Terms and Agreements
1. OPERATOR OF WEBSITE AND DEFINITIONS
This website is operated by or on behalf of The Cookware Company with its registered office at Unit 3305-08, 33/F., 248 Queen’s Road East, Wanchai - Hong Kong. If you have any concerns about material which appears on our site or wish to correspond with us in relation to this website, please contact us using the following address: The Cookware Company - Unit 3305-08, 33/F., 248 Queen’s Road East, Wanchai - Hong Kong or by using the ‘Contact Us’ section of the website. In these Terms: "Product Services" means any chargeable or free services available from a Seller through this website, including, for example, packaging or delivery services; "Products" means the VitaVerde products listed for sale by Sellers on this website; "Sellers" means VitaVerde or the authorised dealers of the Products who sell Products and Product Services on the website; "Services" means any functions, facilities, applications, information or other services available through this website (including, where applicable, ISP (internet service provider and/or internet access) services); "VitaVerde Affiliates" means VitaVerde Corporation, Tokyo, Japan and any entity which directly or indirectly owns or controls or is directly or indirectly owned or controlled by or in common ownership or control with VitaVerde Corporation to the extent of holding more than 50% of the shares or stock having the power to vote at a general meeting or equivalent; "Terms" means these terms and conditions. "User" or "you" means any person who accesses or uses this site, with or without VitaVerde 's authorisation and whether or not you are registered to use this or part of this site or a member or registered User of a Service offered through this site. "This website" or "site" means the website www.vitaverde-cookware.com (home page and underlying webpages) or other collection of information and/or applications operated by VitaVerde and available for access via physically linked or wireless networks (including the internet and networks accessible using wireless application protocol or similar (wap) technology) through access devices such as PCs, laptop computers, mobile telephones, PDAs, digital cameras, televisions or other network-enabled devices, on which these Terms are posted or which is expressly referred to in connection with User being requested to agree to these Terms. Any reference to this website or site includes a reference to any related wap site. Certain other terms are defined in the text below.
2. ACCESS AND USE OF THIS SITE
By accessing, browsing or downloading any part of this site or its content, or posting or uploading to this site, or any other use of this site and its content, you agree to comply with these Terms (which form a contract between you and VitaVerde ) and all relevant applicable laws. If your access to this site, or to any part of it, or to any Services is subject to the payment of a subscription fee, VitaVerde may deny or suspend access in the event of late or non-payment of any fee due. If you do not agree to these Terms, please refrain from using this site. You are responsible for obtaining the relevant hardware and software equipment and paying all telephone (or other network) charges necessary to access and use this site and the Services. You agree not to access this site by any means other than through the interface that is provided by VitaVerde for use in accessing the site.
3. OTHER TERMS, RULES, ETC.
4. CHANGES TO SITE AND THESE TERMS
The Sellers and/or third party providers may make improvements and/or changes in support, Products, Product Services, or other Services or site content at any time with or without notice. If the need arises, we may suspend access to the site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. VitaVerde may amend these Terms at any time. VitaVerde shall provide reasonable notice of changes to these Terms by displaying notices on these Terms or through other communication means. Users who access this site after changes have been posted on the site or otherwise communicated, shall be bound by such changes from the date that is set out in such notices or otherwise communicated. Frequent review of this site and these Terms is therefore recommended. If you do not agree to any amendment, please refrain from using this site.
5. PERMITTED AND PROHIBITED USE OF THIS SITE
Access to, and use of this site, including viewing, downloading, reproducing, displaying, posting and publishing: - data, graphics, images, photographs, designs, descriptions, information, and text - video, audio, music, and sound compilations - utilities, software (including applets and any software made available to Users in connection with, or to facilitate access to, any subscription or restricted access area or Service associated with this site) and software compilations and other Utilities (defined below) – the contents of any e-mail newsletter or similar communication sent by or on behalf of VitaVerde in relation to this site and/or User's registration or subscription - and other content on this site which has been originated and provided directly by VitaVerde , VitaVerde Affiliates, or its product, support and service providers (together, site content), is prohibited unless specifically permitted in these Terms. This applies to use by any means, including electronic, mechanical, photocopying, recording, creation of derivative works or otherwise. VitaVerde gives limited, non-transferable, non-exclusive, revocable permission for User to access and make personal, non-commercial use of this site and site content as a support and communication resource for purposes specified on the site only. User may electronically copy and print in hard copy site content for these purposes, provided that all copyright and proprietary notices (where present) are retained on site content. Any other use of site content including reproduction for purposes other than those noted above, modification, distribution, transmission, downloading of site content (other than page caching), republication or reverse engineering - without the prior written consent of VitaVerde - is prohibited (except to the extent such prohibition is prohibited by applicable law). Without limitation, permission to use site content does not include - resale or commercial use or distribution of site content - collection and use of any product, support or service listings, descriptions, or prices - derivative use of this site or site content (including framing) - downloading or copying of account information for the benefit of another merchant - any use of data mining, robots, or similar data gathering and extraction tools – any use of site content on any other website, server or networked computer environment – or any use of site content which suggests an association with VitaVerde , the VitaVerde Affiliates or the Sellers, or their products, support or services, except as expressly provided by written agreement between relevant parties. User shall not use this site or the Services in a way that breaches these Terms (or their spirit) or any applicable law or regulations (including those relating to the use of public communications networks) or that causes or is likely to cause any damage, interruption or impairment of this site or the Services. User may not attempt to gain unauthorised access to any part of this site, other User accounts or any computer systems or networks connected to this site, whether through hacking, password mining or any other means. User may not collect or attempt to collect personal information relating to others through this site.
6. COPYRIGHT - OWNERSHIP OF SITE CONTENT
VitaVerde does not transfer title to (i.e. ownership of) any site content downloaded or used by User. Site content, including its selection and arrangement, is owned by VitaVerde or VitaVerde Affiliates and/or their content and technology providers and is protected by copyright and other laws. Limited permission to use site content (for the purposes stated in the preceding section) is specifically conditioned on User's recognition, observance and retention of all copyright, trade mark and other proprietary notices in site content, and all proprietary and other intellectual property rights of VitaVerde or VitaVerde Affiliates and/or content and technology providers, in site content. User shall not have any ownership rights in any e-mail address, URL or other personal identifier that may be allocated to, or chosen by, him or her for the purposes of any Services, Products or Product Services available through this site and User's limited rights to use such identifier/address shall continue only for so long as User's registration/User account remains valid for access to this site or the relevant Service. After termination of such validity by VitaVerde for any reason, VitaVerde shall be free to use and/or allocate to other Users any such identifier/address. Any unauthorised use or copying of site content, or use of site content which breaches these Terms (or their spirit) may violate trade mark, copyright and other proprietary rights, and have civil and criminal consequences. Users shall not use any site content (or any other content made available through this site) in any manner that infringes any trade mark, copyright or other proprietary rights. VitaVerde reserves all rights with respect to such unauthorised use or breach of these Terms.
7. TRADE MARKS
"VitaVerde" is a registered trade mark of The Cookware Company, Hong Kong. All trade marks, logos, website addresses, product or model names or derivations that describe VitaVerde or VitaVerde Affiliates, their products, support or services or that contain the word "VitaVerde" that are included in site content (together, "VitaVerde Marks") are trade marks and/or the property of The Cookware Company or VitaVerde Affiliates. Any list of VitaVerde (or other) trade marks on this site is periodically updated but shall not be taken as an all-inclusive list of VitaVerde (or other) trade marks. Any use of VitaVerde Marks or permutations thereof (except as expressly authorised by The Cookware Company in writing) is strictly prohibited.Other product and company names mentioned in this site may be the trade marks of their respective owners.
8. USER CONTENT - UPLOADED OR PROVIDED INFORMATION/MATERIAL
In these Terms, User content is information or other content, which is or may be provided to VitaVerde or inputted or uploaded by User via this site or related means, including (without limitation) pictures, video and other images, audio materials, graphics, document or data files, information relating to natural and other persons, messages, e-mail and other communications, files, texts, opinions, personalisation settings and other information. By uploading User content to this site or sending or making available User content to other Users or VitaVerde and VitaVerde Affiliates, pursuant to or by reason of site, Services or site content use or otherwise, User automatically grants (or warrants that the owner of such User content expressly granted) VitaVerde, VitaVerde Affiliates and their designees a perpetual, royalty-free, irrevocable, and non-exclusive right and license to use (including commercial use and exploitation), copy, sub-licence, reproduce, modify, adapt, publish, translate, publicly perform, display and distribute User content (including any ideas, concepts, know-how or techniques contained therein), and create derivative works from and incorporate User content (or any part thereof) into any form, medium, or technology now known or later developed throughout the world. In addition, User warrants that it has the rights necessary to grant such licence and that all so-called "moral rights" in any User content have been waived. All User content will be considered non-confidential, not subject to any use restrictions and no User content will be subject to any obligation of confidence on VitaVerde's part.
9. PROHIBITED AND RESTRICTED USER CONTENT
Inappropriate postings or communications VitaVerde prohibits the transmission, distribution, dissemination, uploading, posting, submission, sharing and storage on, via or through use of this site (together, uploading) of User content which it considers (in its sole discretion) to be inappropriate or distasteful. Such inappropriate or distasteful User content includes (without limitation) communications with - pornographic, profane, sexist, homophobic, defamatory, deceptive, vulgar, obscene or offensive content – ethnic, racist or religious slurs or derogatory epithets – advocation of violence, hate or unlawful activity – depictions of child abuse, child pornography or sexually suggestive poses – advertisements, surveys and contests – price-sensitive information relating to publicly listed securities - and material that could give rise to any civil or criminal liability under any laws. VitaVerde prohibits the uploading or use of site content or transmission of User content with a primary or secondary purpose or effect – to sell, distribute or promote firearms, weapons or controlled substances, make-money-fast schemes, pyramid or chain letters, fraudulent or otherwise criminal offers – to register another email address other than your own – to distort auctions or other markets (including publicly quoted securities markets) - to threaten or harass others – to disrupt discussions or to create a false identity for the purpose of misleading others – to convey sexual requests from, for or to a minor – to make racial slurs or comments – to impersonate any person or misrepresent your affiliation with any person or entity. User shall not advertise or offer to sell or buy any goods or services for any business purpose, unless the relevant Forum or Service specifically permits this. VitaVerde reserves the right (but does not accept any obligation), subject to applicable laws, to delete or restrict Users’ access to relevant site content and/or User content and/or to pass relevant User content and/or information relating to User (including personal information) to any appropriate authority where User content is uploaded in breach or suspected breach of any of these Terms (or their spirit or other applicable rules or terms) or any applicable law or regulations, without any requirement for any claim or complaint to be formally commenced or proved. Materials protected by copyright and other intellectual property rights VitaVerde prohibits the uploading of content that contains music, software, images (still or moving), literary or artistic works or other material protected by intellectual property laws (or that may infringe others’ intellectual property rights), unless the User owns or controls the exclusive rights thereto or has received all required consents (which the User warrants if such content is uploaded). VitaVerde prohibits the uploading of actual or suspected copyrighted materials, the use of which is unauthorised, or counterfeit materials. Personal Information Except for personal information of a User submitted by that User for registration and/or account opening purposes or (if applicable) personal information relating to other natural persons known to a User for inclusion in that User's online address book, VitaVerde prohibits the uploading of any User content which discloses personal or private information concerning any individual or entity, including telephone number(s), e-mail or physical addresses, User account numbers, passwords and financial information. Where personal information relating to, or images of, another natural person are uploaded by a User for inclusion in that User's online address book, photo album (or for any other purpose), the User warrants that such person (the data subject) has given his or her consent to such submission and to the data processing that this involves and any other usage of such User content contemplated by these Terms or on this site. ‘Spam’ and upload of destructive materials All forms of 'spam' or junk e-mail, including uploading or sending multiple unsolicited submissions to different discussion groups, mailing lists, and all activities that facilitate spam, are prohibited on or via this site. By way of liquidated damages, you agree to pay VitaVerde five (5) pounds sterling (£5) for each item of 'spam' sent through your User account in breach of these Terms. VitaVerde prohibits the uploading of computer programs, files and other materials that contain destructive or disruptive features such as viruses, corrupted files, 'hidden' files (such as image files with audio files embedded), worms, trojan horses, or bots for the use of scrolling, showing multiple screens, and other activities that can be disruptive to website integrity or functioning or online communication generally.
10. REVIEW OF USER CONTENT BY VitaVerde
Through this site, VitaVerde merely offers a 'venue' for Users to access certain specified services, Utilities and/or information. VitaVerde cannot and does not undertake to screen, review, edit, censor or otherwise filter or control User content or the behaviour of Users of User content or site content. However, VitaVerde may, but shall not be obliged to, review, either by manual or automated means, all User content which is or may be uploaded on this site, and monitor or review any areas of this site where Users transmit or post communications or communicate with each other or VitaVerde (as applicable) including without limitation chat rooms, news groups, bulletin boards, community pages, photograph albums, personal web pages or other use areas and forums ("Forums"), as applicable. VitaVerde retains the right (but disclaims any obligation) to reject, not post, not use, remove, amend, deny access to and/or delete any User content, without notification, which it, in its sole discretion, considers to be inappropriate or distasteful or otherwise in breach of these Terms (or their spirit) and without any requirement for any complaint or claim in respect of the relevant User content to be formally commenced or proved. VitaVerde retains the right (but is under no obligation) to co-operate with any law enforcement authorities or in response to court and other official requests directing that VitaVerde disclose the identity of anyone posting User content.
11. NO LIABILITY – USER CONTENT AND SITE USE
The materials, information and opinions (which may include User content) included and/or expressed in or on Forums (or via any other means of accessing User content) are not necessarily those of (or endorsed by) VitaVerde, other Sellers, VitaVerde Affiliates or related entities. All User content should be considered expressions of opinion only and not statements of fact. VitaVerde, the other Sellers, VitaVerde Affiliates and any related entities disclaim all liability and responsibility arising from any reliance placed on such materials, information or opinions by any User or by anyone who may be informed of their contents. Any User content and/or Services you obtain or use, or convey through site use, including use of any Forums, will be at your own discretion and risk and are subject to the disclaimers and liability limitations in these Terms. The security of this site and User content cannot be guaranteed. You understand that whenever you release personal or other information online - for example, via message boards or chat rooms and other Forums - that information can be collected and used by people you do not know. While VitaVerde makes all reasonable commercial efforts to protect your personal information and privacy, it cannot guarantee the security of any information you disclose online. You make such disclosures at your own risk. Except in relation to personal information submitted by a User for the purposes of registration or opening or updating that User's account (in relation to which VitaVerde makes all reasonable commercial efforts to protect your privacy), VitaVerde and the other Sellers shall not be liable in respect of (and disclaim all liability in relation to) User content submitted to an area of the site designated as (or expected to be) a private, personal or limited access area of the site which becomes available to persons other than the User who submitted the User content. Similarly, VitaVerde and the other Sellers shall not be liable in respect of (and disclaim all liability in relation to) any non-availability of User content submitted to an area of the site designated as a public area of the site or other Forums where Users other than the User who submitted the User content may gain access to such content. Neither VitaVerde nor the other Sellers are under any obligation to become involved in any dispute that you have with other Users or in any incident that you are party to with other Users, or that are affected by or otherwise related to this site. VitaVerde and the other Sellers disclaim all liability relating to any User content, including any error, virus, defamation, libel, obscenity or inaccuracy contained in any User content, whether or not arising under the laws of copyright, libel, privacy or otherwise, any prohibited User content and any other User content. VitaVerde and the other Sellers disclaim all liability for unauthorised use (by other Users) of User content, and disclaim (without limitation) all liability for use of User content which breaches any copyright, trade mark rights or other intellectual property rights of any other User or person. User is solely responsible for any damage (including to site content) resulting from use (or submission) of any User content or the site (including disputes and incidents described in the preceding sections) and related transactions or occurrences. The limitations on and exclusions of liability in these Terms apply regardless of whether the liability is based on breach of contract, tort (including negligence or defamation), strict liability, breach of warranties, or otherwise.