Terms & Conditions of use of Cafuné Website
Ownership of Site: Agreement to Terms and Conditions
These Terms and Conditions of Use (the "Terms and Conditions") apply to Cafuné's website located at www.ca-fune.com, and all associated sites linked to ca-fune.com (collectively, the “Site”). The Site is the property of Cafune Limited ("Cafuné" or "we"), a limited company registered under the laws of the Hong Kong Special Administrative Region ("HKSAR") at Block B, 8/F, 4-30 Lei Muk Road, Kwai Chung, Hong Kong. Business Registration number: 65110799 - 000. By accessing or using the Site, you agree to be bound by the Terms and Conditions.
Cafuné reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. Such changes, modifications, additions or removals shall have immediate effect upon posting on the Site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Cafuné, and is protected by trademark and copyright laws, and other relevant intellectual property rights and competition laws.
Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium of publication or distribution or for any commercial enterprise, without Cafuné's express prior written consent.
You may use information on Cafuné's products and services purposely made available by Cafuné for downloading from the Site, provided that you (1) use such information only for your personal, non-commercial information purpose and do not copy or post such information on any networked computer or broadcast it in any media; (2) make no modifications to any information; and (3) not make any additional representations or warranties to such documents.
Use of the Site
You may not use any automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. Cafuné reserves the right to bar any such activity.
You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Cafuné server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Cafuné, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Cafuné's systems or networks, or any systems or networks connected to the Site or Cafuné.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifier in order to disguise the origin of any message or transmittal you send to Cafuné on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other which infringes the rights of Cafuné or others.
Privacy and Data Protection Policy
Cafuné is committed to protecting your privacy and personal data. So we have developed the following Privacy and Data Protection Policy that covers how we collect, use, disclose, and store your personal data.
Personal data is data that can be used to identify or contact a single person.
We collect personal data including your name, e-mail address, postal address, phone number and credit card information from www.ca-fune.com and the relevant associated sites linked to www.ca-fune.com when you complete our feedback or contact form and when you make purchases from our online shop.
We also use your personal data to help us create, develop, operate, deliver and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes. We may use your personal data, including date of birth, to verify, identity, assist with identification of users, and to determine appropriate services. From time to time, we may use your personal data to send important notices, such as communications about purchases. We may also use personal data for internal purposes such as auditing, data analysis, and research to improve Cafuné's products, services, and customer communications.
Personal data will only be shared by Cafuné to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes. At times, Cafuné may make certain personal data available to strategic partners that work with Cafuné to provide products and services, or that help Cafuné market to customers.
It may be necessary, by law, legal process, litigation, and/or requests from public and governmental authorities for Cafuné to disclose personal information. We may also disclose your personal information if we determine that disclosure is reasonably necessary to enforce our Terms and Conditions to protect our operations or users.
This Privacy and Data Protection Policy is subject to change from time to time without notice, and such changes are effective immediately upon posting on the Site.
CAFUNÉ DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND/OR "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CAFUNÉ CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CAFUNÉ DISCLAIMS ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS ALLOWED BY LAW. CAFUNÉ DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
Cafuné reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Cafuné or any of its directors, employees, suppliers or agents be liable to you for any indirect, consequential, exemplary, incidental or punitive damages (including lost profits) arising out of or in connection with your use of the Site.
You agree to fully indemnify Cafuné, its officers, directors, employees, shareholders, agents, predecessors, successors in interest, and suppliers from and against all loss, liability, claims or expenses (including legal fees), made against Cafuné by any third party due to or arising out of or in connection with your use of the Site.
Cafuné may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with Cafuné's rights or property, or the rights or property of visitors to or users of the Site, including Cafuné's customers. Cafuné reserves the right at all times to disclose any information that Cafuné deems necessary to comply with any applicable law, regulation, legal process or governmental request. Cafuné may also disclose your information when Cafuné determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.
You acknowledge and agree that Cafuné may preserve any transmittal or communication by you with Cafuné through the Site or any service offered on or through the Site, and may disclose such data if required to do so by law or Cafuné determines that such preservation or disclosure is necessary to (1) comply with legal process; (2) enforce these Terms and Conditions; (3) respond to claims that any such data violates the rights of others; and (4) protect the rights, property or personal safety of Cafuné, its employees, users of or visitors to the Site, and the public.
You agree that Cafuné may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions. You also agree that Cafuné may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site, for cause, which includes (1) requests by law enforcement or other governmental agencies; (2) a request by you; (3) discontinuance or material modification of the Site or any service on or through the Site; or (4) unexpected technical issues or problems.
You agree that Cafuné will not be liable to you or to ay third party for termination of your access to the Site as a result of any violation of these Terms and Conditions
GOVERNING LAW AND DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the HKSAR without regard to its conflict of laws rules.
In the event of controversy or dispute between Cafuné and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time, not to exceed 30 days, then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Shall either party elect to bring any action or suit upon the dispute, both parties agree to the personal jurisdiction by and venue in the courts of the HKSAR, and irrevocably waive any objection to such jurisdiction or venue. Any such action or suit brought by you must be brought within [12 months] after the cause of action arises, or such claim or cause of action is barred.