TERMS AND CONDITIONS
Welcome to JackieChanDesign.com, a website owned and operated by Jackie Chan Design, a subsidiary of The JC Group Hong Kong. These Terms and Conditions govern your use of the JackieChanDesign.com website. By using, visiting or shopping at JackieChanDesign.com and all subdomains thereof, you agree to be bound by these Terms and Conditions, as well as the other policies posted here on the JackieChanDesign.com website. In these Terms and Conditions, Jackie Chan Design will be referred to as "JC Design", and the JackieChanDesign.com website and all its subdomains thereof are referred to as the "Site". Jackie Chan Design is located in Hong Kong. By displaying products on the Site, JC Design is making an offer to sell such products only to those who are legally capable of accepting, and do accept, such offer in Hong Kong on the terms and conditions set out herein. If you place an order for products shown on the Site, your order will be deemed an acceptance in Hong Kong of such offer according to these Terms and Conditions.
USE OF THE SITE - License and Site Access
JC Design grants you limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site, or any portion of the Site, except with express written consent of JC Design, Jackie Chan Limited, or The JC Group, HK. JC Design also grants you limited, non-exclusive, revocable right to create and display a hyperlink to the home page of the Site so long as the link does not portray JC Design in a false, misleading, derogatory or otherwise offensive way.
Prohibited Uses of the Site
The licenses set forth in these Terms and Conditions do not include any rights to:
• Interfere or attempt to interfere with the proper operation of the Site;
• Bypass any measures used to prevent or restrict access to any portion of the Site;
• Use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by JC Design through the Site;
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;
• Compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;
• Reproduce, record, retransmit, sell, rent, distribute, publish, post or perform any of the content of the Site;
• Modify, download (other than page caching), reproduce, copy or resell the Site, the content or any portion or derivative thereof;
• Copy or download any account information of any user of the Site for the benefit of any other person or entity;
• Frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of JC Design;
• Use JC Design’s name, trademarks, service marks or logos in any meta tags or any other "hidden text"; or
• Use JC Design’s logo or other proprietary graphic or trademark as part of a link without express written permission.
Each of the foregoing is expressly prohibited without prior written consent from JC Design. Any unauthorized use of the Site or any portion or derivative thereof by, on behalf of or through you shall terminate any license or permission granted to you by JC Design.
Termination of Access
You agree that JC Design may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site and your Site account without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms and Conditions or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. YOU AGREE THAT NONE OF JC DESIGN, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES (EACH A "JC DESIGN PARTY") WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.
INTELLECTUAL PROPERTY RIGHTS; USER CONTENT
All content included on the Site, including, without limitation, text, articles, graphics, logos, user interfaces, button icons, images, photographs, audio clips, and video clips ("Content") is the property of JC Design or its licensors, product suppliers or content suppliers (including users who supply Content) and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all Content on the Site are the exclusive property of JC Design and are protected by applicable copyright laws.
Jackie Chan Design, JC Design, JackieChanDesign.com, The JC Group, JC Action & Power, JC Stunts, JC Stunts Sports, Jackie Chan and JC trademarks, registered trademarks or service marks of JC Design, Jackie Chan Limited, and The JC Group. All rights are reserved. These and other trademarks, service marks, graphics, logos and trade dress of JC Design on the Site may not be used without the prior written permission of JC Design, Jackie Chan Limited, or The JC Group. Without limiting the foregoing, no JC Design trademark, service mark or trade dress may be used in connection with any product or service that is not JC Design's, in any manner that is likely to cause confusion among users or customers, or in any manner that disparages or discredits JC Design.
IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS AND PRODUCT REGULATION
JC Design's product inventory available on the Site includes thousands of products, and product listings are constantly being changed and updated. JC Design's customers are located in various parts of the world. As a result, it is not practical for JC Design to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law, including product safety and other regulations. PRODUCTS SOLD ON THE JC DESIGN SITE ARE GENUINE AND LEGITMATE. IMPORT AND SALE OF PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES AS A RESULT OF LOCAL CUSTOMS REGULATIONS AND OTHER LOCAL LAWS. IN ADDITION, PRODUCTS AVAILABLE ON THE SITE MAY NOT CONFORM TO PRODUCT SAFETY OR OTHER REGULATIONS IN ALL COUNTRIES. BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED JC DESIGN TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE "IMPORTER" AND "INITIAL DISTRIBUTOR" OF THE PRODUCT. YOU ACKNOWLEDGE AND AGREE THAT JC DESIGN'S ROLE IS TO PRODUCE JACKIE CHAN BRANDED PRODUCTS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN HONG KONG AND FOR YOUR IMPORT TO THE COUNTRY TO WHICH YOU HAVE REQUESTED JC DESIGN TO SHIP PRODUCTS. IN NO EVENT WILL JC DESIGN OR ANY OTHER JC DESIGN PARTY BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN THE HONG KONG SPECIAL ADMINISTRATIVE REGION FOR ANY REASON, INCLUDING THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS. By purchasing a product through the Site, customers outside of Hong Kong authorize JC Design to make arrangements for clearance of customs on their behalf for the products they have ordered.
PAYMENT FOR PRODUCTS PURCHASED THROUGH THE SITE
Methods of Payment
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
All transactions conducted on the JC Design Site, including sales of items shown on the Site are made in HK Dollars. Payment made by PayPal® in a currency other than HK Dollars will be converted to HK Dollars at the exchange rate determined by your credit card issuer or PayPal. Please consult your credit card issuer agreement or the User Agreement for the PayPal service for information regarding the determination of exchange rates by them. These exchange rates may include a "spread," or amount payable to PayPal or the credit card issuer, which may result in the actual price paid being higher than the posted HK Dollar price. NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES. JC Design does not provide cash refunds to customers. However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than HK Dollars and such refund was made through the customer's credit card or PayPal®, then the credit card issuer or PayPal would determine the applicable exchange rate at such time as provided above. In no event will any JC Design Party be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.
PRODUCT DESCRIPTIONS, INFORMATION AND PRICES
Descriptions of products on the Site are provided as accurately as possible at the time of publication. JC Design is not responsible for any damage or disfiguration of products caused by postal handling. However, if you purchase a product from JC Design that is not as described on the site, you should contact JC Design at first instance and arrange for the product to be returned in UNUSED CONDITION for a replacement or credit in the amount of the purchase price.
JC Design has made every effort to display the colors of products on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, JC Design cannot guarantee that your monitor's display of any color will be accurate.
JC Design cannot confirm the price of a product until you place an order. It is possible that the price for a product may increase or decrease between the time that the product is placed in the "shopping cart" and the time the purchase is actually made. Furthermore, despite JC Design's best efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of JC Design, may either (a) contact you for instructions before shipping the product or charging you for such product or (b) cancel the order for such product and notify you of such cancellation. JC Design will have the right to cancel any orders for products that have been listed at an incorrect price or that contain other incorrect information or typographical errors or that are unavailable for any reason. JC Design and The JC Group will have this right regardless of whether the order has been confirmed or your credit card or other payment service has been charged. If your credit card or payment service has already been charged for the purchase and your order is cancelled, JC Design will immediately issue a refund to your credit card or PayPal® account in the amount of the charge.
ORDER PROCESSING, SHIPMENT, RETURNS, WARRANTIES
The offer and acceptance of orders will be subject to the Terms and Conditions. JC Design may confirm its receipt of your acceptance by sending a confirmation to the e-mail address that you provide.
Title to products, and risk of loss of products, is passed to you upon delivery to the common postage carrier selected by JC Design to deliver your order. You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach of JC Design's agreement to sell products to you.
JC Design accepts returns of certain defective products for replacement or refund (depending on the type of product) in accordance with the Terms and Conditions. JC Design's policy regarding returns of non-defective, non-damaged products is also set forth at Customer Service – Returns.
Replacement of returned products will be made in accordance with the Return and Refund Policy. Any refunds will be made to your credit card or PayPal® account in the amount that was charged. In no event will refunds be made in cash.
User Privacy; Data Security
Certain portions of the Site may require you to establish an account, username and password. You are responsible for maintaining the confidentiality of such account, username and password, and agree to accept responsibility for all activities that occur under your account, username or password. You agree to notify JC Design immediately of any unauthorized use of your account, username or password or any other breach of security with respect to the Site. You may not use anyone else's account, username or password at any time. You may not attempt to gain unauthorized access to the Site. You may not authorize any other person to use your account, username or password. You agree to provide JC Design with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your account information by clicking on the My Account link on the Site.
By subscribing to our newsletter, you consent to receiving communications from JC Design by e-mail. You agree that all agreements, notices, disclosures and other communications that JC Design provides to you in this manner satisfy any legal requirement that such communications be in writing.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY JC DESIGN AND THE JC GROUP ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND YOUR USE OF ALL PRODUCTS INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. NO PARTY FROM JC DESIGN MAKES ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE JC DESIGN PARTIES DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER JC DESIGN NOR ANY OTHER PARTY ASSOCIATED WITH JC DESIGN WARRANTS THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM JC DESIGN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR FREE. NO PARTY FROM JC DESIGN WILL BE LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY E-MAIL SENT FROM JC DESIGN OR ANY THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ANY PARTY FROM JC DESIGN WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE JC DESIGN PARTIES ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT. THE DISCLAIMERS REGARDING WARRANTIES AS TO PRODUCTS IN THE IMMEDIATELY PRECEDING PARAGRAPH DO NOT APPLY TO THE EXTENT OF ANY APPLICABLE EXPLICIT WRITTEN JC DESIGN WARRANTY (AS DEFINED ABOVE). THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS. WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW AND DISPUTES
Any dispute, controversy or claim relating in any way to the Site (including, without limitation, your visit to and use of the Site), to your Submissions, to the licenses granted hereunder or to products you purchase through the Site shall be submitted to confidential binding arbitration in Hong Kong conducted under Hong Kong law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of JC Design and The JC Group or any affiliate or licensor of JC Design, JC Design may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an English translation thereof. The arbitrator shall state the reason upon which the award is based.
You agree to defend, indemnify and hold harmless JC Design and other JC Design Parties from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to the use of the Site and any Content available on the Site, any breach of these terms of service and/or any Submissions submitted, in each case by you or any user of any of your accounts.
Modification to Terms and Conditions
JC Design reserves the right, at its sole discretion, to change, add or remove portions of these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
You agree that all subsequent purchases by you, all submissions and all other uses of the Site will be subject to these Terms and Conditions, which shall apply until JC Design posts a modified Terms and Conditions.