.1 Customers agrees to provide all information and materials as may be reasonably required by KELLYEVE in connection with orders placed at KELLYEVE. KELLYEVE has the right to suspend or terminate any Customers account if the Customer fails to provide the required information and materials or provides inaccurate or fraudulent information.
4.2 Each User agrees that KELLYEVE shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any use or storage of any products purchased from KELLYEVE.
Limitation of Liability
5.1 To the maximum extent permitted by law, the services provided by KELLYEVE on or through the sites are provided "as is", "as available" and "with all faults", and KELLYEVE hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. all such warranties, representations, conditions, and undertakings are hereby excluded.
5.2 To the maximum extent permitted by law,KELLYEVE makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the sites; KELLYEVE does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the sites does not violate any third party rights; and KELLYEVE makes no representations or warranties of any kind concerning any product or service offered or displayed on the sites.
5.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to KELLYEVE's computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from KELLYEVE or through or from the Site shall create any warranty not expressly stated herein.
5.4 Each User hereby further agrees to indemnify and save KELLYEVE, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that KELLYEVE is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. KELLYEVE reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with KELLYEVE in asserting any available defenses.
5.5 KELLYEVE shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
a) the use or the inability to use the Site or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
c) unauthorized access by third parties to data or private information of any User;
d) statements or conduct of any User of the Site; or;
e) any matters relating to Services however arising, including negligence.
5.6 Notwithstanding any of the foregoing provisions, the aggregate liability of KELLYEVE, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to KELLYEVE or our affiliates during the calendar year and (b) HK$1,000. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose.
5.7 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not KELLYEVE has been advised of or should have been aware of the possibility of any such losses arising.
Force Majeure
6.1 Under no circumstances shall KELLYEVE be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Intellectual Property Rights
7.1 KELLYEVE is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with KELLYEVE, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by KELLYEVE are hereby reserved.
7.2 "KELLYEVE" and related icons and logos are registered trademarks or trademarks or service marks of KELLYEVE,
7.3 KELLYEVE may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
Notices
8.1 All legal notices or demands to or upon KELLYEVE shall be made in writing and sent to KELLYEVE personally, by courier, certified mail, or facsimile to the following Email:vip-sevice@kellyeve.com. The notices shall be effective when they are received by KELLYEVE in any of the above-mentioned manner.
8.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to KELLYEVE, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.
a) KELLYEVE is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b) Immediately upon KELLYEVE posting such notice on an area of the Site that is publicly accessible without charge.
8.3 You agree that all agreements, notices, demands, disclosures and other communications that chelseawig