Sale of the Century 2024

For the Sale of the Century 2024, please note that ALL SALES ARE FINAL AND NON-REFUNDABLE. The importance of quality and care for our clients is important to us. This rare, storewide sale is an offering of high-quality products we hope you love as much as we do. Please reach out directly to us if you have further questions.

 

These terms and conditions ("Terms") apply to all sale and purchase of goods ("Goods") effected through online shops operated on websites owned and/or operated by K.S. Sze & Sons Ltd. ("K.S.") (collectively, "Websites").  These Terms do not govern any sale and purchase of goods effected at other K.S. authorized third party online sale channels.

Additional terms and conditions specific to particular jurisdictions may be applicable to your use of the Websites and/or your placement of an order ("Jurisdiction Specific Terms"). In using the Websites and/or placing an order using the Websites ("Order") you agree to be bound by these Terms, the Jurisdiction Specific Terms, the terms and conditions relating to the use of the Websites ("Website Terms of Use") and the Privacy Statement ("Privacy Statement") set out at www.ks-sze.com  (together, the "Full Set of Terms"). If you do not accept the Full Set of Terms, you must refrain from using the Websites. K.S. reserves the right to amend the Full Set of Terms from time to time without prior written notice to you.

To the extent of any discrepancy or inconsistency between the Terms, the Jurisdiction Specific Terms, the Website Terms of Use, and/or the Privacy Statement, the order of precedence will be the Jurisdiction Specific Terms, these Terms, the Website Terms of Use and the Privacy Statement. To the extent of any discrepancy or inconsistency between the English and the Chinese versions of the Full Set of Terms, the English version will prevail.

 

All references in these Terms to "we", "us" and "our" will mean "K.S.".

 

1. Sale and Purchase

1.1 We will only deliver Orders within the following territories (collectively, the "Territories" and each a "Territory"):

- the Hong Kong Special Administrative Region of the People's Republic of China ("China Hong Kong");

Orders may be placed in one Territory for delivery to another Territory. Your Internet protocol (IP) address may be used to determine the territory from which your Orders are placed.

1.2 We will sell and deliver the Goods to end user customers only. You confirm and warrant that your Order of Goods is for your personal use as an end user or as a gift, and not for resale to any third party or for any other commercial purposes whatsoever. 

1.3 We may restrict the maximum aggregate monetary amount of each Order and the number of Orders you may place per calendar day. These restrictions will be specified in the Order.

2. Placing Orders

2.1 The online shopping facility on the Websites is available only to registered members of the Websites.

2.2 Before ordering, you have to check that the Goods can be lawfully and legally imported to the destination country/region.

2.3 Information contained on the Websites constitutes an invitation to treat only, which may not be regarded as an offer by us to supply any goods.

2.4 We make no guarantee that the goods shown on the Websites will be available for sale at all times.

2.5 You may place an Order by completing the following four steps: (i) adding the Goods into your "shopping cart"; (ii) filling in the electronic order form ("Order Form"); (iii) submitting the completed Order Form; and (iv) submitting confirmation of your Order ("Confirmation") ((i) to (iv) collectively, "Order Process").

2.6 You represent and warrant that you are at least 18 years old and have the legal capacity to enter into legally binding contracts.

2.7 Your "shopping cart" can only accommodate a certain number of Goods. This number may change from time to time and will be specified in the Order.

2.8 Your placing of an Order will constitute an offer from you to us to purchase the Goods contained in that Order. We have absolute discretion to accept any Order or to decline any Order without ascribing any reason for declining an Order.

2.9 If your Order is accepted, you will receive an acceptance ("Acceptance"). A legally binding contract for the sale and purchase of Goods between you and us will only be formed when you received our Acceptance. The Full Set of Terms, together with the Order and the Acceptance, constitute the entire agreement and understanding between you and us in relation to the sale and purchase of the Goods ("Contract") and will supersede all previous correspondence, understandings and agreements, if any, between you and us in respect of the same. To the extent of any inconsistency between the terms of Order and Acceptance and the Full Set of Terms, the terms of Order and Acceptance will prevail.

2.10 Notwithstanding any provision to the contrary, we reserve the right to refuse processing or fulfilling an Order (whether accepted or not) in the event that any lawful reason arises or any circumstance not within our control or expectation occurs which prevents or restricts us from delivering the Goods under such Order or which otherwise renders us unable to fulfill or perform such Order. In such an event, we will refund to you the amount already paid by you for such Goods (excluding any fees charged by banks, credit/debit card companies or other service providers).

2.11 The quantity, description and specification (if any) of Goods set out in a Confirmation will be final and conclusive evidence of the same.  Despite the foregoing, while we will make every effort to describe the Goods as accurately as possible, the actual characteristics of the Goods (including but not limited to colour, grade, size, and materials used) may differ slightly from those set out on the Websites and/or Confirmation. To the fullest extent permissible under applicable law, we expressly disclaim any representation or warranty as to the accuracy of the characteristics of the Goods, and we will not be liable to you for any inconsistency or discrepancy in respect thereof.

2.12 You are responsible for ensuring the completeness and correctness of all information provided in connection with your Order. We will not be liable for any failure or delay in discharging our obligations or performing our duties under a Contract if such default is related in any way to incomplete, incorrect or misleading information provided by you. You undertake to indemnify and hold us, our officers, agents, employees, contractors, other representatives and affiliated companies (including but not limited to our holding companies, subsidiaries and group members) harmless from and against all claims, losses, damages, charges, taxes, duties, costs and expenses incurred or suffered as a result of your provision of incomplete, incorrect or misleading information.

3. Payment Terms

3.1 Unless otherwise specified by us, all prices quoted on the Websites are in Hong Kong dollars and are subject to adjustment at our absolute discretion from time to time without prior notice to you. Our other K.S. authorised third party online sale channels or K.S. retail shops are under no obligation to match the prices quoted on the Websites and vice versa.

3.2 The purchase price of Goods ("Price") will be the price specified in the Confirmation. In respect of "non-fixed price" gold items, the Price will be calculated based on the weight of the Goods and any other relevant factors as we may determine (including, without limitation, craftsman cost). In any event, the total price stated in the Confirmation will be final and conclusive.

3.3 Prices are exclusive of any and all applicable shipping fees, delivery charges, handling fees, insurance charges and Taxes.

3.4 You, being the recipient or deemed recipient of the Goods, will be the importer of record and the person who must comply with all import and customs laws and regulations of the destination country.  You will be responsible for the payment of any and all Taxes payable on the purchase of Goods. "Taxes" means any present or future taxes (including taxes on goods and/or services), rates, levies, imposts, duties (including customs duties and stamp duties), deductions, charges, compulsory loans and withholdings (other than any such taxes on the overall net income of a party) which may be incurred in any jurisdiction and any interest, penalties, fines or expenses relating to any of them. You acknowledge that the payment of such Taxes is necessary for the Goods to be cleared by and released from the customs authority of the destination country and/or delivered to the designated delivery address.

3.5 We make every attempt to avoid errors in pricing and product information. If a mistake does occur, we reserve the right and absolute discretion to correct it, refuse or cancel any Order placed, or terminate the relevant Contract.

3.6 Unless otherwise specified by us, payment for Goods will be effected in Hong Kong dollars by way of credit/debit card accepted on our issuance of the Acceptance. You hereby represent and warrant that you are the legitimate holder of the credit/debit card used for payment for the Goods. If the credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank or card provider.

3.7 Your credit/debit card payment will be processed by such service provider as we may engage from time to time ("Payment Processor"). Your credit/debit card particulars will be passed onto the relevant financial institution through the Payment Processor. We do not and will not retain any of your credit/debit card particulars.

3.8 Original invoice for payment of Goods will be sent to your designated billing or delivery address. If the designated delivery address is different from the designated billing address, we reserve the right to charge you the additional mailing charges and reasonable administrative fees.

3.9 We will not be liable for any loss or damage arising directly or indirectly from:
(a) your failure to protect your personal data during the course of effecting any payment online; 
(b) your failure to provide complete and accurate information during the online payment process; or
(c) any other reasons in connection with the specified mode of payment.

3.10 For special orders, the actual completion date may vary depending on the supply of materials. You are suggested to contact us before placing the orders for an estimate on the completion date.

4. Self collection of the Goods

4.1 Subject to full payment in accordance with the provisions herein, the Goods will be available for pick-up at the designated K.S. retail stores in Hong Kong.
4.2 We reserve the right to revise any service terms from time to time without prior notice.

 

5. Passing of Risk and Title

5.1 Title to the Goods will pass to you upon our receipt of your full payment for the Goods. Risk in the Goods will pass to you upon delivery of the Goods to the designated delivery address or the Goods being picked up at the K.S. retail shop in Hong Kong. Notwithstanding anything contained herein, we will not be responsible for any damage to the Goods due to any omissions, acts or events beyond our reasonable control.

 

6. 7-Day Exchange Guarantee

6.1 Subject to the provisions herein, if you are unsatisfied with the Goods, you may exchange them provided that: (i) you have lodged your request for exchange to the email address for return of Goods specified on the Website within 7 days (or such other period required by law) after its date of delivery or pick-up (whereupon we will normally issue an acknowledgement of claim by return email within 1 working day after receipt of such notice); (ii) the Goods with the original invoice are returned within 14 working days from the date of the aforesaid acknowledgement, in person to the return address specified on the Website; and (iii) the Goods returned are in its original condition, packaging and other accessories (e.g. certificate, free gifts, coupons, redemption items) and have not been used . If you do not receive any acknowledgement from us within the aforesaid 1-day period, you are under a duty to call our customer service hotline to lodge your claim within 7 days following the date of delivery or pick-up of the Goods.

6.2 If a claim is lodged in accordance with the provisions herein, we will endeavour to exchange to you the amount paid for the Goods, net of any and all applicable taxes and duties, handling, shipping, delivery and insurance charges, within 30 working days after we have received the Goods. We retain the right to charge a reasonable administrative fees for our processing your application for a return or exchange.
 

6.3 Any claim not made in the manner set out in this Clause above will not be processed, considered or accepted.

6.4 All costs, expenses and risks arising from or in connection with the return of the Goods (including without limitation, shipping, delivery, insurance, handling and administrative charges) will be borne by you entirely. You may want to consider obtaining insurance for your shipment of the returned goods, but any such insurance will be obtained at your own cost and/or risk. K.S. shall not bear any responsibility for any losses, direct or otherwise, that may arise from loss or damage of the Goods arising from or in connection with the return of the Goods.

6.5 Goods must be returned in its original unaltered condition and original packaging.  If the Goods have been used, they shall no longer be eligible for return or exchange.
 

6.7 Unless you have proven to our satisfaction that damage, defacement, fault or defectiveness in the Goods was caused by us or our delivery service provider, any Goods that are damaged, defaced, faulty or defective will not be eligible for return or exchange.

6.8 To the extent permitted by applicable law, we reserve our right to decline any claim for return or exchange lodged hereunder, and if a dispute arises hereunder, our decision will be final and conclusive.

6.9 To the extent permitted by applicable law, there shall be no right to exchange or return Goods that are with any discount offered items, engraved, pre-order or tailor made.

 

7. Repair and Maintenance Services

7.1 If you are located in Hong Kong, you may bring the Goods and related invoice to any K.S. retail shop in Hong Kong for repair and maintenance services at our then current prices and on such terms as we may advise. If you are not located in Hong Kong, you should contact the K.S. Customer Service Centre who will decide in our sole discretion if such services can be provided.

 

8. Ancillary Services

8.1 Each of the ancillary services set out in this Clause ("Ancillary Services") are provided at the sole discretion of K.S. who may at any time, for any reason and with no notice, terminate the provision of these Ancillary Services.

8.2 If you have so selected, we will provide you with complimentary greeting card services at no additional cost. The contents of your gift card must not be libelous, obscene, threatening, abusive, hateful or in violation of any applicable laws or regulations. Notwithstanding the foregoing, we reserve the right not to provide any greeting card service at any time without notice to you. 

8.3 We do not accept any liability arising from or in connection with the contents of the greeting card. You agree to indemnify and hold us, our officers, agents, employees, contractors, other representatives and affiliated companies (including but not limited to our holding companies, subsidiaries and group members) harmless from and against all claims, costs, expenses, losses and damage arising from and/or in connection with the contents of the greeting card.

8.4 Complimentary engraving service is only available to certain items selected by K.S. from time to time at the time of an Order placement. K.S. has the discretion to restrict the number of characters, including punctuation, per item of Goods for engraving.  Any extra characters will be subject to additional charges. The number of complimentary characters shall be at the sole discretion of K.S..

Any right to return or exchange hereunder shall not apply to any Goods that have been engraved.

8.5 Length adjustment service for watches and bracelets will be available at the K.S. retails shops in Hong Kong and is only applicable to certain selected items, subject to additional charges as we may determine from time to time - details may be obtained from the K.S. Customer Service Centre. Customers who are not in Hong Kong should contact the K.S. Customer Service Centre who will decide in their discretion if such service can be provided.  

8.6 You may enjoy free resizing service from us for any ring item at any K.S. retail shop in Hong Kong for one time within one year after the date of purchase of the Goods (as stated in the invoice issued by us). Resizing service is only applicable to certain selected items (discounted items excluded), provided that you present to us the original invoice. Notwithstanding the foregoing: (i) such service is restricted to reduction or increase in size not exceeding two size levels according to the size scale adopted by us at the relevant time; and (ii) we will charge you material costs for additional material used in the resizing. Customers who are not in Hong Kong should contact the K.S. Customer Service Centre who will decide in their discretion if such service can be provided.

8.7 Not all Goods are suitable for resizing or length adjustment and you should check with the K.S. Customer Service Centre to find out if resizing or length adjustment is possible for the Goods you are purchasing. K.S. has the discretion to decide whether any Good is suitable for resizing or length adjustments. 
 

8.8 Life-long complimentary cleaning and examination services for the Goods are available at all K.S. retail stores in Hong Kong. Customers who are not in Hong Kong should contact the K.S. Customer Service Centre who will decide in their discretion if such service can be provided.  

8.9 Within one year after the date of purchase (as stated in the invoice issued by us), you may on one occasion for each Good you have purchased, enjoy our polishing service free-of-charge at any K.S. retail shop in Hong Kong.  Such service only applies to such items as we may decide from time to time. Customers who are not in Hong Kong should contact the K.S. Customer Service Centre who will decide in their discretion if such service can be provided.

 

9. Online Customer Service

9.1 Online customer service ("Online Customer Service") will be available from 9:00 a.m. to 6:00 p.m. local time in Hong Kong every day (except Sundays and public holidays in Hong Kong) or at such other times as K.S. shall in their discretion deem appropriate. While we endeavour to respond to each and every enquiry that you send as soon as possible, we are not responsible and/or liable for any delayed response or omission to respond.

9.2 No statement or information given during the Online Customer Service constitutes an offer to sell any goods, or a representation, condition, warranty or undertaking (express or implied) given by K.S..

 

10. Liability under the Contract

10.1 The Full Set of Terms and the Contract set out the full extent of our obligations and liabilities in respect of the Websites and sale of Goods.  Except as expressly stated otherwise, and to the extent permitted by applicable law, the Websites and the Goods are provided "as is", without any representation, warranty or condition, whether express or implied, whether based on common law, statute or otherwise.

10.2 You must observe and comply with all applicable laws and regulations, including obtaining all necessary customs, import or other permits to purchase and receive Goods from us. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.

10.3  Our maximum aggregated liability to you, or to any third parties, whether in contractor otherwise, arising out of, or in connection with the Contract is limited to the amount paid by you for the Order in respect of which the claim arises.
 

11. Warranties

11.1  Any typographical error, clerical or other error or omission on the Websites, sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us may be corrected or amended at any time without any prior notice or liability on our part.

 

12. General Terms

12.1 No failure or delay by us in exercising any right, power or remedy will operate as a waiver thereof, nor will any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of the Full Set of Terms or the Contract will be deemed to be a waiver of any subsequent breach of that or any other provision of the same.

12.2 We will not be liable for any default of obligations or duties directly or indirectly caused by or resulted from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labour disputes, equipment failures (including but not limited to internet system failure), or any other causes beyond our reasonable control.

12.3 All product photos and values of free gifts shown in promotional materials and K.S. eShop are for reference only, the real object should be considered as final.

12.4 You may not assign or transfer any rights or obligations under the Full Set of Terms or the Contract to any third person without our prior written consent.

12.5 We reserve the right to amend the Full Set of Terms from time to time without prior notice to you.

12.6 The provisions contained in each clause of the Full Set of Terms and the Contract are enforceable independently of each of the others and its validity will not be affected if any of the others is invalid.  If any provision is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions will not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there will be added as part of the Full Set of Terms and the Contract one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.

12.7 Both the Full Set of Terms and the Contract are governed by and construed in accordance with the laws of Hong Kong. 

12.8 The parties hereby submit to the exclusive jurisdiction of the courts of Hong Kong.

 

13. Promotion offer Terms & Conditions

13.1 Promotion offers are available in K.S. eShop (Hong Kong) only. All records held by the company shall be treated as conclusive.

13.2 Promotion offers are not available for overseas order.

13.3 One time use only for each transaction. Accumulated usage is not allowed.

13.4 Unless otherwise specified, the promotion offer cannot be used in conjunction with other promotion offers.

13.5 Promotion offers are applicable to selected products only. The products are available while stocks last.

13.6 The Promotion offers may subject to additional terms and conditions.

13.7 We will not be liable for any loss or destruction of or damage to the gift offered by third-party merchant. All offers are available while stock lasts.

13.8 K.S. is not responsible for any event of Force Majeure, any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website, or any combination thereof, including any damage to client's or any other person's computer or other electronic devices or property related to or resulting from the participation in or downloading of any materials from the websites of K.S. eShop.

13.9 The Promotion offer details are subject to the item availability and subject to change without prior notice.

13.10 In case of disputes, decision of the Company shall be final and conclusive.

 

14. Enquiries

For any enquiries, please contact the K.S. Customer Service Centre through the Online Customer Service available on the Websites, or by email to the address set out in the Order or by calling our customer service hotline at as set out on the Websites.

 

15. Jewellery Customisation Service Terms and Conditions

15.1.1 You may select the diamond and jewellery type you want via [https://www.ks-sze.com] (the “Website”) and enter your personalised code (the “Code”), which must contain characters, alphabets, numerals and/or selective commonly used symbols (or any other combination as determined or amended by K.S. from time to time) and these Terms and Conditions (“Terms”) apply to the above jewellery customisation service (the “Service”) provided to you by K.S. Sze & Sons Ltd. (“K.S.”).

15.1.2 By using the Service, you agree to be bound by the Terms set out on the Website and K.S. eShop terms and conditions set out on [https://www.ks-sze.com] (“eShop Terms”) and acknowledge that you have carefully read and understood the content of the Service, the Terms and the eShop Terms. The Eshop Terms may be subject to change from time to time and please visit [https://www.ks-sze.com] for the latest version. In the event of any inconsistency between the Terms and the eShop Terms, the Terms shall prevail.

15.1.3 You also acknowledge that these Terms may be revised, amended or canceled from time to time without prior notice. Your continued use of the Service after such revision or amendment shall be deemed as your acceptance of these revised or amended Terms. The latest Terms set out on the Website shall prevail.

15.1.4 K.S. reserves the right to modify or withdraw, temporarily or permanently, the Service (or any part thereof) without prior notice. In any event, K.S. shall not be liable to you in respect of any modification to or withdrawal of the Service.

 

Customisation Service – Terms and Responsibilities

15.2.1 The personalised Code will be valid upon the approval of K.S. and K.S. has absolute and final discretion over the approval process. You acknowledge and agree that the font, style, type and size of the Code will be determined solely by K.S..

15.2.2 once you confirm and submit through the Website the diamond chosen, jewellery type and personalised Code,your order will be deemed to be submitted. Once you submit the order and settle the payment in full, K.S. shall send you an email confirming the receipt of your order and the approval process of your order will commence. You acknowledge and agree that  you cannot change the order (including but not limited to the diamond, jewellery type and personalised Code), except for those permitted under clause 15.2.4. You are also not allowed to cancel the order. You shall be solely responsible for all consequences incurred and K.S. has no responsibility thereof.

15.2.3 If your personalized Code is approved, you will receive an acceptance from K.S. for confirming your order. A legally binding contract for the sale and purchase of goods between you and K.S. will only be formed when an acceptance has been issued.

15.2.4 If your personalised Code is not approved by K.S., the staff of K.S. shall contact you for amending the Code and confirming and submitting the order again for approval. If you decide not to amend the Code, K.S. shall refund to you the full payment collected.

15.2.5 You shall only create a Code for any lawful purposes and in a lawful manner. You agree to comply with all laws and regulations applicable to your use of the Service. You also undertake and warrant that your personalised Code do not infringe the intellectual property rights or other rights of any other individuals or organisations, and do not violate any laws and regulations. K.S. has absolute and sole discretion over the approval and confirmation of any personalised Code. Nevertheless, approval of any personalised Code does not indicate or imply that you have complied with the above regulations or mean that you are deemed to have complied with the same. You shall indemnify and hold K.S. harmless against all losses and liabilities (including but not limited to any third-party claims against K.S. for the violation of intellectual property rights) suffered or incurred by K.S. as a result of your breach of any regulations or terms above.

15.2.6 You understand that the present product simulation on the Website is for reference only. You also acknowledge that the Service is provided based on the specific requirements of customers and that all finished products are different, so it is difficult to simulate all possible combinations. While K.S. takes its best efforts to show the product as accurately as possible on the Website, the appearance of a product displayed on a computer screen or mobile device may be affected by the screen setting or resolution of individual computer or mobile device. You agree that K.S. shall not be held liable for any technical constraints and K.S. does not warrant that any colour, size, texture or detail of any product displayed is accurate.

15.2.7 You fully understand that the customized products cannot be exchanged or returned under all circumstances.

15.2.8 The production time for producing the customized products after K.S. sending out an email for confirming the receipt of your order (excluding the delivery time) is estimated to be one working day. Under these Terms, Saturdays, Sundays and public holidays in Hong Kong shall not be deemed as working days.

 

Submission and Ownership of Information

15.3.1 While K.S. has absolute and final discretion over the approval of the personalised Code under the Service, you are solely responsible for the personalised Code. You represent and warrant that your personalised Code will not, in any manner: a) violate any applicable laws or regulations or advocate illegal activities; b) infringe the copyright, trademark, trade secrets or other intellectual property rights of any parties, organisations or governments; c) violate the privacy or publicity or other personal rights of any parties, organisations or governments; d) be libellous, defamatory, obscene, pornographic, scandalous, threatening, abusive or hateful; e) advertise or solicit funds, goods or services or disseminate any malignant schemes, messages or other forms of solicitation, and you agree not to submit any such materials.

15.3.2 You agree that your personalised Code may be used, accessed, redistributed, identified, approved and/or replied by K.S.-related divisions, organisations or partners involved in the provision of the Service so as to produce the products. K.S. shall not be liable for any improper use of such personalized Code by any third party.

15.3.3 You acknowledge that K.S. will not be liable for the personalised Code submitted by you, and agree that you shall be solely responsible for all consequences in connection with the use of the personalised Code. In all circumstances, K.S. takes no responsibility for your personalised Code, and does not make any representations or warranties regarding the content of your personalised Code. Submitting any personalised Code shall be entirely at your own risk.

15.3.4 K.S. is not able to monitor all possibilities of improper, infringing and malignant personalised Code, or to manage all liabilities that may result. Nonetheless, K.S. reserves the right to monitor and the right of final decision on the personalised Code. K.S. may reject your submission of personalised Code that are abusive, illegal, disruptive or deemed inappropriate in its sole and absolute discretion without any compensation or recourse to you or any other persons or organisations.

15.3.5 Without prejudice to the foregoing, K.S. may limit, ban or refuse to process or provide any Service using the personalised Code submitted by you.

15.3.6 K.S. shall not be responsible or liable for any personalised Code made by you, and the content thereof does not necessarily represent or reflect our views or opinions.

 

Intellectual Property Rights

15.4.1 You acknowledge and agree that the personalised Code submitted by you can be used, owned, authorised and approved by K.S. and its subsidiaries, licensors or other third parties for producing the product.

15.4.2 You acknowledge and agree that the personalised Code submitted by you are solely for your non-commercial personal use. Producing products by K.S. and its subsidiaries or any other third parties based on the information and personalised Code submitted by you shall not be deemed as an infringement of the copyright, trademarks, other intellectual property rights or any other proprietary notices or graphics of you, other parties or organisations. 

 

Liability and Warranty

15.5.1 Unless otherwise stated in the Terms and to the fullest extent permitted by the applicable laws, K.S. shall not be liable for any losses, claims or compensation arising from or in connection with the Service, including but not limited to: a) Direct, special, indirect, appropriate, consequential or punitive compensation; and b) Compensation for economics losses, loss of profit, loss of income, loss of goodwill, loss of bargaining power, loss of opportunity, loss of expected savings, loss of data or damages, whether such losses or damages are foreseeable or whether it has been informed of any possible losses or damages on the basis of contract, , equity, laws, indemnity or otherwise.

15.5.2 Save for clause 15.5.3 and to the fullest extent permitted by the applicable laws, K.S. excludes and denies all explicit or implied warranties, representations and statements related to or in connection with these Terms, or those not stated in these Terms.

15.5.3 In no circumstances shall the Terms exclude, restrict, or amend any laws or regulations to imply or enforce any conditions, guarantees, rights or remedies not permitted under the laws. If there are any non-excludable conditions or guarantees implied by laws, under which K.S. can limit, restrict or amend such conditions guarantees or remedies, K.S.'s liability for the violation of such conditions or guarantees will be limited under the fullest extent permitted by the laws. K.S. may rectify such violation at its discretion based on the options available.

15.5.4 Except to the extent prohibited by applicable law, K.S. and its affiliates, their respective members, directors, agents, employees, contractors, business partners and other representatives shall be released from all liabilities arising from or in connection with the use of these Terms and the Service by you, whether such liabilities are resulted from the violation of contract, or equity, or arise from statue, indemnity, any violation of the conditions and guarantees implied by common practice, general laws or regulations, or any claims by a third party against you or otherwise, and whether K.S. is aware or should have been aware of the possibility of such loss.

15.5.5 You irrevocably and unconditionally agree to defend, indemnify and hold K.S., each of its Affiliates and their respective members, directors, agents, employees, contractors, business partners and other representatives harmless from and against all claims, actions, demands, liabilities, expenses, losses, damages and other costs whatsoever (including but not limited to any claims made against us by any third party) arising from or in connection with your use of the Service or your breach of these Terms.

 

Governing Law and Jurisdiction

15.6.1 These Terms shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People's Republic of China.

15.6.2 Any dispute, controversy or claim arising from or in connection with these Terms, or the breach, termination or invalidity thereof, shall be settled by a court of competent jurisdiction.

 

Prevailing language

15.7.1 In the event of any discrepancy between the Chinese version and the English version of the Terms, the English version shall prevail.