- Interfere or attempt to interfere with the proper operation of the Site;
- Bypass any measures used to prevent or restrict access to any portion of the Site;
- Use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by YesStyle or its affiliates through the Site;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;
- Compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;
- Reproduce, record, retransmit, sell, rent, distribute, publish, post or perform any of the content of the Site;
- Modify, download (other than page caching), reproduce, copy or resell the Site, the content or any portion or derivative thereof;
- Copy or download any account information of any user of the Site for the benefit of any other person or entity;
- Frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of YesStyle;
- Use YesStyle’s name, trademarks, service marks or logos in any meta tags or any other “hidden text”; or
- Use YesStyle’s logo or other proprietary graphic or trademark as part of a link without express written permission.
INTELLECTUAL PROPERTY RIGHTS; USER CONTENT
All content included on the Site, including, without limitation, text, articles, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software, (“Content”) is the property of YesStyle or its licensors, product suppliers or content suppliers (including users who supply Content) and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all Content on the Site are the exclusive property of YesStyle and are protected by applicable copyright laws. All software used on the Site is the property of YesStyle or its software suppliers and is protected by applicable copyright laws.
YESSTYLE, YESSTYLE.COM, YESASIA, YESASIA.COM, YESSTYLIST, YESSTYLIST.COM and PEOPLESTYLE are trademarks, registered trademarks or service marks of YesStyle or its affiliates or licensors. All rights are reserved. These and other trademarks, service marks, graphics, logos and trade dress of YesStyle and its affiliates, suppliers and licensors used on the Site may not be used without the prior written consent of YesStyle or its applicable affiliate, supplier or licensor, as the case may be. Without limiting the foregoing, no YesStyle trademark, service mark or trade dress may be used in connection with any product or service that is not YesStyle’s, in any manner that is likely to cause confusion among users or customers or in any manner that disparages or discredits YesStyle.
No Responsibility for Third-Party Content; Copyright Claims
Content on the Site may be provided by third parties, either as a result of submission by users or other persons or because of selection by YesStyle. Any opinions, advice, statements, descriptions, services, offers, information or other Content expressed or made available by third parties on or through the Site (“Third-Party Content”) are solely those of the respective authors or distributors and not of YesStyle or its affiliates. None of the YesStyle Parties guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content. The YesStyle Parties make no endorsement or representations as to the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content, unless made by an authorised YesStyle representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will any YesStyle Party be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content or any other harm arising from any Third-Party Content.
No YesStyle Party will assume any liability for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any Third-Party Content. However, if you believe that the Site contains Content that infringes copyright rights held by you, please contact YesStyle at the e-mail address or physical mail address below with the following information and signature:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address (including country), telephone number and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf; and
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.
Your notice should be sent to email@example.com or, if by physical mail, to:
19/F., Wyler Centre Phase II,
192-200 Tai Lin Pai Road,
Kwai Chung, N.T.
Submission of Reviews and Other User Content
COSMETIC AND PERSONAL CARE PRODUCTS Purchase of Cosmetic and Personal Care Products
YesStyle may offer cosmetic and personal care products, including, but not limited to, contact lenses, skin care products, makeup and fragrances, for sale through the Site. By purchasing such products you represent and warrant that you have consulted with an appropriate medical professional with respect to your use of such products and you have obtained all necessary prescriptions and other approvals and documents required in connection with your purchase and use of such products.
No Professional Advice; Risk of Use
All information supplied through the Site or by any YesStyle Party, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. The Site does not and is not intended to provide any information to diagnose, mitigate, prevent, treat or cure any disease or condition. Health-related information provided through the Site is not a substitute for professional medical advice. You must consult your personal physician or other healthcare professional before making medical decisions and before making purchasing decisions related to personal care products. You must carefully read and follow all product label information and the recommendations of your health care provider before using any cosmetic or personal care products. None of the information available through the Site constitutes a recommendation or solicitation to take or not take any particular action.
It is your responsibility to have your eyes examined by an eye care professional before purchasing contact lenses through the Site and regularly thereafter. You agree to follow your eye care professional's instructions for the proper use and care of any contact lenses purchased through the Site.
In addition to the terms set forth above with respect to all cosmetic and personal care products (and without limiting the generality thereof), by placing an order through the Site for prescription contact lenses, you certify, represent and warrant that (1) with respect to the contact lenses you are ordering you have a valid prescription issued within the timeframe required by law in your jurisdiction of residence following a physical eye examination conducted by a registered eye care professional licensed in your country, state, province or other applicable jurisdiction and (2) you have not, since your last issuance of a valid prescription pursuant to a physical eye examination conducted by a registered eye care professional licensed in your country, state, province or other applicable jurisdiction, suffered from any eye condition requiring treatment or been advised to stop wearing contact lenses by an eye care professional or medical practitioner. When you order contact lenses through the Site, you are responsible for entering the correct contact lens information according to your contact lens prescription. If you experience any pain or discomfort from any contact lenses purchased through the Site, you agree to discontinue use immediately and consult your eye care professional.
PAYMENT FOR PRODUCTS PURCHASED THROUGH THE SITE
Methods of Payment
YesStyle offers a variety of payment methods on the Site for the convenience of customers. Please note that each of the payment methods discussed below may not be available at all times. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.
If you reside in a country in the European Union and your credit card payment is processed via a European acquirer, then any terms regarding payment processing services will be between you and YA Trading Company Limited on behalf of YesStyle.com Limited. Goods and/or services will be delivered by YesStyle.com Limited directly.
Please refer to “Customer Service – About Payment” for more information regarding YesStyle’s policies and procedures relating to customer payments.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. With respect to each of your purchases YesStyle will automatically charge and withhold any applicable tax that it deems is required in any applicable jurisdictions.
All transactions conducted by or with YesStyle, including sales of items shown on the Site, issuance of gift certificates and credit for returned merchandise, are made in Hong Kong Dollars.
Payment made by credit card or PayPal® in a currency other than in Hong Kong Dollars will be converted to Hong Kong Dollars at the exchange rate determined by your credit card issuer or PayPal. Please consult your credit card issuer agreement or the user agreement for the PayPal service for information regarding the determination of exchange rates by them. These exchange rates may include a “spread,” or amount payable to PayPal or the credit card issuer, which may result in the actual price paid being higher than the posted British Pound price.
The Site allows users the opportunity to choose a “Reference Currency.” The Reference Currency function converts the Hong Kong Dollar prices shown on the Site to a currency selected by the user from those available on the Site. REFERENCE CURRENCY PRICES ARE COMPUTED AT THE APPROXIMATE EXCHANGE RATES AVAILABLE FROM TIME TO TIME FOR RETAIL TRANSACTIONS PURSUANT TO INFORMATION AVAILABLE TO YESSTYLE; HOWEVER, YESSTYLE IS NOT A BANK OR A CURRENCY DEALER AND MAKES NO REPRESENTATION OR WARRANTY THAT PRICES SHOWN ON THE SITE IN A REFERENCE CURRENCY REPRESENT ACTUAL PRICES PAYABLE BY CUSTOMERS IN SUCH REFERENCE CURRENCY. REFERENCE CURRENCY PRICES ARE FOR CONVENIENCE OF REFERENCE ONLY AND REFERENCE CURRENCY EXCHANGE RATES MAY BE UPDATED BY YESSTYLE ONLY PERIODICALLY. ACTUAL CONVERSION RATES FOR PURCHASES WILL BE COMPUTED AS PROVIDED ABOVE.
NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES. YesStyle does not provide cash refunds to customers. However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than in Hong Kong Dollars and such refund was made through the customer’s credit card or PayPal, then the credit card issuer or PayPal would determine the applicable exchange rate at such time as provided above.
In no event will any YesStyle Party be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.
YesStyle is located in Hong Kong and uses a Hong Kong payment gateway for its credit card transactions. Some banks or credit card companies will charge transaction fees for international purchases or purchases made from Mainland China, which will be reflected on your credit card statement as an extra charge. Payment for these charges are not the responsibility of either YesStyle or the Website. You are advised to confirm with your bank or credit card company for details of their foreign transaction fees.
YesStyle may provide coupons to certain customers through loyalty or promotional campaigns. Terms and conditions of coupons will be as separately advised by YesStyle or as set forth at “Customer Service – Credit & Coupon.”
PRODUCT DESCRIPTIONS, INFORMATION AND PRICES
Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. YesStyle does not represent or warrant that the descriptions of any products shown on the Site (including personal care products) are accurate or complete. IF YOU PURCHASE A PRODUCT FROM YESSTYLE THAT IS NOT AS DESCRIBED ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR YESSTYLE CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.
YesStyle has made every effort to display the colours of products on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor YesStyle cannot guarantee that your monitor’s display of any colour will be accurate.
YesStyle cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a “shopping cart” or “shopping bag” and the time the purchase is actually made. Also, despite YesStyle’s best efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of YesStyle, YesStyle may either (a) contact you for instructions before shipping the product or charging you for such product or (b) cancel the order for such product and notify you of such cancellation.
YesStyle will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, that contain other incorrect information or typographical errors or that are unavailable for any reason. YesStyle will have this right regardless of whether the order has been confirmed or your credit card or other payment service has been charged. If your credit card or payment service has already been charged for the purchase and your order is cancelled, YesStyle will immediately issue a credit to your credit card or payment service in the amount of the charge. Price Comparisons and “Save” Amounts
Price comparisons may be made throughout the Site to indicate the relative savings amounts of YesStyle’s pricing. Amounts shown as “Save” reflect the difference between the sale price and YesStyle’s normal or “list”, price for a given product. However, YesStyle makes no representation that a substantial number of these products have been sold or made available for sale at the list price.
ORDER PROCESSING, SHIPMENT, RETURNS, WARRANTIES
Passage of Title Title to products and risk of loss of products, passes to you upon delivery to the common carrier selected by YesStyle to deliver your order.
You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of YesStyle’s agreement to sell products to you.
YesStyle accepts returns of most defective products, products damaged in shipping and (in the case of clothing) products of incorrect sizes, in accordance with the terms and conditions posted from time to time at “Customer Service – Shipping and Returns.”
Replacement or repair of returned products will be made in accordance with the Return and Refund Policy. Any refunds provided pursuant to the Return and Refund Policy will be made in the form of credit that may be applied to other purchases on the Site. In no event will cash refunds be made.
Unless pursuant to a supplemental warranty offered by YesStyle from time to time with respect to the repair of defective jewelry products and subject to the terms and conditions applicable to such warranty as separately advised by YesStyle in writing or as posted on the Site from time to time (such warranty being a “YesStyle Warranty”), YesStyle will have no liability for any failure or malfunction of a product sold on the Site. Requests for technical service and support should be made directly to the manufacturer of a product in accordance with the terms and conditions of any warranty provided by the manufacturer. Information regarding manufacturers’ warranties is generally included in the materials shipped with the products or is available through the Site.
User Privacy; Data Security
You acknowledge and agree that the Site is a public space and that your participation in and Submissions to the Site create no expectation of privacy. Further, you acknowledge that any personal information you submit to the Site may be seen and used by others. No YesStyle Party is responsible for information that you or others choose to submit to the Site or for your actions or the actions of other users. YesStyle or its designated agents may remove or alter any information, Content or Submission posted or otherwise disclosed on the Site at any time for any reason. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE AS A SUBMISSION OR OTHERWISE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
While YesStyle takes reasonable steps to safeguard and to prevent unauthorised access to your personal information, no YesStyle Party is responsible for the acts of those who gain unauthorised access and no YesStyle Party makes any warranty, express, implied or otherwise, that YesStyle or any other YesStyle Party will prevent unauthorised access to your private information.
Certain portions of the Site may require you to establish an account, username and password. You are responsible for maintaining the confidentiality of such account, username and password and agree to accept responsibility for all activities that occur under your account, username or password. You agree to notify YesStyle immediately of any unauthorised use of your account, username or password or any other breach of security with respect to the Site. You may not use anyone else’s account, username or password at any time. You may not attempt to gain unauthorised access to the Site. You may not authorise any other person to use your account, username or password. You agree to provide YesStyle with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your account information by clicking on the “My Account” link on the Site.
Applications; Facebook Connect
YesStyle may allow you to log in to portions of the Site using “Facebook Connect,” a Facebook, Inc. (“Facebook”) Application, either as the sole means of logging in or as an alternate means. YesStyle may also allow you to use other Facebook Applications and features, such as a “Like” button, so that you may use information from your Facebook account on the Site and share activities and other information related to the Site via Facebook.com. In addition to the terms set forth above with respect to all Applications (and without limiting the generality thereof), by using Facebook Connect and/or other Facebook Applications and features, you permit the Site to access information related to your Facebook account (including your profile information, friends and privacy settings) and you permit Facebook to check your Facebook account cookies when you are visiting the Site and to receive information concerning actions you take on the Site.
The Site may contain links to other websites. The YesStyle Parties are not responsible for examining or evaluating and the YesStyle Parties do not warrant the offerings of any of the businesses or individuals operating such websites or the content of such websites. No YesStyle Party assumes any responsibility or liability for the actions, products or content of any of these third-party websites. You should carefully review the privacy statements and other conditions of use set forth in such websites.
Age of Users
YesStyle does not intend the Site to be viewed or used by individuals under the age of 18 (“minors”) without the supervision of a parent or guardian 18 years of age or older. YesStyle relies upon parents and guardians to determine if any Content or items available on the Site are appropriate for the viewing, access or purchase by minors. If a user is a minor, such minor may use the Site only under the supervision of parent or guardian. If a user is under 13 years of age the user may not, even under the supervision of a parent or guardian, make any Submissions.
Sweepstakes, Contests, Promotions
You consent to receive communications from YesStyle by e-mail. YesStyle will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that YesStyle provides to you in this manner satisfy any legal requirement that such communications be in writing.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY YESSTYLE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND YOUR USE OF ALL PRODUCTS (INCLUDING WITHOUT LIMITATION ALL COSMETIC AND PERSONAL CARE PRODUCTS) INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. NO YESSTYLE PARTY MAKES ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE YESSTYLE PARTIES DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS AND CONTACT LENSES) OR SERVICES INCLUDED ON, SOLD THROUGH, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO YESSTYLE PARTY GUARANTEES OR WARRANTS THE PERFORMANCE OF ANY SUPPLIER OR OTHER THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE, OR THE CONFORMANCE OF ANY THIRD PARTY’S PRODUCT OR DESCRIPTION THEREOF, TO ANY LAW, RULE, REGULATION, OR POLICY. NEITHER YESSTYLE NOR ANY OTHER YESSTYLE PARTY WARRANTS THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM YESSTYLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR FREE.
NO YESSTYLE PARTY WILL BE LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO, OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS, AND CONTACT LENSES) OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY APPLICATIONS, ANY E-MAIL SENT FROM YESSTYLE OR ANY THIRD PARTY'S UNAUTHORISED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ANY YESSTYLE PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE YESSTYLE PARTIES ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS, AND CONTACT LENSES), REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.
THE DISCLAIMERS REGARDING WARRANTIES AS TO PRODUCTS IN THE IMMEDIATELY PRECEDING PARAGRAPH DO NOT APPLY TO THE EXTENT OF ANY APPLICABLE EXPLICIT WRITTEN YESSTYLE WARRANTY (AS DEFINED ABOVE).
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW AND DISPUTES
ALL USE OF THE SITE, SUBMISSIONS, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE SITE AND TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.
Any dispute, controversy or claim relating in any way to the Site (including, without limitation, your visit to and use of the Site), to your Submissions, to the licenses granted hereunder or to products you purchase through the Site shall be submitted to confidential binding arbitration in Hong Kong conducted under Hong Kong law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of YesStyle or any affiliate or licensor of YesStyle, YesStyle may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an English translation thereof. The arbitrator shall state the reason upon which the award is based.
Delay in Enforcement
You agree to defend, indemnify and hold harmless YesStyle and the other YesStyle Parties from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to the use of the Site and any Content available on the Site, any breach of these terms of service and/or any Submissions submitted, in each case by you or any user of any of your accounts.
If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.