Terms & Conditions
Last updated: January 13, 2023
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE PLATFORM AND/OR THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PLATFORM AND/OR THE SERVICES.
Wristcheck reserves the right to, at its sole discretion, modify these Terms at any time without prior notice and consent. If Wristcheck modifies these Terms, it will post the modification via the Platform or otherwise provide you with notice of the modification. By continuing to access and/or use the Platform and/or the Services after Wristcheck has posted a modification via the Platform and/or has provided you with notice of the modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Platform and the Services.
1.1 In these Terms, the following definitions and rules of interpretation apply unless otherwise defined:
- Account means an account provided by Wristcheck to the Users for their use of the Platform and the Services and Accounts shall be construed accordingly;
- Affiliates means in relation to Wristcheck, any of its subsidiary, subsidiary undertaking, holding company, parent undertaking and group undertaking;
- Articles refers to articles made available on the Platform and/or pursuant to the Services (including but not limited to in the form of newsletter) from time to time;
- Buyer Users is as defined under clause 2.1(a);
- Contents means text, graphics, images, audio, video, information and other materials;
- Covered Parties is as defined under clause 11.1 and Covered Party shall be construed accordingly;
- Force Majeure Event means any event beyond the parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labour disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic or pandemic;
- Hong Kong means Hong Kong Special Administrative Region of the People’s Republic of China;
- Intellectual Property Rights includes, in relation to the Platform, all copyright and other intellectual property rights, howsoever arising and in whatever media, whether registered or not registered, including but not limited to patents, design rights, trademarks, service marks, applications or rights to apply for any of the foregoing, database rights, Know-How, trade or business name, rights in confidential information, goodwill, and other similar rights existing in any part of the world;
- Know-How means all know-how, experience, data, technical and commercial information relating to the Platform and/or the Services, including but not limited to the mode of operation;
- Passcode means, in relation to an Account, the private passcode set by the Users of their Accounts, and Passcodes shall be construed accordingly;
- Platform means the platform made available by Wristcheck in the form of a platform, mobile application or otherwise for the provision of the Services;
- Platform Third-Party Service Providers is as defined under clause 2.6 of these Terms;
- post means, in respect of any Contents, post, submit, publish, display or transmit to other Users (including comments made to any such Contents) on or through the Platform, and posted, posting and postings shall be construed accordingly;
- Product means product made available for Buyer Users to make Offers, Requests and/or to complete Purchase, and Products shall be construed accordingly;
- Purchases means purchases of the Products made by Buyer Users via the Platform in accordance with these Terms, and Purchase shall be construed accordingly;
- Requests means requests submitted by Buyer Users via the Platform to source applicable Products in accordance with these Terms, and Request shall be construed accordingly;
- Offers means offers to purchase the Products made by Buyer Users via the Platform in accordance with these Terms, and Offer shall be construed accordingly;
- Seller Users is as defined under clause 2.1(b);
- Services is as defined under clause 2.1 of these Terms;
- Tax means all forms of taxation, withholdings, duties, imposts, levies, social security contributions and rates imposed, assessed or enforced by any local, municipal, governmental, state, federal or other bodies or authorities in Hong Kong or elsewhere, in all cases being in the nature of taxation, and any related interest, penalty, surcharge or fine and Taxes shall be construed accordingly;
- Third-Party Contents is as defined under clause 7.4 of these Terms;
- User(s) means collectively the Seller Users and the Buyer Users; and
- Wristcheck means Wristcheck Exchange Limited, a private limited company incorporated under the laws of Hong Kong.
1.2 The words/phrases subsidiary and holding company have the meanings given to them in the Companies Ordinance (Chapter 622 of the laws of Hong Kong).
1.3 Words importing one gender shall be treated as importing any gender, words importing individuals shall be treated as importing persons and vice versa, words importing the singular shall be treated as importing the plural and vice versa, and words importing the whole shall be treated as including a reference to any part thereof.
Scope of the Services
2.1 Wristcheck provides the Users with access to the Platform whereby Users can obtain the following respective services (collectively the Services). These Terms govern the access to and use of the Platform and the Services. Failure to use the Platform and/or the Services in accordance with these Terms may subject you to civil and/or criminal liabilities:
- Users may access the Platform to (i) browse the Articles; (ii) obtain information about the Products; (iii) contact Wristcheck to make enquiries in relation to the Products; (iv) sign up with Wristcheck (by providing their emails) to obtain information (such as Articles) via the form of newsletter; (v) (upon successful registration of an Account) to make Offers and/or Requests via the Platform for the Products; and (vi) (upon successful registration of an Account) to complete Purchases of the Products (the Buyer Users); and
- Users may access the Platform to (i) browse the Articles; (ii) obtain information about the Products; (iii) sign up with Wristcheck (by providing their emails) to obtain information (such as Articles) via the form of newsletter; and (iv) (upon successful registration of an Account) contact Wristcheck to sell their Products (the Seller Users).
2.2 As a Buyer User, you understand and agree that by making an Offer, by submitting a Request and/or by completing a Purchase, you are deemed to be accepting the terms and conditions of the Purchases, Offers and/or Requests (as applicable) as then stated on the Platform, which shall become binding contracts formed pursuant to these Terms upon your payment (for Purchases), upon acceptance by Wristcheck (for Offers) and/or upon confirmation by Wristcheck (for Requests).
2.3 As a Seller User, you understand and agree that by making your Products available on the Platform, you are deemed to be accepting the terms and conditions of the Purchases, Requests and/or Offers (as applicable) as then stated on the Platform, which shall become binding contracts formed pursuant to these Terms upon Wristcheck’s receipt of payment (for Purchases) or upon acceptance by Wristcheck (for Offers) In the event there is inconsistency or discrepancy between these Terms and terms under agreements entered between a Seller User and Wristcheck (and/or its Affiliates), the terms under such agreements shall apply, prevail and be conclusive.
2.4 The Platform and the Services are offered and available to Users who are eighteen (18) years of age or above. By using the Platform and the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet the foregoing eligibility requirements. If you do not meet the age requirements you shall not access or use the Platform and/or the Services.
Provision of informational (and not investment advice) Contents
2.5 You understand and agree that the Platform is an information dissemination platform. You further understand and agree that you should not rely on or otherwise treat any information available on the Platform (including but not limited to those contained in the Articles) as investment advice. You should always seek independent legal and investment advice if you have any enquiries.
2.6 In addition to the Services, the Platform may contain links for services (including payment gateway services regarding fees payable by and/or to the Users) to be provided by third-parties (including but not limited to third-party service provider relating to the acceptance of payments by usage of cryptocurrencies) (the Platform Third-Party Service Providers). If you decide to engage any Platform Third-Party Service Providers, you do so entirely at your own risk and subject to the terms and conditions of use for such Platform Third-Party Service Providers. Wristcheck is not responsible for and has no absolute control over any Platform Third-Party Service Providers and accepts no responsibility for any loss or damage that may arise from any User’s use of the Platform Third-Party Service Providers. You further acknowledge and understand that digital virtual wallet and cryptography are progressing fields. Advances in code cracking or technical advances may present risks to the Platform and the Services which could result in the theft or loss of your property. By using the Platform and/or the Services, you acknowledge and accept such inherent risks.
2.7 Any and all communications, transaction payments and engagements with the Platform Third-Party Service Providers are exclusively between the relevant Users and the relevant Platform Third-Party Service Providers, not Wristcheck.
Discontinuation, suspension or termination of the Services
2.8 Wristcheck reserves the right, in its sole discretion and without notice, to the extent legally permissible to temporarily or permanently modify, suspend, or terminate the Platform and/or the Services (or any part thereof). Wristcheck shall not be liable to you or any third-party for any such temporary or permanent modification, suspension or termination. For the avoidance of doubt, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability during any such discontinuation, suspension or termination of the Platform and/or the Services.
3.2 You are responsible for maintaining the security of your Account and Passcode. You acknowledge that your Account is personal to you and agree not to provide any other persons with access to your Account.
3.3 You agree to notify Wristcheck immediately of any unauthorized access to or use of your Account or any other breaches of security. You hereby accept and acknowledge that you take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by applicable laws, rules and regulations.
4.1 Wristcheck grants you a limited, restricted, personal, non-transferable, non-sublicensable and revocable licence to access and use the Platform only as expressly permitted in these Terms. Except for this licence, Wristcheck does not grant you any other rights or licences with respect to the Platform and any other rights or licences not expressly granted herein are reserved.
4.2 Nothing in these Terms is intended to nor shall create any partnerships, joint ventures, agencies, consultancies or trusteeships between you and Wristcheck.
4.3 As conditions of using the Platform and/or the Services, you agree not to:
- breach these Terms or any other applicable policies that Wristcheck may convey with respect to the use of the Platform and/or the Services;
- use the Platform and/or the Services for any commercial or non-personal purposes (direct or indirect) without prior written consent of Wristcheck;
- make any speculative, false, or fraudulent Purchases, Requests and/or Offers or any Purchases, Requests and/or Offers in anticipation of demand;
- use the Platform and/or the Services for any purposes that are illegal, unlawful or prohibited by these Terms;
- engage in any other conducts that restrict or inhibit anyone’s use or enjoyment of the Platform and/or the Services, or which, as determined by Wristcheck, may harm it or any Users or expose them to liability;
- use the Platform and/or the Services in any manner or use any devices, software or routine that could disable, overburden, damage, or impair the site or interfere with the proper operation and use of the Platform and/or the Services;
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from the Platform and/or the Services without prior written consent of Wristcheck;
- access, monitor or copy any Contents or information of the Platform and/or the Services using any robot, spider, scraper or other automated means or any manual processes for any purposes without expressed prior written permission from Wristcheck;
- deep-link to any portion of the Platform for any purposes without the expressed prior written permission from Wristcheck;
- “frame”, “mirror” or otherwise incorporate any part of the Platform into any other platform without prior authorization of Wristcheck;
- deliver any unlawful (according to any and all applicable laws, rules or regulations) postings to or through the Platform, or any postings which advocate illegal activities;
- deliver any postings that you do not have a right to make available under relevant laws or contractual or fiduciary relationships;
- deliver, or provide links to, any postings containing defamatory, harmful, obscene, pornographic, indecent, violent, abusive, discriminating, insulting, threatening, tortuous or otherwise objectionable Contents;
- impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity (including but not limited to the use of email addresses or screen names associated with such person or entity) on the Platform and/or in relation to the use of the Services;
- attempt to gain unauthorized access to, interfere with, damage or disrupt the Platform, the Services, the server on which the Platform is stored, and/or any server, computer or database connected to the Platform;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform and/or the Services, including harvesting or otherwise collecting personal information about others such as email addresses;
- access or use the Platform in order to develop or create a similar or competitive service to the Services;
- do anything else which could, in the reasonable view of Wristcheck, cause damage to the Platform, the Services, and/or Wristcheck, its Affiliates and/or their respective licensors, suppliers or service providers or would otherwise have a negative impact; and/or
- aid, abet, encourage or induce any of the above.
Your warranties in relation to use of Services
4.4 As conditions of using the Platform and/or the Services, you agree to warrant that:
- by making a Purchase, submitting a Request and/or an Offer (as applicable), you will accept and agree to (i) the specific terms and conditions applicable to the Purchase, the Request and/or the Offer (as applicable) as indicated on the Platform (including the relevant payment terms and cancellation fee policies); and (ii) receive emails from Wristcheck providing you further details relevant to your Purchase, Request and/or Offer;
- you will accept and agree that payments (including but not limited to deposit payments (where applicable)) made by you relating to making an Offer, submitting a Request and/or completing a Purchase cannot be refunded to you upon acceptance by the Seller Users (for Offer), acceptance by Wristcheck to the Buyer User (for Purchase) and/or confirmation by Wristcheck (for Request) unless otherwise agreed by Wristcheck (in its sole and absolute discretion);
- in the event a Purchase, a Request and/or an Offer is rejected or cancelled by Wristcheck (through no fault of yours as a User) and a payment has already been made by you, you may receive a full or partial refund of your payment where Wristcheck (in its sole and absolute discretion) determines appropriate to do so subject to third-party charges (where applicable), including but not limited to where Wristcheck has exercised its right to cancel any Purchase, Request and/or Offer (or in exceptional cases to cancel confirmed Purchase, Request and/or Offer) in accordance with clause 4.5;
- in the event Wristcheck cannot successfully confirm a Request with a Seller User within the timeframe as agreed with a Buyer User (through no fault of yours as a User) and a deposit payment has already been made by you, you have the option to either (i) receive a full refund of your deposit payment made pursuant to the relevant Request; (ii) extend the timeframe for the Request in writing for an additional 72 hours;
- Purchase, Request and/or Offer (as applicable) are confirmed only upon issuance of a confirmation by Wristcheck. It is possible that a Product could become unavailable, in which case the Purchase, Request and/or Offer (as applicable) will no longer be available. Wristcheck shall not be held liable in such cases; and
- you will be deemed to have understood and agreed to the specific restrictions and conditions applicable to each Product (as indicated on the Platform).
Wristcheck’s right to cancel and not accept Purchase, Request and/or Offer
4.5 Wristcheck reserves the right not to accept any Purchase, Request and/or Offer (or in exceptional cases to cancel confirmed Purchase, Request and/or Offer) at its discretion without the need to provide justifications for such refusal and/or cancellation. Grounds to reject a Purchase, a Request and/or an Offer (and cancel confirmed Purchase, Request and/or Offer) include, but are not limited to breach of these Terms by User(s), Force Majeure Events, legal restrictions, suspicions or actual case of fraud or theft, suspicious transactions, misleading and/or inaccurate information provided in respect of the Product, credit card problems, inappropriate behaviour, refusal to supply information, practical obstacles and communication problems, suspicious or actual case of the Product being not authentic (is a counterfeit or fake) or otherwise not of acceptable quality and condition suitable for Purchase, Request and/or Offer.
4.6 Wristcheck also has the right to cancel or reject a Purchase, a Request and/or an Offer or make adjustments due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Platform which a reasonable person would not consider to be normal. The Purchase, the Request and/or the Offer will be adjusted, or, where relevant, the amount charged will be reimbursed to the relevant User without charge in such cases. Whether to cancel or reject a Purchase, a Request and/or an Offer for such reason is in Wristcheck’s sole discretion.
4.7 Wristcheck reserves the right to bar Users from the Platform, on a permanent or temporary basis, at its discretion. Any such blacklisted User must not attempt to use the Platform under any other names or through any other Users.
5.1 Except where indicated otherwise, the price displayed on the Platform for the Product are exclusive of the following fees and charges (as applicable) (which are required to be paid by the Buyer Users and/or the Seller Users): (i) Taxes; (ii) shipping charges (unless otherwise agreed by Wristcheck); (iii) payment gateway charges; and (iv) service charges (as noted by Wristcheck on the Platform from time to time). You will see the total aggregate price for the Purchase, the Request and/or the Offer (as applicable) (inclusive of shipping charges, payment gateway charges and service charges on the Platform (as applicable)) prior to confirmation of the Purchase, the Request and/or the Offer. When in doubt, you can contact the customer service team of Wristcheck.
5.2 The prices on the Platform may be converted into different currencies for your convenience. Price rates provided in a currency other than Hong Kong dollars are converted to the displayed currency at a rate determined by Wristcheck, which may include a conversion, exchange, processing and/or otherwise administrative fee for certain currencies and different forms of payment acceptable by Wristcheck from time to time (e.g. payment by bank transfer, credit card and cryptocurrency). The currency and amount displayed on the final confirmation page is the amount payable to Wristcheck for the Purchase, the Request and/or the Offer.
6.1 Payment via the Platform may be made by you to Wristcheck (a) via the Platform using services provided by the Platform Third-Party Service Providers; or (b) via other offline channels of payment not via the Platform. If you decide to use the payment gateway services of the Platform Third-Party Service Providers, you do so entirely at your own risk and subject to the terms and conditions of use for such Platform Third-Party Service Providers.
6.2 Your credit card will be charged by Wristcheck upon confirmation of the Purchase, the Request and/or Offer. You may be given the option to pay in your credit card currency if it is different from the selected currency. You will see the converted amount that will be charged to your card. Your bank may impose additional fees on the transaction, over which Wristcheck has no control.
6.3 Wristcheck will process refunds, if and when applicable, within a reasonable timeframe. Please note that your bank may impose additional fees on the transaction, over which Wristcheck has no control. Please contact your issuing bank for details.
6.4 If you suspect an unauthorized or fraudulent credit card payment was made via Wristcheck, please contact the customer service team of Wristcheck immediately.
6.5 You undertake that the credit card you are using is your own credit card or that you are authorized to complete the Purchase, the Request and/or the Offer (as applicable) with such card and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all Purchase, Request and/or Offer (as applicable) made under your name or Account.
6.6 You undertake that the payment details you provide to Wristcheck in relation to the Purchase, the Request and/or the Offer (as applicable) are fully correct. You also undertake to provide correct and accurate e-mail addresses, and/or other contact details to Wristcheck and acknowledge that Wristcheck may use these details to contact you in the event as Wristcheck deems necessary. Wristcheck reserves the right not to accept certain credit cards. Wristcheck may add or remove other payment methods at its discretion.
6.7 In the event of late payment, invalid credit cards or insufficient funds, you shall bear your own risk, shall account for any liabilities resulting from such situation and shall not be entitled to any refund unless otherwise agreed by Wristcheck. Wristcheck also reserves the right to charge an administrative fee (amount of which to be notified by Wristcheck from time to time) to process any cancellation where it deems appropriate to do so.
6.8 You understand and authorize some of your payment made via the Platform may be held on escrow by Wristcheck pending confirmation of the relevant Purchase, Request and/or Offer, including but not limited to where Wristcheck considers necessary to verify whether any grounds to reject a Purchase, a Request and/or an Offer as listed under clause 4.5 may be applicable.
7.1 The Contents (including the Articles) presented on or through the Platform and/or the Services are made available solely for general information purposes. Wristcheck does not warrant the accuracy, completeness or usefulness of any Contents. Wristcheck disclaims all liabilities and responsibilities arising from any reliance placed on such materials by Users or by anyone who may be informed of any of its Contents to the maximum extent permissible by applicable laws, rules and regulations.
7.2 For the avoidance of doubt, Wristcheck does not undertake to review or verify the Contents before they are posted on the Platform, and cannot ensure prompt removal of objectionable Contents after they have been posted. Accordingly, Wristcheck assumes no liability for any action or inaction regarding the Contents. Wristcheck has no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Linking to the Platform and social media features
7.3 You may link to the homepage of the Platform, provided you do so in a way that is fair and legal and does not damage the reputation of Wristcheck or any of its Affiliates or take advantage of them, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Wristcheck’s part.
Links to third-party Platforms
7.4 The Platform may contain hyper-links to web pages and banners of third-parties for advertisement purposes of such third-parties and such links are provided for your convenience only. Wristcheck has no absolute control over the contents posted by such third-parties (Third-Party Contents) and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Contents linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Contents.
Intellectual Property Rights of Wristcheck
8.1 The Platform contains copyright material, trade names and other proprietary information and the entire Contents of the Platform are protected by copyright law. Unless stated otherwise, the software required for the Services or available at or used by the Platform and the Intellectual Property Rights in the Platform and the Contents on the Platform are owned by Wristcheck, its Affiliates and/or their respective licensors, suppliers or service providers. Wristcheck and its licensors, own copyright and/or database right in the selection, coordination, arrangement and enhancement of such Contents.
8.3 Wristcheck exclusively retains ownership of all rights, title and interest in and to (all Intellectual Property Rights of) the Platform. Any unauthorised use will constitute a material infringement of Wristcheck’s Intellectual Property Rights.
8.4 You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, the Platform and the Contents on the Platform, in whole or in part except as provided in these Terms, except as follows:
- your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- you may store files that are automatically cached by your web browser for display enhancement purposes; and
- if Wristcheck provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by our end User licence agreement for such applications.
8.5 You may use information from the Platform for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded Contents will be permitted without expressed permission of Wristcheck and that of the copyright owner.
8.6 The mark “Wristcheck” is a trademark of or licensed to Wristcheck and/or its Affiliates in Hong Kong or elsewhere (whether registered or not). The name and logo of Wristcheck and all related names, logos, product and service names, designs and slogans are trademarks of Wristcheck or its Affiliates or licensors. You must not use such marks without the prior written permission of Wristcheck.
8.7 Other product and company names identified on the Platform may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Wristcheck, its licensors and/or Affiliates or a third-party. The use on the Platform of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-parties, and the availability of specific goods or services from such third-parties through the Platform, should not be construed as an endorsement or sponsorship of the Platform by any such third-parties, or the participation by such third-parties in the offering of goods, services or information through the Platform.
9.1 Wristcheck may suspend (for any duration) or terminate your access to the Platform and/or the Services in its sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related User Contents for the following reasons without any responsibility or liability on the part of Wristcheck for any losses or damages that may result from such suspension or termination: (a) any material breach of these Terms; (b) your dishonest, misuse, abuse and/or illegal use of the Platform or the Products; (c) any act or omission by you which is harmful or likely to be harmful to Wristcheck, to the other Users or any other third-parties; (d) providing details on the Platform or offline to any Users that are intentionally inaccurate; (e) complaint reports from other Users; or (f) you cannot be reached by Wristcheck within a reasonable time period.
9.2 In the event of termination, you may not use any part of the Platform under your Account without Wristcheck’s written consent and all payments due to Wristcheck (if any) shall become immediately payable.
10.1 Nothing in these Terms shall limit liability for any personal injury or death caused by negligence, fraud or for fraudulent misrepresentation.
10.2 Your use of the Platform, its Contents, the Services and any items obtained through the Platform is at your own risk. The Platform, its Contents, the Services and any items obtained through the Platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either expressed or implied. Without limiting the foregoing, neither Wristcheck nor anyone associated with Wristcheck represents or warrants that the Platform, its Contents, the Services and any items obtained through the Platform will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Platform or the server that makes it available are free of viruses or other harmful components or that the Platform, the Services and any items obtained through the Platform will otherwise meet your needs or expectations.
10.3 You understand that Wristcheck cannot and does not guarantee or warrant that any Contents available for downloading from the Platform will be free of viruses or other destructive codes. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data. Wristcheck will not be liable for any losses or damages caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform, the Services and any items obtained through the Platform or to your downloading of any materials posted on it, or on any platform linked to it.
10.4 You understand and agree that actions or inactions caused by third-parties or external instrumentalities (including without limitation the Internet) may create situations in which connections to the Platform may be impaired or disrupted. While Wristcheck will use commercially reasonable efforts to take any actions it deems appropriate to remedy and avoid such events, Wristcheck makes no guarantee that such events will not occur and you agree that Wristcheck shall have no liability for any breach of these Terms to the extent caused by any such event.
10.5 Unless Wristcheck is at fault for intentional or wilful misconduct, or gross negligence, Wristcheck is not responsible for any failures caused by server errors, misdirected or redirected transmissions, failed internet connections, interruptions in the transmission or receipt of Offers, Requests and/or Purchases or, any computer viruses or other technical defects, whether human or technical in nature.
10.6 Wristcheck cannot guarantee that any and/or all information about the Seller Users’ Products displayed on the Platform is accurate, complete, correct or up to date. Each Seller User remains solely responsible at all times for the accuracy, completeness and correctness of the information in respect of their respective Products displayed on the Platform. The Platform does not constitute and should not be regarded as a recommendation or endorsement of any Products listed on the Platform. Wristcheck hereby expressly disclaims any representation, warranty or undertaking in relation to the quality, status or adequacy of any Seller Users’ Products listed on the Platform. For the avoidance of doubt, Wristcheck shall only be held responsible to representation, warranty and undertaking in relation to the quality, status or adequacy of those Products which are made available on the Platform pursuant to and/or in relation to Requests.
10.7 Wristcheck disclaims any liability or responsibility for any communication with the Users on or through the Platform. Wristcheck cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Users.
10.8 Wristcheck is not responsible for the User’s compliance, or non-compliance, with any and all requirements under any law or regulation regarding the use of the Platform, the Services and/or the Products.
10.9 Wristcheck will not be responsible for any matters arising from or in connection with your use of any services provided by any Platform Third-Party Service Providers and/or any losses and expenses incurred or suffered by you or any other persons in relation thereto. To the extent permissible by applicable laws, Wristcheck excludes all losses, damages, costs, expenses, liabilities and penalties arising out of or in connection with your use of the Platform and/or the Services.
10.10 Wristcheck hereby disclaims all warranties of any kind, whether expressed or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
10.11 Clause 10 does not affect any warranties or liabilities which cannot be excluded or limited under applicable laws, rules and regulations.
11.1 To the extent permitted by law, in no event shall Wristcheck (and its Affiliates), including their respective officers, directors, employees, representatives, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Platform and its contents (collectively the Covered Parties), be liable to any person or entity whatsoever for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages or losses whatsoever, including but not limited to (where relevant, caused by): (a) loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, inconvenience, stress, distress, loss of claim, business interruption, data or other intangible losses; (b) your inability to use, unauthorized use of, delay, performance or non-performance of the Platform and/or the Services; (c) unauthorized access to or tampering with your personal information or transmissions; (d) the provision or failure to provide any service in relation to the Products, Requests, Offers and/or Purchases; (e) errors or inaccuracies contained on the Platform or any information contained in the Articles and/or of the Products as made available on the Platform; (f) any transactions entered into through the Platform; (g) any property damages including damages to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of the Platform or any site to which it provides hyperlinks; (h) damages otherwise arising out of the use of the Platform, any use, delay or inability to use the Platform, or any information, products, or services obtained through the Platform; (i) any (personal) injury, death, property damage, or other damages attributable to the Products; and (j) any damages caused by a Force Majeure Event.
11.2 The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if a Covered Party has been advised of the possibility of damages.
11.3 No Covered Party shall be responsible for any Seller Users’ breach of any conditions or warranties including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Parties be responsible for any other wrongdoing of a Seller User (including any liability in tort), as to any services in relation to the Products via the Platform. Wristcheck does not guarantee continuous access without interruption to the Platform.
11.4 Claims submitted with undue delay may be considered void pursuant to applicable statute of limitations. Only bona fide claims will be considered. Notwithstanding the above, any cause of action or claim you may have arising out of or relating to these Terms, the Platform and/or the Services must be commenced within one (1) month after completion of the relevant transaction or from the date the event should have been reasonably known by you (whichever is earlier).
11.5 Wristcheck will bear the responsibility required by relevant laws only if it is at fault for engaging in intentional or willful misconduct or it is grossly negligent in providing the relevant Service. To the extent permissible pursuant to the relevant applicable laws, rules and regulations, and without prejudice to the limitations set out in these Terms, the liability of Wristcheck, in the aggregate, will not exceed the lesser of (a) the aggregate cost of Purchase, Request or Offer (as applicable) as set out in the confirmation email (whether for one event or series of connected events); or (b)$800 Hong Kong dollars (or its equivalent in local currency).
11.6 In addition, limitation of or exemption from the aforementioned liability may not be permitted pursuant to the relevant applicable laws. In such case, Wristcheck shall bear the liability to the extent set forth in the relevant laws. Claims should be submitted as soon as possible after occurrence of the event giving rise to the claim.
12.1 You agree to indemnify and hold harmless the Covered Parties from and against any claims, liabilities, damages, losses, and expenses that the Covered Parties incurs or suffers as a result of any actions, inactions or omissions by you, including, without limitation, legal and other fees payable or suffered by, or imposed on, the Covered Parties arising out of or in connection with:
- access to, use or misuse of the Platform and/or the Services in violation of these Terms, applicable laws, rules and regulations and/or any rights of any third-parties by you; and/or
- any unauthorised activities or actions under your Account, whether or not you have authorised or are aware of such activities or actions.
12.2 If you use the Platform and/or the Services for or on behalf of a third-party, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform such third-party of all applicable Terms. Each User using the Platform and/or the Services for or on behalf of any third-party agrees to indemnify and hold the Covered Parties harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defence), relating to such third-party’s or the User’s failure to fulfil any of its obligations as described above.
14.1 Save as otherwise expressed in these Terms (including but not limited to clause 2.3 vis a vis Seller Users), these Terms supersede and replace any and all prior oral understandings between Wristcheck and you regarding the Platform and/or the Services.
14.2 You may not assign or transfer these Terms, by operation of law or otherwise, without Wristcheck’s prior written consent. Wristcheck may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of you and Wristcheck, the successors, permitted assigns and legal representatives of you and Wristcheck respectively.
14.3 A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the laws of Hong Kong) to enforce any provision of these Terms.
14.4 Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Wristcheck via email transmitted.
14.5 The failure of Wristcheck to enforce any rights or provisions of these Terms will not constitute a waiver of future enforcement of those rights or provisions. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Wristcheck. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies thereunder.
14.6 These Terms shall be governed by and construed in accordance with the laws of Hong Kong. The parties hereunder irrevocably agree that the courts of Hong Kong shall have exclusive jurisdiction in relation to any claim or dispute concerning or arising from these Terms.
14.7 The original English version of these terms and conditions may have been translated into other languages. In the event of a dispute about the contents or interpretation of these Terms or inconsistency or discrepancy between the English version and any other language version of these Terms, the English language version to the extent permitted by law shall apply, prevail and be conclusive.
14.8 These Terms shall be deemed severable. In the event that any provisions are determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by provisions approximating as much as possible the original wording and intent.