Welcome to the website of LIVING MATTERS (hereinafter called the “Site”). Access to the Site and use of the services provided by LIVING MATTERS (hereinafter called the “Services”) are subject to the following terms and conditions (hereinafter called the “Terms”) which may be amended, changed or updated by LIVING MATTERS from time to time without notice to you. By accessing the Site and using the Services, you agree to be bound by these Terms as amended by LIVING MATTERS from time to time.

1. SITE CONTENTS

All materials used and displayed on the Site (including but not limited to text, photographs, video, audio and graphics, music, logos, marks and other materials that appear on the Site) (hereinafter called the “Contents”) are owned by or licensed to Living Matters Company Limited wholly owned by Shun Tak Holdings Limited ("LIVING MATTERS") and its proprietors and are protected by copyrights, trademarks, services marks, and/or other proprietary laws of Hong Kong Special Administrative Region of the People’s Republic of China (hereinafter called “HKSAR”) or other countries (hereinafter called the “Intellectual Property Rights”). All present and future Intellectual Property Rights in and to the Contents shall at all times be the sole and exclusive property of LIVING MATTERS and/or our licensors. You agree that the use of the Services and Contents on the Site is solely for personal and non-commercial purposes (other than for the purchase of merchandise from the Site) (hereinafter called the “Permitted Use”) provided that no right, title or interest of any nature in the Contents downloaded or copied for the Permitted Use shall be transferred to you. You acknowledge that you have no ownership rights or license rights in and to, the Contents other than the limited right to utilize the Services for the Permitted Use in accordance with these Terms. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, store to construct a database of any kind for access by you or any third party, offer for or participate in the sale of, or exploit in any way, in whole or in part, the Contents on the Site without the written consent of LIVING MATTERS.

You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us (hereinafter called the “Feedback”) in connection with the Site without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

LIVING MATTERS’S COMMUNICATIONS TO YOU

You agree that LIVING MATTERS may send electronic mail to you for the purpose of advising you of changes or additions to the Site or to the Contents or for such other purpose(s) as LIVING MATTERS deems appropriate. You may inform LIVING MATTERS in writing if you do not wish to receive such communication from LIVING MATTERS.

3. LINKS TO OTHER WEB SITES

LIVING MATTERS may provide links to other sites or resources (hereinafter called the “Linked Sites”). LIVING MATTERS have no control over the Linked Sites and are not responsible for the contents and services of any Linked Sites or any links contained in a Linked Site, or any changes or updates to such Sites. LIVING MATTERS do not monitor the contents of the Linked Sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LIVING MATTERS of the Site or any association with its operator, save as disclosed. You agree that LIVING MATTERS shall not be responsible for any content, advertising, products, or other materials on the Linked Sites and shall not be responsible for any damage or loss caused by or in connection with the use of the services or the contents of any Linked Sites.

4. DUTY AND OBLIGATION TO NON-TARGET CLIENTS OR SURFERS

The Site is intended for use and access by HKSAR residents.  All Terms, conditions, details, warranties, invitations, agreements, products, sale item, materials or information provided through or via the internet, telephone communications, television or radio broadcasting, or any form of media or telecommunications are intended for HKSAR residents only.  Please refer to the GOVERNING LAW below.

5. SALES AND REFUND POLICY

Before making any order on the Site, you should read the Sales and Refund Policy as you will be bound by them in addition to the Terms.

6. DATA PRIVACY

For information about our privacy policies and practices, please refer to our Privacy Policy Statement.

7. COVENANTS

As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by any applicable laws or the Terms, conditions, and notices contained herein. Without limiting the generality of the foregoing, you further agree not to:

(a) trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorised by us;

(b) transmit, post or upload any Content that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment through this Site; or

(c) transmit, post or upload any Content protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.

8. DISCLAIMER

You expressly agree that the use of the Services is at your sole risk. The Site and Contents are provided on an “as is” basis without warranties of any kind, whether either expressed or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. LIVING MATTERS shall not be liable for any direct, indirect incidental, special, punitive or consequential damages including but not limited to damages for loss of profits, goodwill, use of data or other intangible losses related to your use of the Site and; the Services. All information in the Site is for your information only. Professional advice or options must be sought to clarify and justify all advice or information provided in the site. Living Matters do not warrant or indemnify the accuracy or reliability of all advice or information provided in the site.

We disclaim all warranties, express or implied, including, but not limited to any representations or warranties as to:

(a) the availability of the Site or that it will be uninterrupted or error-free, or that defects will be corrected;

(b) the accuracy, adequacy or completeness of any content on the Site;

(c) the merchantability or fitness for any particular purpose of any products available on this Site;

(d) the use or exercise of reasonable care and skill in providing or delivering any services on or through the Site or the timeliness of Services offered or provided on the Site;

(e) non-infringement of any third party intellectual property rights; or

(f) the Site being free of computer viruses or other harmful elements.

Our entire liability and your exclusive remedy with respect to the Site or otherwise, is re-performance of defective services in jurisdictions which do not allow the exclusion or limitation of certain types of liability. In those circumstances, our liability is limited to the maximum extent permitted by law.

You will exercise and rely solely on your own judgment in using the Site. In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the Site, even if we have been advised of the possibility or such damages including without limitation, unauthorized access using your login name and password or transmission of Content or any transactions entered into through the Site.

We make no representation that materials on this Site are appropriate or available for use in any other jurisdictions, and accessing the Site from locations where its operation is illegal is prohibited. Those who access this Site from other locations do so at their own discretion and are solely responsible for compliance with their laws and rules. You confirm that you have all the requisite approvals for using the internet and online conduct.

9. INDEMNITY

You agree to indemnify and hold LIVING MATTERS harmless from and against all claims, damages, costs and expenses, including legal costs, arising from or related to your use of the Site and; the Services other than in accordance with the Terms.

10. TERMINATION

You agree that LIVING MATTERS may at any time at its sole discretion terminate without giving reason your access to the Site and the provision of the Services and LIVING MATTERS shall not be liable for any loss of any kind that you may suffer as a result of such termination.

11. MODIFICATIONS TO TERMS

LIVING MATTERS reserve the right to change the Terms at any time and to notify you by posting an updated version thereof on this Site. You are responsible for regularly reviewing the Terms and the applicable policies. Continued use of this Site after any such posting amounts to your conclusive acceptance of such revised Terms. If any such revision is unacceptable to you, you must terminate use of this Site immediately. We reserve the right to interpret the Terms and decide on any questions or disputes arising under the Terms. You agree that all such interpretations and decisions shall be final and conclusive, and binding on you as a user of the Site.

12. MODIFICATIONS TO SERVICES

LIVING MATTERS reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof.

13. SYSTEM AVAILABILITY

LIVING MATTERS do not guarantee uninterrupted, continuous or secure access to the Site. Part or the entire Site may be unexpectedly unavailable for whatever duration and for various reasons that may include system malfunctions and disruptions, internet access downtime and other technical problems beyond our control for which we cannot and shall not be held responsible. You agree that your use of the Site is at your own risk and that you will not hold us responsible for any damage or loss caused by your inability to use the Site offline for various reasons including urgent system maintenance or upgrading, in which case we will try to give you notice in advance if possible.

14. PARTIAL INVALIDITY

The illegality, invalidity or unenforceability of any provision of the Terms under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

15. WAIVER

No waiver of any breach under the Terms will amount to a waiver of any other breach.

16. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of HKSAR, without regard to any conflict of law provisions. You irrevocably agree that the courts of HKSAR shall have exclusive jurisdiction in relation to any claim or dispute concerning this Agreement.