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Thank you for visiting the DearestGrace website at www.DearestGrace.com (“Website”). This Website is owned and operated by DearestGrace. This Website is provided solely for your non-commercial personal use only and your use of this Website is governed by the terms and conditions (including any amendments made thereto by DearestGrace from time to time) herein contained (“Terms of Use”).
1. Agreement of Terms of Use 1.1 Please read the Terms of Use carefully before using this Website. By proceeding to use this Website or any part of it, this shall be deemed to mean that you have: (i) read and understood the Terms of Use; and (ii) fully accepted the Terms of Use and agreed to be unconditionally bound. 1.2 If you do not accept any of the Terms of Use, please exit this Website immediately. 2. Variation DearestGrace may revise the Terms of Use or make any changes to this Website at from time to time without giving notice to you and without incurring any liability to you whatsoever. You should review the Terms of Use every time before you use this Website to view the up-to-date version of the Terms of Use which are binding on you as a user. 3. Promotional Activities and Transactions 3.1 From time to time, DearestGrace may offer and/or co-sponsor contests, games, or other similar promotional activities via this Website at its absolute discretion. Each of these activities shall be governed by specific rules accessible from the site in connection with the respective promotions. 3.2 This Website is non-transactional and nothing contained herein shall be deemed or implied to be a means by which a contractual relationship will be created between any user including you and DearestGrace. 4. Third-Party Links 4.1 This Website may contain links to other websites or this Website may be linked, framed from or connected with other websites, which are operated by third parties. DearestGrace has no control over, and is not responsible for the availability or non-availability of, the content and information contained in those websites. You acknowledge and agree that your use of or access to such websites and/or the creation of any link or frame to this Website is/are solely at your own risk. DearestGrace shall not be responsible or liable, whether directly or indirectly, for any damage, loss, cost or expense caused or alleged to be caused by, arising from or in connection with your use of or on reliance on any content, information, goods or services whatsoever available on, from or through these third-party websites. Any queries or comments relating to any third-party websites should be addressed to the operator(s) of those websites directly. 4.2 DearestGrace shall at all times reserve the absolute right to object, disconnect or disable any link or frame to or from the Website. DearestGrace further reserves the sole right to change the URL of this Website as and when it deems appropriate. 5. Intellectual Property Rights 5.1 This Website and any information available on it including, but not limited to, text, graphics, diagrams, symbols, icons, images, music, source codes, applications, softwares and trademarks (including the collection, arrangement and compilation of such information), are protected by copyright, design, trade mark and other intellectual property rights owned by or licensed to DearestGrace, its licensors, its licensees or other third parties. 5.2 Save where such usage as expressly permitted by statute, you are not allowed to copy, use, adapt, reproduce, publish, upload, download, post, transmit, broadcast, sell, store in any retrieval system, modify, alter, display in public or distribute in whatsoever manner any contents of this Website, whether in whole or in part, for any purpose whatsoever without the prior written approval of DearestGrace. When expressly permitted by statute, you may download materials displayed on the Website for non-commercial, personal use only as long as you keep all copyright, trade mark and other proprietary notices intact and by doing so, you do not assume any ownership to such intellectual property rights. 6. Legal use of this Website You can only use this Website for lawful purposes and cannot use this Website to, in any way, infringe the intellectual property rights of any other person or invade the privacy of other users or acquire their identities or any other personal details, or damage any part of this Website. You have the responsibility to judge whether any of your actions will infringe the rights as described above. You shall not, in any way, change any part of this Website and shall not interfere with the operation of this Website in any way, including but not limited to, transmitting software viruses or transmitting any computer code or message designed to shut down, interfere with or change the operation of this Website. You may consult your own legal advisor whenever you have doubt on this aspect and ignorance of law is not a defence available to you for unlawful use of this Website, infringement of intellectual property rights or any illegal or illegitimate action or omission you have committed while using the Website. 7. Disclaimer 7.1 The contents of this Website are provided to you on an ‘as is’ and ‘as available’ basis. DearestGrace makes no representations and/or warranties and/or guarantee whether express or implied, of any kind whatsoever including but not limited to the following: (i) the correctness, accuracy, reliability, completeness, quality or timeliness of any contents of this Website; (ii) that this Website and its server will be secure and free of any computer viruses or other contaminating or harmful properties; (iii) freedom from any actual, direct, indirect, incidental or consequential loss, destruction, damage, corruption, attack, interference, hacking, or other security intrusions whatsoever; (iv) that this Website will be free of any errors, omissions or misstatements (whether information or typographical) or such errors, omissions or misstatements will be corrected; (v) that this Website will satisfy your requirements and expectations; (vi) that the contents of this Website will not be objectable or offensive to you or any other persons; and (vii) the continuous, uninterrupted and error-free operation. You acknowledge and agree that to the fullest extent permitted by law, DearestGrace disclaims any and all liabilities for any claims for damages, losses, costs and/or expenses arising from occasioned by or connected with your use of this Website. 7.2 By accessing to and using this Website, you understand and agree that your use of this Website is solely at your own risk, that you agree to assume full responsibility and agree that DearestGrace shall not under any circumstances be liable to you or other person whether in tort, contract, statute or otherwise for any direct, indirect, incidental or consequential damage and costs, and for damages for loss of profit or revenue, arising out of any use of, access to, or inability to access or use of this Website. 7.3 DearestGrace has not authorised any person or party to make any warranties, representations, guarantee or statements regarding any information published on this Website and DearestGrace shall not in any way be bound by any such unauthorised warranties, representations,guarantee or statements. 8. Liability and Indemnity By using this Website, you acknowledge and agree to defend, indemnify, and hold DearestGrace, its officers, employees, affiliates, agents, business partners and licensors harmless from and against any and all claims, damages, injuries, death, costs and expenses arising from or in relation to your breach of any of the Terms of Use. 9. Personal Data All personal data are collected and handled strictly in accordance with our Privacy Policy Statement at http://www.DearestGrace.com 10. Cookies We do not use any cookies on this Website. 11. Underage persons DearestGrace assumes all users of this Website are of legal age. If you are under 18 or considered as underage by law or do not have the ability to make a contract or are unable to bear any legal responsibility, you will not be allowed to use this Website. If you want to enter and browse this Website, you must seek the approval of your parent or guardian regarding the legal implications of the Terms of Use and the consequences that entail. DearestGrace is not obliged to check your age but if it is found that any user is underage, DearestGrace reserves the right to take action against and be indemnified by such user or his/her parent or guardian including refusing his/her further access to this Website. 12. Waiver You acknowledge that no withholding, failure or delay on the part of DearestGrace in exercising any remedies or rights available to it shall operate as waiver thereof, nor shall any single or partial exercise of such remedy or right by DearestGrace preclude any other or further exercise of any other remedy or right available to DearestGrace against you for breach of any of the Terms of Use. 13. Severability If any of the Terms of Use are deemed invalid, illegal, prohibited, void, or for any reason unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of the Terms of Use. 14. Territory The information on this Website is directed solely at persons accessing the Website from the Hong Kong Special Administrative Region and the Macao Special Administrative Region. DearestGrace makes no warranties and representation that the information on this Website is appropriate for use and available in any other locations. 15. Governing Law The Terms of Use are governed by the laws of the Hong Kong Special Administrative Region. Each Party hereby submits to the non-exclusive jurisdiction of Courts of the Hong Kong Special Administrative Region, except that, to the extent you have in any manner violated or threatened to violate DearestGrace's intellectual property rights, DearestGrace may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts. 16. Prevailing Language If there are any inconsistencies between the translated version(s) of the Terms of Use and this English version of the Terms of Use, the English version shall prevail. PRIVACY POLICY PRIVACY POLICY STATEMENT DearestGrace shall fully comply with its obligations under the requirements of the Personal Data (Privacy) Ordinance (Cap.486) and Personal Data (Privacy) (Amendment) Ordinance 2012 (collectively the “Ordinance”) of the Hong Kong Special Administrative Region of the People’s Republic of China. DearestGrace shall at all times respect the confidentiality of and endeavor to keep safe any and all Personal Data collected and/or stored and/or transmitted and/or used for or on behalf of DearestGrace. In this Privacy Policy Statement, the meaning of the term “Personal Data” is as defined in the Ordinance. General Statement of Policies and Practices on Personal Data Collection of Personal Data (a) For the purpose of carrying on DearestGrace’s business, you may be requested to provide your Personal Data when you register for a VIP membership, when you purchase a product or use our services at DearestGrace, when you conduct gift redemption requests (if any), when you submit any comments or feedback to us, when we ask you to verify your identity or if your image is captured by surveillance cameras at certain DearestGrace, (where surveillance notices are clearly posted at the store front). (b) We will ask you to provide your Personal Data including name, contact number, email address, gender, month of birth, age and the district / city / country where you normally reside. (c) We will collect Personal Data on a lawful, open and fair basis. Purpose for Collection of Personal Data DearestGrace will collect and may use your Personal Data for the following purposes : (a) the provision of DearestGrace’s products and/or services to you at our Stores; (b) carrying out your instructions or responding to your enquiry; (c) forming part of DearestGrace’s customer data base necessary for the operations carried on by us; (d) transferring or sharing your Personal Data with other DearestGrace Stores operated by our affiliates in other countries and territories (Stores refer to DearestGrace stores, DearestGrace Professional Eyecare Centres and concept stores (“Stores”)) for the purposes of carrying out (a), (b) and (c) above in this section; (e) general security reasons; and (f) any purposes related to and/or for the furtherance of (a) to (e) above. Without your consent, we shall not use your Personal Data for purposes other than those specified above. Accuracy DearestGrace will take all practicable steps to ensure that Personal Data collected is accurate. Please endeavor to provide DearestGrace with accurate Personal Data upon subscription of DearestGrace’s services and where there are any changes to your Personal Data, please inform us as soon as possible. However, DearestGrace shall assume no responsibilities for the inaccuracy, if any, of Personal Data. Personal Data Sharing, Transfer and Disclosure All Personal Data held by DearestGrace will be kept confidential but DearestGrace may, where sharing, transfer or disclosure is necessary to satisfy the purpose, or a directly related purpose, for which the data was collected provide such information to the following parties: (a) Any person or company who is acting on behalf of DearestGrace as agent in respect of the purpose or a directly related purpose for which the data was provided. (b) Personal Data may also be disclosed to any person or persons pursuant to any statute or as required by any court of law in Hong Kong, provided such person or persons are able to prove the required right/authority to access such information. (c) We may transfer or share your Personal Data to/with other DearestGrace Stores operated by our affiliates. (d) We will not sell your Personal Data to any person or company. (e) We will not share, transfer or disclose your Personal Data to/with any person or company, including DearestGrace’s affiliates, for direct marketing purposes. Access and Correction You may check whether we hold any of your Personal Data and, if so, may request (a) access (i) by sending an e-mail to the Data Protection Officer at cs@DearestGrace.com; or (ii) by mailing us at Room A, 9/F, Billion Centre, Tower B, 1 Wang Kwong Road, Kowloon Bay, Kowloon, Hong Kong (Attention: Data Protection Officer ). (b) corrections by sending an e-mail to the Data Protection Officer at cs@DearestGrace.com We will take reasonable steps to verify your identity before granting access or permitting corrections to your Personal Data. We will endeavor to respond within 40 days of your request in compliance with the Ordinance. We will charge a reasonable fee to cover our administrative costs when you request access to your Personal Data. We will comply with your request after the imposed fee is paid. We will not charge a fee for corrections to your Personal Data. Should we refuse your request for access or correction, reason(s) will be given. You may object to our reason(s) for our refusal to grant you access or correction. Product Usage For any product purchased, please understand that DearestGrace is Not liable or responsible for any reactions caused from usage. Please read our product descriptions carefully before purchasing any of our products. Warranty Warranty period is 1 year. For product that needs repairing, kindly send us an image and text description of the product situation. Please note that service fee for product repair varies for different cases. Security We strive to ensure that your Personal Data will be protected against unauthorised or accidental access, processing or erasure or other use. We maintain this commitment to data security by implementing appropriate physical, electronic and managerial measures to safeguard and secure your Personal Data. Retention of Personal Data Your Personal Data will only be retained for as long as is necessary to fulfill the original or directly related purpose for which it was collected, unless this is contrary to any applicable laws. If there are any inconsistencies between the English version and the Chinese version of this Privacy Policy Statement, the English version shall prevail. 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