These terms and conditions apply to users of the Mederma website at www.mederma.com.hk (The “Website(s)”). The Website(s) are owned and operated by Jacobson Medical (Hong Kong) Limited, a company incorporated under the laws of Hong Kong (“Jacobson”, the “Company”, “we”, “us”, “our”). Your use of the Website is governed by these terms and conditions of use (“Terms”).
1. In these Terms, the following words and expressions shall have the following meanings and shall include in the singular number the plural and in the plural number the singular:-
“Intellectual Property Rights” means all vested, contingent and future intellectual property rights including, but not limited to goodwill, reputation, rights in confidential information, copyright, trademarks, logos, service marks, devices, plans, models, diagrams, specifications, source and object code materials, data and processes, design rights, patents, know-how, trade secrets, inventions, get-up, database rights, in each case whether registered or unregistered, and any applications or registrations for the protection of these rights and all renewals and extensions thereof existing in any part of the world, whether now known or in the future created.
“User” /”You” is a reference to the person to whom we are providing the services or delivering merchandise or who use the Website and who is required to pay for the merchandise we delivered.
“Working Day” means a day/days (other than a Saturday, Sunday or public holiday) on which licensed banks are generally open for business in Hong Kong.
2.1 You are required to register with us when you use the shopping facility or other services on the Websites. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.
2.2 In consideration of your use of the Service, you agree to:
i. provide true, accurate, current and complete information about yourself when filling out our registration form; and
ii. maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.
2.3 Jacobson has the right in its absolute discretion to reject any new user application or cancel any registered user without giving any reason.
2.4 User account, password and security: When you register to use the Service, your ID and password will become your unified user login credentials for all applications and online services provided by us. You agree to keep your ID and password secure and confidential and not to allow anyone else to use your ID or password to access the Website or any applications or online services provided by us or to do anything which would assist or allow anyone who has not registered to gain access to our Service or any applications or online services provided by us; nor to create ID for others without their permission; nor to create additional IDs for the purpose of abusing the functionality of the Service or any applications or online services provided by us, nor to seek to pass yourself off as another user; nor to do anything that jeopardize the security of your ID. If you have reason to believe that someone has unauthorized use of your password or ID or has committed any other breach of security, please report to us at [www.mederma.com.hk] immediately for our immediate suspension of your user account or to take other appropriate actions. You agree that you will be responsible to us and to others for all activities that occur under your user account. We will not be liable for any loss or damage arising from your failure to comply with the Terms herein stated or from any third party’s act without your authorization. You are not allowed to sell, transfer, license or assign your ID or any of your rights as a user or under your user account to any party.
3.1 The online shopping facility on the Websites is available only to registered users of the Websites, sell and deliver the merchandise to end user customers only. You warrant that your order of the merchandise through the online shopping facility on the Websites is not for resale to any third party.
3.2 You may place an order by completing the steps at “How to Purchase” [www.mederma.com.hk]. Once you have placed the order with us and paid, you shall, to the fullest extent permitted by the applicable law, neither cancel nor vary the order howsoever, even if our acceptance or rejection of your order is still pending.
3.3 Your placing of an order will constitute an offer from you to us to purchase the merchandise contained in that order. We will acknowledge your order to confirm that we have received your order by email or a message shown on the Website. The confirmation will provide:
i. details of what you have ordered, including the product name, quantity and price,
ii. estimated dispatch and delivery information.
3.4 We make no guarantee that the merchandise shown on the order placed through the Websites will be available for sale at all times. We reserve our right not to accept or cancel an order for any reasons at our sole discretion without any liability or compensation to you or any third party, including without limitation:
i. we reasonably believe that your purchase of the merchandise is not for personal use as an end user; or
ii. no sufficient stock to deliver the merchandise you have ordered; or
iii. no delivery can be arranged for your area; or
iv. one or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier; or
v. the merchandise cannot be delivered at a reasonable time due to acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control.
3.5 If we cancel your order we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within thirty (30) days of your order.
3.6 Unless otherwise specified in the Return Policy, no return or exchange of merchandise will be accepted.
3.7 Price and Payment
3.7.1 We will use all reasonable commercial endeavors to display accurate and up to date prices, product information and size on the Website. We reserve the right to update the price without prior notice. If the price of the merchandise is higher at the time we are ready to send our acceptance of your order to what it was at the time you placed your order then we will either:
i. cancel your order and credit to your account any sum deducted by us (if any) from your credit card, and will not be liable for any compensation with regard to such cancellation, or
ii. contact you to ask you whether you wish to pay the higher price or cancel your order.
3.7.2 Our Website accepts payment by designated credit cards or other designated electronic means as specified by us. All product prices listed are in Hong Kong dollars.
3.7.3 When you place an order you authorise us to debit the credit card you specify on your order for the amount of the order at the time we send our acceptance of your order.
3.7.4 We use third party payment services to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transactions, and in no event shall any such losses in whole or in part be borne by us.
3.7.5 We reserve the right to set up and update any reward programs applicable to the purchase through the Website [www.mederma.com.hk]. Conversion rates of reward points and their effective dates may be adjusted from time to time at our sole discretion. You agree not to dispute the conversion rates so adjusted.
3.8.1 Details and any updates on our delivery services are published at [www.mederma.com.hk]. We reserve the right to amend such details from time to time without prior notice.
3.8.2 Provided that the delivery address that you designated is within our Hong Kong delivery zone or overseas delivery zone (as may be updated from time to time), we will use reasonable commercial endeavors to make delivery to the delivery address that you designated. If the delivery address that you designated is within the overseas delivery zone, it is your responsibility to confirm that the merchandise can be imported to the destination country/region.
3.8.3 Title to and risk in the merchandise will pass to you once handed to our delivery staff (and in the first attempt of delivery in case the first attempt of delivery cannot be done).
3.8.4 In case of unsuccessful delivery of the merchandise due to your absence in the first attempt of delivery, incomplete or incorrect delivery address (including but not limited to post office box, locker room, hotel, library, empty flat or such other locations as we may determine as unacceptable), you agree that we may at our sole discretion:-
i. store such merchandise at such place as we determine until delivery and charge you for any taxes and duties, delivery, insurance, storage and other charges we incur for storage and re-delivery of the merchandise; or
ii. arrange for your collection of such merchandise at the location we designated; or
iii. refund to you the price paid for such merchandise net of any and all taxes and duties, shipping, delivery, handling and insurance charges; or
iv. otherwise dispose of such merchandise in any manner (including destruction without prior notice. In such circumstances, we will not be liable for any refund or compensation and reserve the right to continue to claim against you for the storage charges incurred).
3.8.5 Any times and dates given for dispatch of merchandise are only estimates. We will not be liable for the loss or damages arising from any delay in respect of the delivery of the merchandise.
4. Site Content/Customer Service
4.1 You may access and post messages on forums hosted on or linked to our Website. Please note: All contents (including but not limited to text, pictures, video clips, graphics) on our Website (collectively “Content”) are provided to you AS IS and AS AVAILABLE, without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law and is not intended as specific commercial, financial, business or legal advice. You may access Content for your information and personal, non-commercial use solely as permitted under these Terms. We and the respective contributors of Content reserve all rights not expressly granted in and to our Service and the Content.
4.2 You understand that when accessing forums on our Website, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify us and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of our Service. This Clause 4.2 will survive the termination or expiry of this Contract and/or your use of our Service.
4.3 Customer Service
Online customer service provided through our Website (“Online Customer Service”) will be available during our business hours or at such other times as we shall in our discretion deem appropriate. While we endeavour to respond to each and every enquiry that you post as soon as possible, we are not responsible and/or liable for any delayed response or omission to respond.
No statement or information given during the Online Customer Service constitutes an offer to sell any goods, or a representation, condition, warranty or undertaking (express or implied) given by us.
5. User’s Conduct
5.1 You represent and warrant that you will not:
i. hinder or interfere with the operation of our Website or the server or network used by our website; or violate any laws, statutes, rules or regulations or court orders related to the network, including but not limited to transmitting or distributing to our Website any virus, worm, Trojan horse or other computer code that is harmful or intrusive or may or intend to damage the operation of any hardware, software or equipment or monitor the use of any hardware, software or equipment;
ii. use any content of the Website for any commercial purpose or purposes other than personal use, or reprint, copy, sell, resell or use any part of our Website (including applications or software), or its use or connection for any commercial purpose without our prior consent.
iii. infringe any copyright, design rights and intellectual property rights of the merchandise; use our Website to defame, abuse, harass, stalk, threaten or infringe the rights of other persons (including but not limited to the intellectual property rights , privacy or publicity rights of other persons);
iv. establish a database by downloading and storing content, user content or any website content in an organized manner (including but not limited to collecting and storing personal data of other user); or revise, adapt, translate, reverse engineer, decompile or disassemble any part of our Website (including applications or software)
v. impersonate any person or organization;
vi. advocate, encourage or assist any third party in doing any of the foregoing; and/or
vii. use the Service and/or the Website to commit any criminal offence, including but not limited to posting any content that is unlawful.
5.2 If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on our Website, please immediately report such material (and the specific page on which it is found) to [www.mederma.com.hk]. Please note that there may be adverse legal consequences if you make a false or bad faith allegation of copyright infringement or objectionable material through this process. We will not be liable for your access or viewing of any objectionable or infringing or unlawful material. We reserve all rights to take action against you for your false or bad faith allegation of infringement of any right.
6. Intellectual Property Rights
6.1 You acknowledge and agree that all intellectual property rights to our Service, our Website, the Content, design, text, graphics and/or the software are retained exclusively by us and/or their rightful owner(s) . All trademarks, service marks and logos (the “Marks”) on our Service, our Website and/or the software or any goodwill in the Marks or any derivatives thereof are owned by or licensed to us. The intellectual property rights of all content, user content, designs, text, images and other materials on our Website, and their selection or arrangement are owned, controlled or licensed by us. We have not approved the use of any such trademarks, appearance, product names, company names, logos or titles, and such use may constitute an infringement of the rights of the holder.
6.2 You further agree that you are being granted with a revocable, non-exclusive, non-transferrable, limited license, without right of sublicense, to access and use our Service, our Website, the Content and/or the software contained therein for your own personal purposes. You agree to use our Service, our Website, the Content and/or the software contained therein in compliance with this Contract. Nothing you do on or in relation to our Service, our Website, the Content, the software, the materials contained therein will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless expressly stated by us. We expressly reserve the right to take action against you in the event that you infringe any of our intellectual property rights or other rights of any person. This Clause 6.2 will survive the termination or expiry of this Contract and/or your use of our Service.
6.3 When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to our site (“User Content”), you grant to us, our affiliate, agent or subcontractor, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up and royalty-free, sub-licensable and transferable licence to use, process, store, reproduce, distribute, publish, transmit, publicly display/disclose, modify, prepare derivative works of, display and otherwise use the User Content in connection with the site, including without limitation for the purposes of promoting and redistributing part or all of the site in any media formats and through any media channel. Without limitation, the rights that you grant to us under this Clause 6.3 include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
6.4 You represent, warrant and covenant that:
i. you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence in clause 6.3 above;
ii. the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our Website; by exercising the licence in Clause 6.3 above, we shall not infringe the intellectual property rights or other rights of any third party (including the intellectual property rights of any third party in any part of the world);
iii. to the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in Clause 6.3 above;
iv. at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein including but not limited to:-
i. any violation by you of this Contract;
ii. your use of our Website, our Service, the software and/or the Content;
iii. the information you provided ;
iv. any and all usage of your user account, whether or not such usage is expressly authorized by you;
v. in connection with any dealings with you through our Service; and/or
vi. your violation of any rights of another, and under which such third party demands from you any compensation, fees or damages (including reasonable attorney fees).
9. Suspension and Termination
9.1 We may at any time, without notice or liability to you, suspend, limit or terminate your user account or refuse your access to any part or all of our Website, if, in our sole discretion, you fail, or we suspect that you fail or are unable, to comply with (or acted in a manner indicating that you do not intend to or are unable to comply with) any of the provisions of this Contract, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.
9.2 During suspension of your user account or upon termination of your user account:- (1) any rights we have in respect of your obligations under this Contract which are not fulfilled by you shall continue to exist; and (2) the online Services registered by you, and all licenses, rights and privileges granted to you under the Contract shall cease.
10. Modifications and Amendments
We may at any time without notice: (1) expand, reduce and/or modify the whole or any part of the content of our Website (including the Services or functions of the Website provided by us) and these Terms; (2) deactivate the whole or any part of our Service or our Website to carry out system maintenance, upgrading, testing and/or repairs; and/or (3) terminate, limit or suspend your user account according to Clause 9 above.
11. Governing Laws and Dispute Resolution
These Terms are governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region. The courts of the Hong Kong Special Administrative Region shall have jurisdiction over disputes over these Terms. Any dispute, controversy or claim arising out of or relating to the Terms, or the breach, termination or invalidity thereof, will be settled by a court of competent jurisdiction.
12. General Terms
12.1 We have made every effort to make clear whether the quoted prices for merchandise available through our Website include any relevant tax or duty. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by operation of law that is in addition to the price.
12.2 No failure or delay by us in exercising any right, power or remedy will operate as a waiver thereof, nor will any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of the full set of the Terms or the Contract will be deemed to be a waiver of any subsequent breach of that or any other provision of the same.
12.3 If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these Terms.
12.4 You shall not assign to any third party your rights and obligations under these Terms or the Contract, whether in whole or in part without our written consent.
12.5 We may assign the Contract or appoint any third party, including our group companies, to provide the Services to you on our behalf or to perform any of our obligations under the Contract.
12.6 These Terms set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these Terms.
12.7 Nothing in the Contract, express or implied, is intended to or shall confer upon any person other than the User and the Company any right, benefit or remedy of any nature whatsoever under or by reason of the Contract. The provision of the Contracts (Rights of Third Parties) Ordinance (Cap.623) of the laws of Hong Kong are expressly excluded from the Contract. The application of the Contracts (Rights of Third Parties) Ordinance, and/or any comparable law in any jurisdiction, giving to or conferring on third parties the right to enforce any term of the Contract, is expressly excluded. No term of the Contract is, or is intended to be, enforceable by any person not being a party to it. Notwithstanding the foregoing in this paragraph, third party rights under the Contract shall be enforceable by Jacobson and/or its affiliates in accordance with the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction.
12.8 The provisions contained in each clause of the full set of the Terms and the Contract are enforceable independently of each of the others and its validity will not be affected if any of the others is invalid. If any provision is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions will not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there will be added as part of the full set of the Terms and the Contract one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
12.9 In the event of any discrepancy between the Chinese version and the English version of the Terms, the Chinese version shall prevail.