TERMS OF USE

(Version: Nov 2017)

THIS DOCUMENT CONTAINS THE TERMS OF USE ("Terms of Use") AND IS APPLICABLE TO YOUR USE OF THE http://wwww.awc618.com/ (the “SITE”) AND/OR APP OR SUCH OTHER PROGRAM OR SOFTWARE NAMED AS AWC APP ("AWC APP "). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING. BY USING THE SITE AND/OR AWC APP OR ANY PART OF IT YOU SHALL BE DEEMED TO HAVE ACCEPTED THESE TERMS OF USE. DO NOT USE THE SITE AND/OR AWC APP IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE. 

1. APPLICATION AND VARIATION OF THESE TERMS OF USE

(a) The Site and/or AWC APP is owned and operated by Andy World Club Limited 華仔天地有限公司 trading as AWC (“Andy World Club”, "AWC" or "we", and "us" and "our" shall be construed accordingly). These Terms of Use apply to your use of the Site and/or AWC APP; all information stored into or receivable through the Site and/or AWC APP ("Information") and any goods and/or services offered, accessed or obtained through the Site and/or AWC APP by you. These Terms of Use limit the liability of Andy World Club and its associated companies, subsidiaries, employees, agents, contractors and any third party information provider in relation to any such use of Information, goods and/or services.  Unless explicitly stated otherwise, any new features that augment or enhance the Site and/or the AWC APP shall be subject to these Terms of Use. Andy World Club reserves the right to amend these Terms of Use from time to time in our sole discretion. Unless otherwise specified, the revised terms will take effect when they are posted. By accessing and using the Site and/or AWC APP you agree to be bound by the latest version of these Terms of Use.

(b) The Site and/or AWC APP may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability to us.

(c) You may need to register to use the Site and/or AWC APP. We may reject or require that you change any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any breach or unauthorized use of your user name and password. We reserve the right to close your account at any time, at our sole discretion, for any reason whatsoever.

(d) We can transfer our rights and obligations hereunder to any person or entity without your consent. We can also use an agent or subcontractor to perform our responsibilities.

2. DISCLAIMERS FOR USE OF THE SITE AND/OR AWC APP

(a) Information and promotional offers in relation to any goods and/or services will be updated in the Site and/or AWC APP from time to time without prior notice to you. The valid period of any Information displayed in the Site and/or AWC APP is based on our timer in the server. The Information contained in the Site and/or AWC APP is for reference only. We do not warrant the accuracy, completeness, reliability or timeliness of the Information in the Site and/or AWC APP for any reason whatsoever. We shall not be liable to you or any user for any costs, claims, liabilities, losses or damages whatsoever arising directly or indirectly from the use of or reliance on the Information. Use of the Site and/or AWC APP requires compatible devices and mobile data or Wi-Fi access. Your internet service provider may charge any costs incurred by using mobile data or Wi-Fi. High-speed mobile data or Wi-Fi access is strongly recommended. The Site and/or AWC APP may be updated from time to time without prior notice and you will have to download the latest version of AWC APP for access to the latest Site and/or AWC APP’s information.

(b) You must not post any content onto the Site and/or AWC APP that:

i. you do not have the right to post;
ii. is defamatory or in contempt of any legal or other proceedings;
iii. is misleading or deceptive;
iv. incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
v. denounces religious or political beliefs;
vi. includes religious or political material which is or is likely to be offensive;
vii. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety;
viii. is of a menacing character; 
ix. is likely to cause annoyance, inconvenience or anxiety;
x. is likely to encourage crime, public disorder, violence or hatred;
xi. is likely to damage public health, safety or morals;
xii. infringes any copyright, trade mark, patent or other intellectual property right of another person; 
xiii. contains any unsolicited or unauthorized advertising or promotional material;
xiv. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
xv. impersonates any person or misrepresents your relationship with any person. 

(c) You must not: i. disrupt or interfere with the Site and/or AWC APP, or servers or network or other software, hardware or equipment connected to or via the Site and/or AWC APP;
ii. restrict or inhibit any other persons from using the Site and/or AWC APP; including, without limitation, by means of "hacking" or defacing any portion of the Site and/or AWC APP ;
iii. modify, adapt, sub-license, reproduce, distribute, copy, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the Site and/or AWC APP and/or content;
iv. remove any copyright, trademark, or other proprietary rights notices contained in the Site and/or AWC APP;
v. copy and/or frame any part of the Site and/or AWC APP and/or content without our prior written authorization;
vi. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce, disrupt or circumvent the navigational structure or presentation of the Site and/or AWC APP and/or the content;
vii. hack, break into, or attempt to hack or break into, in any manner the Site and/or AWC APP and/or content and/or any data areas on our server(s) or that of any third parties; viii. incorporate any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component into the Site, AWC APP and/or any content;
ix. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site and/or AWC APP;
x. violate any applicable law relating to your use of the Site and/or AWC APP;
xi. collect or store personal data about other users of the Site and/or AWC APP; or
xii. use the Site and/or AWC APP for commercial or unlawful purposes, or purposes other than your personal use or enjoyment.

(d) If you wish to purchase products or services described on the Site and/or AWC APP, you may be asked to supply certain information including credit card or other payment information. By initiating a transaction you warrant and represent that you (A) are eighteen (18) years of age or older and (B) have the legal right to use the payment means you select. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges, including charges incurred administrative and handling fee arising from your credit card or other payment mechanisms. You will also be responsible for paying any applicable taxes relating to your purchases. We have the right to change the pricing and availability of any particular product(s) or service(s) without prior notice at any time.

3. INTELLECTUAL PROPERTY RIGHTS

The Site and/or AWC APP and any Information available in it including, but not limited to, text, graphics, icons, images, software, source code and trademarks, are protected by copyright, design, trademark and other intellectual property rights owned or controlled by us and/or our licensors. You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of the Site and/or AWC APP for any purpose without our prior written permission except that you may download materials displayed in the Site and/or AWC APP for non-commercial, home/personal use only as long as you keep all copyright, trademark and other proprietary notices intact.

4. USE OF THE SITE AND/OR AWC APP FOR LAWFUL PURPOSES

(a) You undertake not to use the Site and/or AWC APP for any purpose or in any manner that is unlawful. As the user of the Site and/or AWC APP, you shall not upload, post, email, or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered improper, a criminal offence, or violation of any law. Selling or bidding activities are also prohibited without our prior consent. The Site and/or AWC APP may contain content uploaded, posted, emailed or otherwise electronically transmitted by you (“User Content”).

(b) We do not monitor or exercise editorial control over User Content however we reserve the right:

i. to access or examine any User Content; and
ii. at our discretion to move, remove or disable access to User Content which we consider, in our sole opinion to breach any applicable law or to be otherwise unacceptable.

(c) In relation to any content posted by you, you grant us a perpetual, irrevocable, royalty-free license throughout the world to use, reproduce, modify, adapt, publish, translate, sublicense, create derivative works from, incorporate in other works (whether electronic or not), distribute, perform and display such content, whether in whole or in part.

(d) You acknowledge that we may remove content posted by you in accordance with any applicable guidelines, such as guidelines relating to period of storage or the maximum storage space which is allotted to you.

5. LINKS

The Site and/or AWC APP may contain links to other apps, websites and/or webpages which are operated by third parties. We have no control over the content of the linked apps, websites and/or webpages or the way in which the operators of those apps, websites and/or webpages deal with your personal data. We shall not be responsible for the content or accuracy of the linked apps, websites and/or webpages operated by third parties. You should review the terms and conditions/privacy policy for those third party apps, websites and/or webpages to understand the ways in which your personal data may be used by those third parties and we disclaim all responsibility and liability for any loss or damage that may be suffered by you in connection with the linked apps, websites and/or webpages. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.

6. PRIVACY AND SECURITY

For an explanation of the Site and/or AWC APP’s practices and policies relating to the collection, use and storage of visitor’s information, please read our Privacy Policy.

7. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

We do not represent or warrant that the Site and/or AWC APP will always be available and meet your requirements, that access will not be interrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your mobile phone or computers or tablets. You have sole responsibility for providing adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for viruses or other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Site and/or AWC APP. You expressly agree that your use of, or inability to use, the Site and/or AWC APP is at your sole risk. The Site and/or AWC APP and goods and services delivered to you through the Site and/or AWC APP are provided on an "as is" basis and as available for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non infringement. In no case shall Andy World Club, its directors, employees and third party service providers be liable for any direct, indirect, incidental, punitive, bargain or opportunity or loss of anticipated savings, special, or consequential damages arising from your use of the Site and/or AWC APP or for any other claim related in any way to your use of the Site and/or AWC APP, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the Site and/or AWC APP even if advised of their possibility.

8. WAIVER AND INDEMNITY

By using the Site and/or AWC APP, you agree, to the extent permitted by law, to indemnify and hold Andy World Club, its directors, employees, and third party service providers harmless with respect to any claims arising out of your breach of these Terms of Use, your use of the Site and/or AWC APP or any action taken by Andy World Club as part of its investigation of a suspected violation of these Terms of Use or as a result of its finding or decision that a violation of these Terms of Use has occurred. This means that you cannot sue or recover any damages from us, our directors, employees, and third party service providers as a result of our decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Site and/or AWC APP, or to take any other action during the investigation of a suspected violation or as a result of Andy World Club's conclusion that a violation of these Terms of Use has occurred, to the extent permitted by law. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms of Use.

9. ENGLISH VERSION PREVAILS

If there is any inconsistency or conflict between the English, Japanese and Chinese versions of these Terms of Use, the English version shall prevail.

10. GOVERNING LAW

These Terms of Use shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China.