Terms of service
1. SCOPE AND ACCEPTANCE
1.1. The website www.skywow.com.hk (the “Website”) is owned by and/or operated by or on behalf of FGS Healthcare Limited, a company incorporated under the laws of the Hong Kong Special Administrative Region (“SKYWOW”).
1.2. Any reference herein to “we”, “us” and “our” is intended to refer to SKYWOW.
1.3. Any reference herein to “Customer”, “you” or “your” is intended to refer to the user of the Website.
1.4. The present terms and conditions (the “Terms”),together with any additional terms, conditions and/or policies referenced herein and/or available by hyperlink (“Additional Terms”), govern the access to and use of the Website, its functionalities, features and services. In the event of any inconsistency between these Terms and any Additional Terms, conditions and/or policies, these Terms shall prevail.
By accessing and/or using the Website, its functionalities, features or services, you fully agree to comply with and to be bound by these Terms and the Additional Terms.
If you do not agree with any part of these Terms and/or the Additional Terms, you shall discontinue accessing and/or using the Website, its functionalities, features or services.
1.5. If you have any questions regarding the Website, its content, functionalities, features or services or regarding these Terms and/or the Additional Terms, you can contact our Customer Service.
1.6. The Website, its functionalities, features and services are only intended for consumers of required legal age and for personal use.
1.7. The Website should not be regarded as an offer or solicitation from us to sell products in any country to any person to whom itis unlawful to make such an invitation or solicitation in such country.
2. INTELLECTUAL PROPERTY
2.1. You acknowledge and agree that, as between you and us ,we are the owner of the rights, title, and interests in and to the Website and the content of this Website (including without limitation names, logos, texts, graphics, images and photographs, videos, audio clips, sounds and music or another type of content, and any improvements, amendments, adaptations, modifications, derivatives, translations, and/or new versions of any of the foregoing, and any and all Intellectual Property Rights in and/or in relation to any of the foregoing) (“Content”). For the purpose of these Terms, “Intellectual Property Rights” means and any all intellectual property rights, including without limitation all of the following, and all rights in, arising out of, or associated therewith (in each case, whether registered or not): (i)patents; (ii) know-how, trade secrets, ideas, concepts, inventions, discoveries, developments, devices, methods and processes (in each case, whether or not patentable); (iii) copyrights, software, source codes, object codes, specifications and other works of authorship, databases and database rights; (iv) rights in any designs; (v) trade marks, service marks, domain names, social media user names, business names and trade names; (vi) any and all other intellectual property rights and related documentation with respect to all of the foregoing; (vii) any and all registrations of, or applications to register, or any rights to register or apply to register, any of the foregoing; and/or (viii) any similar or analogous rights anywhere in the world.
2.2. By accessing and/or using the Website, its functionalities, features or services, you are not granted, and are not entitled to claim, any Intellectual Property Rights or license of any kind in relation thereto.
2.3 You shall not: (a) knowingly do, omit to do or permit any act which may damage, jeopardise or diminish the Content and/or any of our rights thereto; (b) register, or procure the registration of, any Intellectual Property Rights which form part of the Content or, in our absolute discretion,are similar thereto, represented in any form; (c) develop, reverse engineer, decompile, disassemble, copy, reproduce, alter, translate, exchange, adapt, change, modify, add to, subtract, or create derivative works from, or otherwise modify, sub-license, assign, transfer, exploit, deal with, or carry out any act otherwise restricted by copyright or other Intellectual Property Rights, the Content, or attempt any of the foregoing; (d) represent that you have anyright, title, and/or interest in or to the Content, or assert any proprietary interest therein; (e) none of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, on-commercial home use only.
3. PERSONAL DATA
Please refer to our Personal Information Collection Policy by clicking here.
4. PRICES, PAYMENT AND INVOICING
4.1. The prices for the products presented on the Website are given in Hong Kong Dollar (HKD).
4.2. We reserve the right to change the prices at any time without notice, except the prices of the products for which a Purchase Order has already been submitted.
4.3. Payment for products ordered on the Website shall be made online using Visa, MasterCard, PayMe, FPS, Google Pay or Apple Pay only.
4.4. To submit a Purchase Order, valid credit card information is required to be provided. Once the Purchase Order is submitted, a request/pre-authorization of direct debit from the credit card is made. A deduction of funds may already appear on the related bank account at this stage.
4.5. Requests of debit and payments are subject to customary validation checks and authorization by the credit card issuer. If such authorization is not given or if there is any issue detected as part of the payment process, we will not confirm the related Purchase Order.
Notwithstanding anything to the contrary herein, if any issue with payment is detected after confirmation of the Purchase Order by us, we reserve the right in our own discretion to cancel the Purchase Order.
4.6. Your credit card details are encrypted and securely stored by Stripe. Stripe's security documentation is available in https://stripe.com/docs/security/stripe. Your credit details are not stored by us and cannot be used by our staff.
5. PRODUCTS
5.1. Products presented on the Website are subject to availability.
5.2. We cannot and do not guarantee that the products are exactly the same as their representation on the Website. There may be differences between the images and photographs of the products on the Website and the actual products due, for instance, to the resolution and/or the definition of the colours on your screen.
6. DISCLAIMERS AND LIABILITY
6.1. The Website, its content, materials, functionalities, features and services are provided on an “as is” and “as available” basis and without any representations or warranties of any kind from us, whether expressor implied, including without limitation representations or warranties of quality, title, non-infringement, merchantability, fitness for a specific purpose, availability, freedom from errors, from omissions, from virus or from other harmful components.
However we will use reasonable endeavours to correct any errors or omissions forthwith after we have been made aware of the same.
6.2. Access to and/or use of the Website, its content, functionalities, features and services are at your own risk and under your sole responsibility.
We shall not be liable for any losses or damages of any kind which you may incur as a result of or in connection with such access and/or use, whether direct, indirect, incidental, special, punitive, and consequential losses or damages and including without limitation loss of data, damage to your computer, tablet, smartphone or other electronic device.
We specifically remind you that it is your responsibility, among other things, to protect your computer, tablet, smartphone or other electronic device against risks connected to your access to and/or use of the Website, its content, functionalities, features and services, and more generally to your use of the internet. You shall also take all required precautions to safeguard your email account and prevent unauthorized access or dissemination of your emails.
6.3. We are not responsible for any delay or failure to comply with our obligations under these Terms and/or the Additional Terms.
6.4. The exclusions and limitations of our liability set out in these Terms (including, but not limited to, this Article 4) and/or any Additional Terms apply only to the fullest extent permitted under applicable law. Nothing in these Terms and/or any Additional Terms shall exclude or limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or any other liability which we cannot limit or exclude under applicable law.
7. LINKED WEBSITES
7.1. The Website may include links to other websites or resources ("Linked Websites").
7.2. We are not responsible for the set-up of or for the content available on any Linked Websites. Access to or use of the Linked Websites is at your own risk and responsibility and subject to any terms and conditions applicable to such Linked Websites.
7.3. By providing hyperlinks to Linked Websites, we shall not be deemed to (i) endorse, recommend, approve, guarantee or introduce any third parties or the services/products that such third parties provide on their own website, (ii) have any form of cooperation with such third parties and Linked Websites, or (iii) be a party to any contractual arrangements entered into between you and the Linked Websites unless otherwise expressly specified or agreed to by us.
8. VIP membership
8.1 We reserve the right to make changes at any time and without notice to VIP membership terms.
9. CUSTOMER SERVICE
9.1 You can contact our Customer Service via email: thinkbeyond@skywow.com.hk;
10. ALTERATION AND AMENDMENTS
10.1. We reserve the right to make changes at any time and without notice to the Website, its content, materials, functionalities, features and services, to our policies and/or to these Terms and/or the Additional Terms.
10.2. Your access to and/or use of the Website and its functionalities, features and services is subject to the policies and Terms and Additional Terms in force and as published on the Website at the time of access and/or use, unless otherwise required by law or any authority.
11. MISCELLANEOUS
11.1. These Terms and the Additional Terms are governed by the laws of the Hong Kong Special Administration Region and you, and we, hereby submit to the exclusive jurisdiction of the Hong Kong courts in relation thereof.
11.2. If any of the provisions of these Terms and/or the Additional Terms is held to be illegal, invalid or unenforceable for any reason, that provision will be deemed severable and will not affect the legality, validity and enforceability of the remaining provisions.
11.3. We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms and/or the Additional Terms provided that your rights under these Terms and/or the Additional Terms are not affected. In the event of any such transfer or assignment of our obligations under these Terms, you agree that you shall release us from any of our obligations under these Terms, provided that the relevant transferee agrees to assume any and all such obligations. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms and/or the Additional Terms without our prior written consent.
11.4. These Terms and the Additional Terms are established in English. In the event these Terms and/or the Additional Terms are also published in another language and there is any inconsistency or discrepancy, the English version shall prevail.