Website Terms of Use
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GUILTLESS

Website Terms of Use

 

Introduction and Key Definitions

  1. This page details the terms and conditions (“Terms”) which govern your use of our Website and/or our mobile applications, and which will apply to the use of the services we offer. You are advised to read them carefully. By using this website, you are deemed to have accepted these Terms together with the terms of our Privacy Policy. We may amend these Terms at any time without prior notice. Amendments will be posted on the Website. Your continued use of the Website or our mobile applications or the use of the services we offer after any such amendment constitutes acceptance of the amended Terms. You should visit this page frequently to review the current Terms. If you do not agree to these Terms or any revised version of these Terms, please do not use the Website or our mobile applications or the services we offer.

     

  2. In addition to being bound by these Terms, all persons selling or proposing to sell Items via the Website shall be subject to our Consignor’s Terms and Conditions and all persons buying, or proposing to buy Items on our Website shall be subject to our Buyers’ Terms and Conditions.

  3. In these Terms the following definitions shall apply:

    “Content” means all postings, messages, text, files, images or other material on the Website, including, without limitation, descriptions of Items and Item profiles;

    “Guiltless”, "us", "we" and "our" means Guiltless International Limited, a limited company registered in Hong Kong whose place of business is at 3/F, Kerry Centre, 683 King’s Road, Quarry Bay, Hong Kong;

    “Item” means any garment or other item offered for sale, or to be offered for sale, or sold via the Website;

    "User" means anyone using the Website for any reason; and

    "Website" means our website www.guiltless.com and all the pages, content and sub-domains contained in it and any replacement or associated website(s) and mobile site(s), if applicable.

Use of the Website

  1. The Website may be used only for lawful purposes. By registering on or using the services we offer through the Website, you irrevocably confirm that:

    • you are of legal age to form a binding contract; and
    • you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form on the Website.
  2. All Content is the sole responsibility of the person from whom such Content originated, and we do not control, and are not responsible for Content provided by any other person.

  3. In posting or uploading any Content you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such Content in any existing or future media, subject always to the Privacy Policy. You also grant to us the right to sub-licence these rights, and the right to bring an action for infringement of such rights.

  4. Users are not permitted to upload, post, email, or otherwise make available any Content:

    1. that is false or misleading;
    2. that infringes any intellectual property rights of, or a duty of confidentiality to, any other person;
    3. that advertises products or services the sale or supply of which is prohibited or restricted by applicable law;
    4. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    5. that is libellous, abusive, threatening, obscene, or otherwise offensive; or
    6. otherwise hinders the use or enjoyment of the Website by other Users.

     

  5. The Website may provide Users with the ability to post messages on the Website. Guiltless is under no obligation to review any Content (including any messages) posted on or sent through the Website by Users and assumes no responsibility or liability relating to any such Content. We do not pre-screen or approve Content, but we shall have a right (but not an obligation) in our sole discretion to refuse, delete, edit or move any Content that is available on the Website for violating the letter or spirit of the Terms or for any other reason at our sole discretion.

  6. Users are prohibited from:

    1. accessing data not intended for them or logging into a server or account which they are not authorized to access,
    2. that infringes any intellectual property rights of, or a duty of confidentiality to, any other person;
    3. using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website; and
    4. allowing others to use their login details to access any non-public area of the Website, disclosing to or sharing their password with any third parties or using their password for any unauthorized purpose. You agree to notify Guiltless immediately of any unauthorized use of your login details or any other breach of security.
    5. We may, in our sole discretion, delete, suspend or deactivate any User account or otherwise terminate or restrict any User’s access to the Website immediately and without notice if we believe that such User has acted inconsistently with the letter or spirit of the Terms. Neither Guiltless nor its officers or employees shall be liable to any person for any resulting termination or restriction of a User’s access to the Website.

     

Intellectual Property Rights

  1. The Website may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Guiltless and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Guiltless and/or other parties is granted to or conferred upon you. Guiltless has applied to register the name "GUILTLESS" as a trademark.

  2. Users are not permitted to download, reproduce, copy, resell or exploit for any commercial purposes, any material on the Website, or to use automated means to download data from the Website (including without limitation, spiders, robots, crawlers or data mining tools, but excepting standard internet search engines).

  3. Users are not permitted to decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.

  4. The intellectual property rights in Content uploaded by Users to the Website are retained by the copyright owner, and Content is added to the Website by Users at their own risk.

Limitations on Service

  1. We may establish limits on the use of the Website and we reserve the right at any time to modify or discontinue the Website (or any part of it) with or without notice.

  2. We reserve the right to suspend operation of the Website from time to time for any reason, including, without limitation, to enable us to perform system upgrades or maintenance or to resolve technical issues, and we will endeavor to provide reasonable advance notice of such suspension where practicable.

  3. We shall not be liable to any User or to any third party for any modification, suspension or discontinuance of the Website or the Service or any part of it, including for loss of profit or consequential or incidental loss or damage.

Limitation of liability and disclaimer

  1. The Website and the Service are provided on an "as is" or "as available" basis, and accordingly use of the Website is entirely at the Users’ own risk. Any and all warranties relating to the Website, including, without limitation, any implied warranties as to fitness for a particular purpose and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.

  2. We take reasonable care to ensure that the Website and its electronic communications are virus-free. However, we make no warranty that the Website is free of viruses or other harmful components.

  3. Each User shall indemnify and hold harmless Guiltless, its officers, employees, agents and service providers from any claim or demand (including reasonable legal fees and court costs) made by any third party due to or arising out of Content submitted, posted or made available by such User through the Website, or the violation of such User of the Terms or of any rights of any person or organization.

Links to Other Sites

  1. The Website contains links to third party web sites. These links are provided as a service and not as an endorsement by Guiltless of the contents on such third-party web sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third party web sites. Users accessing linked third party web sites do so at their own risk.

Trademarks

  1. The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Guiltless and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Guiltless or such third party which may own the Marks. Content may protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.

Force Majeure

  1. Guiltless shall be excused from performance under these Terms, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Guiltless. In the event that Guiltless is temporarily unable to ship to you a purchased item because of such an event, Guiltless will give you notice of any such circumstances as soon as is reasonably practicable, and provide you the options of either deferring shipment or receiving a refund of your charges.

General

  1. You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated.

  2. No person other than Guiltless or a Buyer or Consignor shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.

  3. These Terms shall be governed by interpreted in accordance with the laws of Hong Kong Special Administrative Region (“Hong Kong”). You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

  4. These Terms are written in the English language and may be translated into Chinese. In the event of any inconsistency between the English version and the Chinese version, the English version shall prevail.