These terms and conditions apply to all users of the Sofamark website (https://www.sofamark.com) (the “Website”) which is operated by Sofamark Limited (“Sofamark”, “we”, “us”, “our”). Your use of the Website is governed by these terms and conditions of use (“Terms of Use”). Please read these Terms of Use carefully before using the Website. By using the Website or any part of it, you agree that you have read these Terms of Use and that you accept and agree to be bound by them.
1. GENERAL
1.1
In these Terms of Use the following definitions shall apply:
“Intellectual Property Rights” means any and all intellectual and industrial property rights now in force or that come into force in the future in any part of the world whether or not registered or registerable and includes all applications and rights to apply for registration (and renewals and extensions of any registration) of such rights as well as all rights of action and remedies in relation to past infringements including rights in or in connection with:
(a) confidential information, business or trade secrets, know-how;
(b) inventions, patents (including supplementary protection certificates);
(c) copyright (including the rights to secure copyright renewals and extensions of copyright, copyright not yet in existence but that comes into existence in the future and all other rights of a like nature by law in force in any part of the world);
(d) trademarks, service marks, business or trade names;
(e) design rights, topography rights;
(f) database rights,
together with all other rights of a similar or corresponding character or nature.
“Legal Notice and Disclaimer” means the legal notice and disclaimer applicable to the Website as extracted below.
“Privacy Policy” means the policy regarding personal data collected in connection with this Website and the privacy of customers and visitors to this Website located at https://www.sofamark.com/privacy-policy-legal-disclaimer/
1.2
The Legal Notice and Disclaimer and the Privacy Policy are incorporated into these Terms of Use and these documents, along with these Terms of Use, shall prevail over any other document including any of our store policies purporting to have a contractual effect.
1.3
You agree to provide complete and updated information for registration on this Website.
1.4
You agree not to use the Website for any purpose or in any matter that is unlawful or infringes any third party Intellectual Property Rights.
2. VARIATION OF TERMS OF USE
2.1
We reserve the right to amend these Terms of Use from time to time in our sole discretion. Customers and visitors are reminded to review the Terms of Use regularly to ensure that they are familiar with the most recent version. By accessing and using this Website you agree to be bound by the most recent version of these Terms of Use.
3. PREVAILING LANGUAGE
3.1
In the event of any discrepancy between the English and Chinese versions of the Terms of Use, the English version shall prevail.
4. APPLICABLE LAW
4.1
These Terms of Use shall be governed by the laws of the Hong Kong Special Administrative Region and you and Sofamark Limited agree to submit to the exclusive jurisdiction of the Hong Kong courts for determining any disputes arising for or in relation to these Terms of Use.
5. PERSONAL INFORMATION & PRIVACY
5.1
We respect the privacy rights of visitors to the Website. Except where specifically stated, all personal information collected by us shall be handled strictly in accordance with the Privacy Policy located at https://www.sofamark.com/privacy-policy-legal-disclaimer/
5.2
At times, you may be required to provide us with personal information. Refusal to provide such information may mean that you are unable to access certain parts of this Website, or may render us unable to handle any applications or requests you may make and/or provide you with any products or services. If you are under the age of 18, consent from your parent or guardian is required before you provide us with any personal information.