Terms of Use

The general terms and conditions of sale (the “Terms and Conditions”) and terms of use (“Terms of Use”) apply to all goods (the “Goods”) sold by [Worldwide Food Distribution Limited] (“Seller”) to you (“Purchaser”) through www.laboucherie.com.hk (“Website”) and shall constitute the only conditions on which the Seller is willing to supply the Goods to the Purchaser and to provide its Services (as defined below) to the Purchaser and describe how the Services may be accessed and used. By placing an order on the Website the Purchaser is offering to purchase a product on and subject to the following Terms and Conditions and Terms of Use. In case of discrepancies between these Terms and Conditions and Terms of Use and any other documents or in any correspondence or elsewhere or implied by trade, custom, practice or course of dealing, the provisions of these Terms and Conditions and Terms of Use shall prevail.

 

 

  1. ACCEPTANCE OF TERMS OF USE

 

By accessing or using the Website, registering an account, using or subscribing to any services provided through the Website (the “Services”), or viewing or accessing any information or content from this Website, you are deemed to have read and understood these Terms of Use and our Privacy Policy and agree to abide by them in full.  If you disagree with any of the provisions set out in these Terms of Use and our Privacy Policy, you must not use the Website or any of the Services.

 

This Website is owned and operated by [Worldwide Food Distribution Limited], a duly incorporated company in Hong Kong. Where these Terms of Use and the Privacy Policy refer to [Worldwide Food Distribution Limited], it may refer to this Website or [Worldwide Food Distribution Limited] (and/or its officers, directors, employees, agents or representatives) or both, depending on the context.

 

We reserve the right, at any time and without prior notice, to change, alter, replace or otherwise modify these Terms of Use and the Privacy Policy. It is your responsibility to check these Terms of Use and the Privacy Policy periodically for changes. Your use of the Website following the posting of any changes to these Terms of Use and the Privacy Policy constitutes acceptance of those changes.

 

In these Terms of Use and the Privacy Policy, a Website visitor or user may be referred to as “you”. [Worldwide Food Distribution Limited] may sometimes be referred to as “we” or “us”. 

 

  1. LICENSE TO USE WEBSITE

 

Unless otherwise provided in these Terms of Use, [Worldwide Food Distribution Limited] owns the intellectual property rights in the Website and all software and content made available to you on the Website or printed on the reports or materials supplied to you under the Services (“Content”). Subject to the license below, all these intellectual property rights are reserved.

 

You may view and use this Website and the Content for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use and our Privacy Policy:

 

You must not:

 

-              republish the Content or any part thereof;

-              sell, rent or sub-license the Content or any part thereof;

-              reproduce, duplicate, copy or otherwise exploit the Content or any part thereof for commercial purpose;

-              edit or otherwise modify the Content or any part thereof; or

-              redistribute the Content or any part thereof.

 

  1. ACCEPTANCE OF USE

 

You must use this Website and the Services in compliance with and only as permitted by applicable law.

 

You must not use this Website or the Services in any way that cause damage to this Website or impairment of the availability or accessibility of this Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not circumvent or attempt to circumvent any limitation this Website imposes on your account.

 

You must not use this Website or the Services for any commercial purposes without this Website’s express written consent.

 

  1. SUBSCRIPTION TO SERVICES

 

The Website features descriptions of Services offered by us. These descriptions of Services are for information purposes only and shall in no way constitute a formal offer to contract from [Worldwide Food Distribution Limited] to perform the Services for a particular price.

   

  1. YOUR ACCOUNT

 

You must be 18 years old or over and must complete the registration procedure to order Goods on the Website.

 

When you register to use the Website or our Services, you will provide us with your email address, name, full address, phone number and any other information which could help the delivery of the Goods purchased on the Website, and will choose a username and password for your account. You must ensure that your contact details that you provide are, and remains, valid and accurate. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.

 

You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.

 

If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify us in writing, and should change your password at the earliest possible opportunity.

 

We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account, at our sole discretion, would or might constitute a violation of these Terms of Use or our Privacy Policy, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

 

[Worldwide Food Distribution Limited] may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over [12] months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

 

These Terms of Use will continue to apply to you unless you delete your online account and no longer visit this Website.

 

All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination of the Website, including without limitation, intellectual property ownership provisions, disclaimers, indemnity and limitations of liability.

 

  1. WEBSITE SECURITY

 

[OPTIONAL] To ensure your transactions are secure, we use [SSL technology (secure sockets layer)] and encrypt all payment information.

 

[OPTIONAL]If the URL of a secure document begins with "https://", the "s" indicates a secure channel to the server. Also, when security (SSL) is present, Microsoft Internet Explorer, Mozilla Firefox and Google Chrome display a padlock icon, which is closed once a secure channel is established.

 

When making a payment, always look at the url to see if either the https:// shows in the browser or if you can see the padlock, or both. If you cannot see any of these, or if you are unhappy in any way, do not proceed.

 

While we use reasonable precautions to protect your personal information, order and payment details on our systems and provide suitable security, we cannot guarantee that information transmitted through the internet is secure, or that such transmissions will be free from delay, interruption, interception or error.

 

We cannot guarantee or warrant that any part of the Website, including any links to third party content, are free of viruses or other harmful code. It is your responsibility to take appropriate precautions, such as through the use of an anti-virus software package, to protect your computer hardware and software.

 

  1. DISCLAIMER OF WARRANTIES

 

The Website and the Content provided on the Website or on the reports or materials supplied to you under the Services is solely for general information purposes. We do not guarantee the accuracy, completeness or usefulness of the Website or the Content to your own financial circumstances. You expressly understand and agree that your use of the Website, the Content, or any activity arising from the use of the Website or the Content is strictly at your own risk. The Website or any Content are provided “as is” and “as available” basis without any representation or warranties, express or implied.

 

We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement, warranties that the Website and the Services will be uninterrupted, error-free, accurate, reliable, and free from virus and other harmful components, and the implied warranties of merchantability and fitness for a particular purpose.

 

We will make every effort to ensure that the Content provided under the Services is as accurate and up-to-date as possible. However, certain information on the Content may change, and errors or omissions may occur, and [Worldwide Food Distribution Limited] shall not be responsible for any loss or damage, financial or otherwise, resulting from any change in information on the Content provided by us, or any error or omission on the Website and Content provided by us.

 

  1. LIMITATION OF LIABILITY

 

You expressly understand and agree that to the extent permitted by applicable law, [Worldwide Food Distribution Limited] and its affiliates, officers, employees, agents, suppliers and representatives shall not be liable for any indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Website, the Content provided through the Website and/or Services, the use of the Website, or activities arising from your use of the Website and the Content. 

 

To the extent permitted by law, the total liability of [Worldwide Food Distribution Limited] and its affiliates, officers, employees, agents, suppliers and representatives, for any claims arising out of or in connection with the Website, the Content provided through the Website and/or Services, the use of the Website, or activities arising from your use of the Website and the Content will not exceed the amount you paid us regarding the purchase of the Goods through the Services provided by the Website.

 

  1. REASONABLENESS

 

By using this Website or subscribing to any Services, you agree that the disclaimers of warranties and limitations of liability set out in these Terms of Use are reasonable. If you do not think they are reasonable, you must not use this Website or subscribe to any Service.

 

  1. DATA PROTECTION, PRIVACY AND COOKIES

 

All personal data that you provide to us in connection with your use of the Website and the Services is collected, stored and used by [Worldwide Food Distribution Limited] in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using this Website, so that we can continue to improve the Services we offer.  Our use of cookies, and how to disable cookies, is explained in our Privacy Policy.  By using this Website or subscribing to the Services, you agree that we can use such data in accordance with our Privacy Policy.

 

  1. SEVERABILITY    

 

If any provision hereunder is or becomes at any time unenforceable or invalid under any law, rule or regulation, no other provision of these Terms of Use shall be affected thereby, and the remaining provisions of these Terms of Use shall continue unimpaired with the same force effect as if such unenforceable or invalid provision shall not have been included herein.

 

  1. WAIVER

 

No inaction, omission, failure or delay by [Worldwide Food Distribution Limited] in exercising, or in securing the enforcement or validity of any right, power, privilege or demand arising under or in connection with a Contract, and no single or partial exercise of any such right, power, privilege or demand shall impair the existence, operation, content, effect and enforcement of such right, power, privilege or demand, or operate as a waiver of it.

 

 

  1. ASSIGNMENT AND SUBCONTRACTING

 

You shall not assign any Contract, or these Terms of Use, or any rights or obligations under any Contract or these Terms of Use without the prior written approval of [Worldwide Food Distribution Limited]. Any assignment without [Worldwide Food Distribution Limited]’s written approval shall be voidable at the option of [Worldwide Food Distribution Limited]. [Worldwide Food Distribution Limited] may assign any Contract or these Terms of Use, or any of its rights or obligations under such Contract, or these Terms of Use to any of its subsidiaries or affiliates, or to any purchaser or successor to all or substantially all of the assets of the business or product line to which such Contract relates, or subcontract all or any material aspect of the work called for under any Contract or these Terms of Use without your consent.

 

  1. NO AGENCY OR PARTNERSHIP

 

The Contract or these Terms of Use shall not constitute or imply any partnership, joint venture, agency or other relationship between the parties hereto, other than, and except as provided for in, the contractual relationship expressly provided for in these Terms of Use. Neither party shall have, nor shall either party represent that it has, any authority to make any commitment on the other party's behalf.

 

  1. ENTIRE AGREEMENT

 

These Terms of Use contain the whole agreement between the parties hereto relating to the sale of Goods by [Worldwide Food Distribution Limited] to you and supersede any prior written or oral agreements, representations or understanding between the parties relating to such subject matter. The parties hereto confirm that they have not entered into the Contract on the basis of any representation that is not expressly incorporated into these Terms of Use.

 

  1. UNENFORCEABLE PROVISONS

 

If any provision of these Terms of Use (in particular, the disclaimers of warranties or limitations of liability hereunder) is, or is found to be, invalid or unenforceable under applicable law, the remainder of these Terms of Use shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

 

  1. GOVERNING LAW AND JURISDICTION 

 

These Terms of Use shall be governed by and interpreted in accordance with the laws of Hong Kong Special Administrative Region (“Hong Kong”) and the parties hereto hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Hong Kong.