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Terms of Use
Acceptance of the Terms These terms of use ("Terms of Use") govern your use of this CyberShopping website ("this Site") provided by The Bank of East Asia, Limited ("BEA"). Any access, browsing or usage ("Use") of this Site shall be deemed to be your agreement to accept each of the terms set forth below and to be bound by them.
Modification of the Terms of Use BEA expressly reserves its right to vary, amend, change and/or modify the terms of the Terms of Use at all times and from time to time at its absolute discretion without prior notice to you. You are responsible to review and check the Terms of Use from time to time before any Use of this Site. You shall be deemed to accept all such terms of the Terms of Use by the Use of this Site or continuing to Use of this Site.
Disclaimer of Warranties and Liabilities 1. BEA is providing this Site with its contents and links to any third party merchant's websites or internet resources ("Merchant's Site") on an "AS IS" and "AS AVAILABLE" basis and the Use of this Site is at your sole risk. BEA makes no representations of any kind, whether expressed or implied, with respect to suitability, reliability, availability, timeliness, lack of virus and the accuracy or integrity of any contents, information and/or products/services listed on the Merchant's Site for any purpose. To the maximum extent permitted by law, BEA expressly disclaims all warranties and conditions, whether expressed, implied, or statutory, with regard to any contents, information, representations, statements and/or products/services listed on the Merchant's Site, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, workmanlike effort and non-infringement. 2. You hereby expressly agree that BEA shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including but without limiting to damages of loss of use, profit and goodwill arising out of or in connection with the Use or the performance of this Site or the Merchant's Site or the delay or inability to Use of this Site or the Merchant's Sites or for any contents, information, representation, statements and/or products/services listed on the Merchant's Site obtained through this Site or the Merchant's Site, or otherwise arising from or in connection with the Use of this Site or the Merchant's Site, whether based on contract, tort or otherwise.
Links to Merchant's Sites 1. Any links to or from the Merchant's Site performed by you are made at your own risk. BEA shall not be responsible or liable, whether directly or indirectly, for any damage or loss in whatsoever arising out of or in connection with the use of such goods or services available on or through the Merchant's Site. 2. BEA has no control over the Merchant's Site and its resources as it is owned and operated by the merchants themselves. Therefore, BEA shall not be responsible for the availability of such external sites and resources. 3. The goods and/or services offered on the Merchant's Site and the accuracy or integrity of such contents, information, representation and/or statements are the sole responsibility of that merchant offering the goods and/or services and are not monitored or endorsed by BEA. 4. BEA shall, in no event, be responsible or liable for any damage or loss whatsoever arising out of or in connection with or pursuant to any errors or omissions in the contents, information, representations, and/or statements contained in the Merchant's Site. 5. BEA reserves the right at any time to make any changes, additions or deletions to the products/services listed on this Site without any prior notice to you.
Indemnity You agree and undertake to fully indemnify BEA and hold BEA harmless from any claim, demand, proceeding, suit, damage, liability, loss, cost and expenses whatsoever made by any third party against BEA arising out of or in connection with the Use of this Site and/or your connection or access to this Site and/or your breach of any of the terms of the Terms of Use.
Purchase and Delivery of Products/Services of Merchants 1. Your deals with the merchants, including without limitation, payment and delivery of products/services and other related terms, conditions, warranties and/or representations associated with such dealings, are solely between you and the merchants. BEA shall not be responsible for any breach or non-performance of the obligations of the merchants, including but not limited to product liability or quality, non delivery or late delivery. 2. All contents, information, representations and/or statements concerning the merchants and/or their products/services are provided by the merchants themselves, and has not been independently verified or authenticated in whole or in part by BEA. BEA shall have no liability for any errors or omissions of such contents, information, representations and/or statements. For the avoidance of doubt, BEA does not grant and give any warranties, undertakings, representations or promises regarding the products/services of the merchants. 3. All products and services purchased from the merchants are subject to the terms and conditions of sale of the merchant(s) offering such product(s) and/or service(s). 4. Should you have any disputes, queries, complaints, or warranty claims regarding the products and/or services, please contact the corresponding merchants directly and BEA shall have no liability in relation thereto.
General 1. No failure or delay on the part of BEA to exercise any right, power or remedy nor shall any single or partial exercise by BEA of any right, power or remedy under the Terms of Use shall operate as a waiver. The rights, powers and remedies provided in the Terms of Use are cumulative. 2. If any term of the Terms of Use shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term shall be divisible from the Terms of Use and shall be deemed to be deleted from the Terms of Use without affecting the other terms of the Terms of Use. 3. The headings used in the Terms of Use are for convenience only and shall not form part of the Terms of Use. 4. The Terms of Use shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, People's Republic of China.
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