- “Affiliates” include any of the Company’s holding companies, subsidiaries and third parties that the Company cooperates with in providing services to you on our Websites;
- “Company” or “we” or "us" means RL Digital Limited;
- “User Account” means the user account registered by you on our Websites;
- “our Websites” means www.fluztop.com and any affiliated websites and its services;
- “Personal Data” has the meaning given to it in the Personal Data (Privacy) Ordinance (Cap 486, Laws of Hong Kong).
Who we are
- Our Websites are operated by the Company, a company registered in Hong Kong.
- Our Website "www.fluzbeauty.com" provides the latest social and fashion news and trends in Hong Kong and elsewhere around the world. Our Website www. fluzbeauty.com is a marketplace that allows merchants to sell, and buyers to buy, a variety of products within Hong Kong.
- If you have any enquiries regarding these Terms, our Websites or the Company, you may write to us. Any such enquiries shall be made in writing (by e-mail) to: firstname.lastname@example.org
By using our Websites, you agree to these Terms
- By using our Websites, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Websites.
- We recommend that you print a copy of these Terms for future reference.
- These Terms were last updated on 9 July 2019 and we reserve the right to amend these Terms at any time without prior notice to you. This right includes the right to change of the documentation which forms part of these Terms. Your continued access or use of our Websites constitutes your acceptance of the amended Terms.
- We may update and change our Websites from time to time without prior notice to you.
There are other terms that may apply to you
- These Terms refer to the following additional terms, which also apply to your use of our Websites:
- Our Websites are made available to you free-of-charge. You do not need to register for a User Account to access our Websites. However, if you do not do so, you may not be able to enjoy certain services available on our Websites.
- You must be at least 18 years of age or have attained the age of majority required under your place of domicile (if higher) to register for a User Account on our Websites. By registering for a User Account, you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract. You also represent to us and to all merchants selling through our Websites that all purchases made by you through our Websites will be within the scope of your authority to conclude contracts.
Orders and Payment
- In order to purchase items on our Websites, you must have a User Account and be in possession of a valid credit card acceptable to us for payment, or be in possession of a valid Credit Card, PayMe or ApplePay account.
- You are responsible for reading the full item listing before buying an item.
- We do not have possession (physical or otherwise) of anything listed or sold through our Websites, and we are not involved in the transaction between buyers and merchants.
- We are responsible for managing and administering our Websites and arranging order processing for the items you ordered from the merchants through our Websites.
- When placing an order, you are making an offer to buy that item from the merchant of that item, at the price stated for that item, and authorise our third party payment service providers to process a charge(s) on your Credit Card, PayMe or ApplePay account (as the case may be) in the amount of the total purchase price of your order. If you are paying with PayMe, you must send to us a sum of money in the amount of the total purchase price of your order. We cannot process your order until we have received full payment. To facilitate payments made with PayMe, we may provide you with a QR code.
- You acknowledge that we may use third party payment services to process online transactions. When you place your order, you agree and accept that your Credit Card, PayMe or ApplePay account information (as the case may be) will be collected, processed and kept by us and the payment service provider subject to its terms and conditions. You agree and accept that you are solely responsible for any losses incurred or sustained by you in making such transactions, and in no event shall any such losses be borne by us.
- You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
- Upon our receipt of full payment and confirmation of available stock, we may acknowledge your order to confirm that we have received your order by email. This confirmation is an acceptance of your order on behalf of the merchant. The confirmation will provide:
- Details of what you ordered;
- Details of the price charged;
- Information about the progress of your order; and
- Estimated delivery information.
- We reserve the right not to accept, or cancel, an order for any reason at our sole discretion. If we cancel your order, we will notify you by email and will credit to the payment method used to pay for the item. You accept that we will not be obliged to offer any compensation for disappointment suffered.
- By placing an order using one of the accepted payment methods, you confirm that the Credit Card, PayMe or ApplePay account (as the case may be) belongs to you or that you have been authorised by the owner to use it. If your card issuer refuses to authorise payment to us, we will not be liable for any delay.
- All orders are subject to availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other buyers. The availability should not be relied on as definite statements.
- Our Websites are for your personal use only, and you must not purchase items from our Websites for reselling purposes or commercial exploitation.
- Unless otherwise stated, prices are shown on our Websites in Hong Kong Dollars. Prices displayed on our Websites at the time of your order are accepted and will be honoured except in case of error. Whilst we use reasonable endeavours to ensure that all prices are accurate, we do not guarantee that they are error-free and we reserve the right to rectify any such errors.
- If we discover an error in the price of any products you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.
- All deliveries are made or arranged by the merchant.
- Deliveries are only made within Hong Kong.
- Whilst we may give an indication of the expected delivery time when you place your order, we cannot guarantee that such estimates are met. In most cases, orders will be delivered by the merchant within 7 to 10 business days of you placing your order.
- The merchant insures each order through transit up until it is delivered to you or is collected.
- You will become the owner of the item you ordered when they have been delivered to you. Once an item has been delivered to you, it will be held at your own risk and the merchant will not be liable for any loss or damage.
- If you fail or refuse to accept delivery of an item in accordance with these Terms, the item shall be deemed to have been delivered to you at the time you would have accepted delivery had you not failed or refused to do so, and the delivery service provider will have the right to store and handle the item in accordance with its terms and conditions, and charge you for all related costs and expenses. The delivery service provider may make efforts to contact you to collect the item.
Prohibited uses, warranties and representations
- You may use our Websites only for lawful purposes. You represent, warrant and covenant that you will not use our Websites in any of the following manner:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- In such a way that infringes on the rights or intellectual property rights of any other person.
- By creating more than one User Account, using the User Account of another person, permitting another person to use your User Account or impersonating another person.
- You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Websites in contravention of the provisions of these Terms or any of our policies in force.
- Not to access without authority, interfere with, damage or disrupt any part of our Websites, any database or equipment or network on which our Websites are stored, any software used in the provision of our Websites, or any equipment or network or software owned or used by any third party.
- Where in these Terms, representations and warranties are made by you to us and to merchants operating through our Websites, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such merchants and that each merchant may rely upon and enforce such representations and warranties against you.
- We do not guarantee that our Websites will be secured or free from bugs or viruses.
- You are responsible for configuring your computer and platform to access our Websites. You should use your own virus protection software.
- You must not misuse our Websites by knowingly introducing viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Websites, the server on which our Websites are stored or any server, computer or database connected to our Websites. You must not attack our Websites via a denial-of-service attack or a distributed denial-of service attack. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Websites will cease immediately.
We may suspend or withdraw our Websites or your User Account
- We do not guarantee that our Websites, or any content on it, will always be available or be uninterrupted.
- We may refuse to approve your application for a User Account, suspend or withdraw or restrict the availability of your User Account and all or any part of our Websites for any reason and without prior notice to you.
- You are also responsible for ensuring that all persons who access our Websites through your internet connection are aware of these Terms and any of our policies in force, and that they comply with them.
You must keep your User Account details safe
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or any of our policies in force.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
- Unless otherwise stated, we are the owner or the licensee of all intellectual property rights on our Websites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our Websites for only your personal use and you may draw the attention of others within your organisation to content posted on our Websites.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our Websites must always be acknowledged.
- You must not use any part of the content on our Websites for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of our Websites in breach of these Terms, your right to use our Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on our Websites
- The content on our Websites is provided on an "as is" basis and is for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Websites.
- While we may provide pricing, postage, listing and other guidance on our Websites, such pricing, postage, listing and other guidance is solely informational and you may decide to follow it or not. We have no control over, and do not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of user's contents; the ability of merchants to sell items; or that a merchant will actually complete a transaction.
- Although we make reasonable efforts to update the information on our Websites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Websites is accurate, complete or up to date, including, but not limited to, any news or products and its quality or purpose.
- In particular, we make no representations, warranties or guarantees (1) regarding the legality of the access to our Websites in your place of jurisdiction or (2) that our Websites, or any content on it, will always be available or uninterrupted.
Third party websites
- Where our Websites contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- We have no control over the contents of those sites or resources.
- These content standards apply to any and all material (including comments) which you post or contribute to our Websites ("Contribution"), and to any interactive services associated with it. These standards must be complied with in spirit as well as to the letter. These standards apply to each part of any Contribution as well as to its whole.
- A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with these Terms and any of our policies in force.
- Comply with the law applicable in Hong Kong and in any country from which it is posted.
- A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from the Company, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
Uploading content or Contributions to our Websites
- Whenever you make use of a feature that allows you to upload any Contributions to our Websites, or to make contact with other users of our Websites, you must comply with the content standards set out in these Terms and any of our policies in force.
- You warrant that any such Contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any Contribution you make on our Websites if, in our opinion, your content does not comply with those standards.
- Any Contribution you upload to our Websites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Contribution, but you are required to grant us a limited licence to use, store and copy that Contribution and to distribute and make it available to third parties. The rights you licence to us are described in paragraph 19 (Rights you are giving us to use material you upload).
- We also have the right to disclose your identity to any third party who is claiming that any Contribution posted or uploaded by you to our Websites constitutes a violation of their intellectual property rights, or of their right to privacy.
- You are solely responsible for securing and backing up your Contributions.
Rights you are giving us to use material you upload
- When you upload or post content to our Websites, you grant us the following rights in respect of that content:
- A perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the service provided by the Websites and across different media;
- We may use that content to promote the Websites and its services; and
- Such licence also allows our Affiliates and any third parties which we work with, to use that content for their purposes or in accordance with the functionality of our Websites.
User-generated content is not approved by us
- Our Websites may include information and materials uploaded by other users of our Websites. This information and these materials have not been verified or approved by us. The views expressed by other users on our Websites do not represent our views or values.
- If you wish to complain about information and materials uploaded by other users please contact us.
Loss and liability
- We exclude all implied conditions, warranties, representations or other terms that may apply to our Websites or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Websites;
- use of or reliance on any content displayed (including any content that has been removed or deleted) on our Websites;
- any delay in providing or delivering, or failure to provide or deliver or make available, any item or any negligent provision of items;
- any item not being of merchantable quality or fit for their intended purpose;
- any misrepresentation or misdescription on or relating to our Websites or its services or of any items on our Websites.
- Please note that we only provide our Websites for domestic and private use. You agree not to use our Websites for any commercial or business purposes, and we have no liability to you. In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- Furthermore, we do not represent or warrant that:
- any services (whether or not provided by us) will be provided with due care or skill;
- any item (whether or not provided by us or purchased through our Websites) will be of merchantable quality or will be fit for purpose (even if that purpose has been stated).
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- You agree to indemnify, on demand, the Company, its Affiliates, directors, employees, agents and subcontractors, in connection with any and all losses and costs (including but not limited to reasonable administrative and legal costs) incurred by the Company arising out of or in connection with: (1) your use of, or inability to use, our Websites or (2) your breach of any of these Terms or any of our policies in force.
- You agree that each of these limitations is reasonable having regard to the nature of our Websites and in particular given that when you purchase items through our Websites, you will enter into a separate contract with the merchant in each case.
How we may use your Personal Data
Linking to our Websites
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our Websites in any website that is not owned by you.
- Our Websites must not be framed on any other site, nor may you create a link to any part of our Websites other than the home page.
- We reserve the right to withdraw linking permission without notice.
- Failure to comply with these Terms or any of our policies in force may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Websites (including your User Account);
- Immediate, temporary or permanent removal of any content or Contribution uploaded by you to our Websites;
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
- Further legal action against you;
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
- We exclude our liability for all action we may take in response to breaches of these Terms or any of our policies in force. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
- Nothing in These Terms shall limit your rights under law.
- These Terms are written in English and may be translated into other languages from time to time. In the event of inconsistency between the English version and the translated version, the English version shall prevail.
- These Terms shall be governed by and construed in accordance with the laws of Hong Kong.
- Any dispute, controversy, difference or claim (including non-contractual claims) arising out of or relating to these Terms including the existence, validity, interpretation, performance, breach or termination hereof shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
- The seat and law of arbitration shall be that of Hong Kong.
- The number of arbitrators shall be 3. The arbitration proceedings shall be conducted in English.
- Notwithstanding anything to the contrary in these Terms, the parties agree that where the dispute, controversy, difference or claim is no more than US$50,000, the HKIAC Small Claims Procedure shall apply.
- If any part of these Terms shall be found by any court or other competent authority to be invalid, illegal or unenforceable in any respect under any law of any jurisdiction, such invalidity, illegality or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect. Any such invalidity, illegality or unenforceability in any jurisdiction will not invalidate or render invalid, illegal or unenforceable such (or any other) provision in any other jurisdiction.