Notice on Disclaimer, Copyright and Limitation of Liability

1. Application

This Notice applies to:

1. the use of fase.com.hk;
2. all information stored on or receivable through this or any other fase.com.hk server ("Information"); and
3. any goods or services offered, accessed or obtained through the use of fase.com.hk by you ("the User"). This notice limits the liability of FASE - a division of AS Watson Retail (HK) Limited and its associated companies, subsidiaries, employees, agents, contractors and any third party Information provider (collectively “we”, “us” or “our”) in relation to any such use, Information, goods and services.

2. General Disclaimer

We expressly disclaim any responsibility, representation or warranty:

1. in relation to the quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, fase.com.hk or the Information;
2. in relation to any goods or services accessed, offered or obtained through fase.com.hk or pursuant to the Information;
3. that any access to fase.com.hk or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties;
4. that the Information will not be objectionable or offensive to the User or any other person;
5. for any error, omission or misstatement in or arising from the Information. We do not endorse or recommend any person, organisation, name, product, or service referred to in the Information, nor does the Information constitute our views or opinions. We will not be a party to any transaction between the User and any third person in any way relating to the Information or made through fase.com.hk unless and only to the extent expressly stated in writing otherwise.

 

3. Copyright

The Information may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User’s responsibility to determine whether any such infringement (“Copyright Infringement”) will occur.

4. Limitation of Liability

We shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:

1. any direct loss;
   b. any consequential or indirect loss (including without limitation loss of revenue or profits); or
   c. the User’s liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information or the use of fase.com.hk.

5. Confidentiality

We do not warrant (and accept no responsibility for) confidentiality of any information or data whether personal or otherwise transmitted through fase.com.hk. Our current practice is to take reasonable steps to maintain confidentiality.

6. User's Obligations

In consideration of our agreement to allow the User access to the Information and / or fase.com.hk, the User agrees:

1. not to carry out or allow any Copyright Infringement;
   b. not to use the Information or the User's access to fase.com.hk for any illegal, improper, obscene or defamatory purpose;
   c. to take all steps to ensure the Information does not damage the User's information or systems;
   d. to ensure that all information which you provide to fase.com.hk is true and accurate to the best of your knowledge;
   e. to allow us to conduct research on access to the Information;
   f. to all our disclaimers and limitations of liability set out in this notice; and
   g. to our personal data policies current from time to time applying.

7. Third Party Merchants

We may have on-line stores or service providers hosted in our websites which are operated by third party merchants. If you want to use, order or receive any services and/or products from any of them, please note that any personally identifiable information you provide, once transferred to the relevant merchant, is beyond our control and thus outside the scope of protection afforded by us.

8. Third Parties Websites

fase.com.hk may contain materials produced by third parties or links to other websites. We accept no responsibility or liability in respect of any such third-party materials or for the operation or content of other websites (whether or not linked to fase.com.hk) which are not under our direct control. We reserve the right to require the removal of any link from another website to fase.com.hk which is installed without obtaining our prior written consent.

9. Indemnity

User agrees to hold us harmless and indemnify us against all losses, damages, claim, demands, liabilities, costs (including legal costs), and expenses in connection with your use of fase.com.hk in breach of the terms and conditions herein or negligence.

10. Availability and Suitability of Services

We do not warrant that the information or materials contained in fase.com.hk are current or accurate or that any of the products or services featured on fase.com.hk are available. We may change the materials appearing on fase.com.hk at any time without notice.

11. Law and Severability

Hong Kong law governs this notice, and each part of this notice shall apply to the extent permitted thereby. Any part of this notice which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of this notice nor affect the validity or enforceability of that part in any other jurisdiction. Where this disclaimer is available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.

Trade Mark Notice

”FASE” is trade mark of the AS Watson Group and there may also be pending trade mark applications in a number of countries. Any unauthorised use or reproduction of the trademark may amount to an infringement of the rights of the AS Watson Group.