1.1 We are Deal N Ship Co., (collectively "we", the "Company" or "Deal N Ship") and we own and operate the site. Our site facilitates a convenient way to shop online (“services”)
1.2 Please review the following Terms and Conditions carefully. Your purchase of products from us and the use of our site constitutes your agreement to follow these Terms and Conditions and to be bound by them (the “Agreement”). Deal N Ship reserves the right to update or modify these Terms and Conditions at any time without prior notice.
1.3 The meaning of some words used in these terms and conditions:
1.3.1 “we”, “us” or “our” is a reference to (name of person or company providing the services).
1.3.2 “you” or “your” is a reference to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise we delivered.
1.3.3 “Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our site.
1.3.4 “merchandise” means the goods or services you ordered through our site, which you will pay for.
1.3.5 “intellectual property rights” means any and all patents, trade marks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
1.3.6 “services” has the meaning given in clause 1.1.
1.3.7 “supplier” means the seller and supplier of the merchandise you ordered through our site.
1.3.8 “site” means our Deal N Ship website located at www.dealnship.com, and any associated sites linked to it.
1.3.9 “User Content” has the meaning given in clause 10.1.
2.1 The intellectual property rights in all Content are owned, controlled or licensed by or to us. Except for the rights granted to you under clause 2.2, nothing in these terms and conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.
2.2 Subject to these terms and conditions, you may use the Content for your own personal purposes.
2.3 Unless you have our express written consent or you are expressly authorised by law to do so, you shall not:
2.3.1 use the Content for any commercial or other non-personal purpose;
2.3.2 make any copies of the Content or transfer the Content to any other device or any other person; or
2.3.3 otherwise reproduce, distribute, communicate to the public, modify, reformat, prepare derivative works of or display the Content.
2.4 You acknowledge and agree that we may cease to supply any of the Content to you at our sole discretion if you are in breach of any of the terms of this clause.
2.5 We shall use all reasonable commercial endeavors to ensure the accuracy of the Content but gives no warranties and makes no representations, express or implied, statutory or otherwise regarding the accuracy, quality or completeness of the Content or its fitness for any purpose and we exclude any liability relating to it. You also agree that responsibility for the content of advertisements appearing on our site rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy of information contained on our site.
3.1 All intellectual property rights in the Content, User Content, design, text, graphics and other material on our site and the selection or arrangement thereof are owned, controlled or licensed by or to us. Any authorised used without our prior written permission is strictly prohibited.
3.2 All trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights.
4.1 When you submit any user generated content including all text, files, images, photos, sounds, videos or other materials to our site (“User Content”), you grant to us, a perpetual, irrevocable, non-exclusive, worldwide, transferable, sub-licensable fully paid-up and royalty-free licence to reproduce, distribute, communicate to the public, publicly perform, modify, prepare derivative works of, display and otherwise use the User Content in connection with the site, including without limitation for the purposes of promoting and redistributing part or all of the site in any media formats and through any media channel. Without limitation, the rights that you grant to us under this clause 4.1 include a right to grant each user of the site a sub-licence to use the User Content to the extent permitted by the functionality of the site from time to time. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in any place in the world.
4.2 You represent, warrant and covenant that:
4.2.1 you have the legal right and authority to grant the licence in clause 4.1 above;
4.2.2 you are the owner of the User Content and/or have all of the necessary rights, consents, permissions and licences which are required for you to grant us the licence in clause 4.1 above;
4.2.3 by exercising the licence in clause 4.1 above, we shall not infringe the intellectual property rights or other rights of any third party;
4.2.4 to the extent that the User Content identifies any individual (whether by name, picture or otherwise), you have obtained all consents and permissions from those individuals which are required for us to use the User Content as contemplated by the licence in clause 4.1 above;
4.2.5 the User Content does not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person or otherwise is inappropriate for display on our site; and
4.2.6 at our request, you will provide us with written copies of any consents, permissions and licences that you are required to obtain.
You agree to indemnify us and all of our directors, employees and contractors, and hold us all harmless from any claim, loss, damage, cost, expense (including legal expenses) or other liability which may be incurred by us arising out of any breach of the covenants, warranties, representations and agreements herein.
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
7.1 We may terminate your access to our site or registration immediately if you are in breach of any of these terms and conditions.
7.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
8.1 We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. This right includes the right to change any of the documentation which forms part of these terms and conditions
8.3 We reserve the right at our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide our services to any user that is in breach of these terms and conditions.
8.4 We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control.
8.5 If any clause hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other clause and such invalid clause shall be deemed to be severed from these terms and conditions.
8.6 We may assign these terms and conditions or appoint any third party, including our group companies, to provide the services to you on our behalf or to perform any of our obligations under these terms and conditions.
8.7 You shall not assign or otherwise deal with its rights and obligations under these terms and conditions, whether in whole or in part without our written consent.
8.8 These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
8.9 These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.