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Terms Of Use 

INTRODUCTION

These Terms of Use are made between FIX FASHION Ltd.  (hereinafter referred to as “Rose & Jade”, “we” or “us” as appropriate), owner of the “www.rosenjade.com” website (the “Website”) and you, as the user of the Website.

When you (i) sign up to/for, or use or access the Website, or (ii) use any services or functions provided through or on the Website, (all the foregoing being the “Services”), you agree to these Terms of Use and Privacy Policy as posted on the Website. You shall not use the Services if you do not agree to the Terms of Use or Private Policy.  You are deemed to have agreed these Terms of Use and the Privacy Policy as soon as you sign up for or use the Services.

Please read these Terms of Use and the Privacy Policy to find out more about how you can use the Services with regards to the information you share and with whom you share it.

Furthermore, these Terms of Use include the terms and conditions describing how we may use the content and information provided by you to us to facilitate the provision of the Services.

GENERAL RULES

By using, accessing or receiving the Services, you, being the user of the Services, irrevocably and unconditionally accept and agree to be bound by the Terms and Conditions throughout the process and use of the Services from time to time. We, Rose & Jade, reserve the right to modify the Terms of Use or any features of the Services at any time without prior notice or consent to any user of the Services and such modification shall be effective immediately upon either posting on the Website or notifying you as the case may be.

You represent that you have read and agree to be bound by the Terms of Use.

You acknowledge that Rose & Jade may provide the Services and/or other services to you under separate agreement(s). In that case, without prejudice to any such agreement(s), you agree that you are still bound by these Terms of Use. Notwithstanding, if there is any inconsistency between the provision(s) of such separate agreement(s) and these Terms of Use, the provision(s) of such separate agreement(s) shall prevail.

 

ACCOUNT SECURITY

You do not need to be an account holder to use much of the functionality of the Website or to access much of the Services. However, you do not need to be an account holder to make a purchase from the Website. We reserve the right to decline a user to sign up as an account holder or to cancel the account at any time.

When creating your account on Rose & Jade, you are required to input your name, email address, possibly some other personal information including payment details (together being “Personal Data”), and these Personal Data must be true, accurate and up to-date. It must be your own Personal Data and not someone else’s. You cannot open an account on behalf of anyone else. You can create only one account.

You cannot open an account if you are under the age of 13. If you are under the age of 18, you must obtain the consent of your parent(s) or legal guardian(s) to use the Services.

Once you have signed up for an account, we may allocate a user name and or password to you. You cannot share your password with third parties. You cannot transfer your account to a third party.

We only accept a valid personal email address for the purpose of creating an account by a user. We may require users to re-validate their email address if we believe they have been using an invalid email address.

If your username appears improper or fallacious to us, or if we believe that it may infringe on third party's rights, we reserve the right to remove such name and or close your account.


SITE CONTENT

You acknowledge that the data, images, photographs, illustrations, text and other materials (all of the foregoing the “Content”) on the Website is subject to copyright and possibly other intellectual property rights ("Intellectual Property Rights"). Unless you are expressly authorised by law, you must not yourself, or participate in or permit any other person, to, directly or indirectly:

sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent; use any Content on any other website or in a networked computer environment for any purpose; reverse engineer any Content consisting of downloadable software; or otherwise infringe the Intellectual Property Rights of any person in using the Website or any Content.

Nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.

 

LINKS

Links to third party websites are provided solely for your convenience. If you use these links, you leave this Website. Rose & Jade is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external link to the outside administrator or webmaster of such sites.

The contents of other websites, services, goods or advertisements that may be linked from the Website are not maintained or controlled by Rose & Jade. Rose & Jade is therefore not responsible for the availability, content or accuracy of other websites, services or goods that may be linked from, or advertised on the Website. Rose & Jade does not:

make any warranty, express or implied, with respect to the use of the links provided on the Website; guarantee the accuracy, veracity, reliability, completeness; usefulness or adequacy of any other websites, services, goods or advertisements that may be linked from the Website; or make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked from the Website.


TERMINATION OR SUSPENSION OF ACCESS TO THE WEBSITE

We retain the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, without notice.


DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY

When you are using the Services, you acknowledge that you are using the Website at your own risk. The Website is provided “as is”. We, our affiliates and third parties hereby expressly disclaim any and all, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained herein or provided by the Website. We do not represent or warrant that access to the Website will be uninterrupted or that there will be no failures, errors or omission or loss of transmitted information, or that no viruses will be transmitted on the Website.

We, our affiliates and third parties shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of this Website, including any products or merchandise sold by us or any third party, the providing of the Website hereunder, your access or inability to access the Website, including for viruses alleged to have been obtained from the Website, your use or reliance on the Website or any of the information or content and material available on the Website, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.

You hereby agree to release us, our affiliates and third parties, and each of their respective directors, owners, employees, representatives, agents, information providers, affiliates, licensors and licensees from claims, demands ad damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“Claims”), arising out of or in any way connected with your use of this Website, including but not limited to your involvement of events directly organized by us and connected with this Website.

 

INDEMNITY

You irrevocably and unconditionally agree to fully and effectually indemnify, defend and hold harmless Rose & Jade and all of its officers, directors, owners, employees, representatives, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all loss, liability or costs, including, without limitation, full legal costs on a full indemnity basis, incurred by the Indemnified Parties in connection with or arising out of any claims or legal proceedings which are brought or threatened against us by any person arising from:

your improper, illegal or unlawful use of the Services; the use of the Services by any third party through your user name and or password; or any breach of these Terms of Use by you.

In pursuant with the provisions of this clause, you shall cooperate as fully as reasonable required in our handling of any such claim. Rose & Jade reserves the right to assume the exclusive defense and control of any matter subject to the indemnification by you and Rose & Jade shall be entitled to be reimbursed by you for the full costs incurred.


GENERAL

Rose & Jade shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations in these Terms of Use to any third party at its sole and absolute discretion.

These Terms of Use shall be governed by Hong Kong law. You agree that any action arising under these Terms of Use shall be subject to the non-exclusive jurisdiction of Hong Kong courts.