© 2020 by PAINTGUIDE™

TERMS AND CONDITIONS

 

Welcome to PAINTGUIDE.SPACE. Please read these Terms and Conditions of Use (T&C) carefully before using the website. By browsing and utilizing this website or any part of it, you are consenting to comply with and be bound by the following T&C which, along with our Privacy Policy, governs your usage of this website.

 

These T&C are effective immediately and were last updated on February 14th 2020, and shall remain effective until revised and updated or terminated by PaintGuide. For further information and questions related to our T&C and Privacy Policy, please complete the contact form here.

 

This Terms and Conditions of Use Agreement (“T&C” or “Agreement”) is a legal agreement between you and PaintGuide Limited, providing, among other things, the T&C for your access and utilisation of this website: http://www.paintguide.space.

 

By using this site, you hereby, acknowledge that you have read this agreement, understand it and will be bound by these terms and conditions of use. Additionally, the user acknowledges that this T&Cs and PaintGuide’s Privacy Policy is the entirety of this agreement defines the relationship between the user and PaintGuide, of which supersedes any proposal and  prior agreements (oral or written).

 

  1. GENERAL

    1.  We, PaintGuide Limited, are a Hong Kong Limited Company registered at the address: Unit C, 2/F, Waylee Industrial Centre, 38 Tsuen King Circuit, Tsuen Wan, New Territories, Hong Kong.

    2. PaintGuide Limited (Chinese: 藝 有限公司) owns and operates the site: http://www.paintguide.space.

    3. PaintGuide reserves the rights to make any modifications to these T&C from time to time without providing any prior notification. The amended T&C are effective immediately from the date they are published on our site. Your continued access and use of our website and services will be deemed as your unconditional acceptance of the latest version of the terms and conditions. If you disagree to or cannot comply with this T&C , please cease to use the website.

    4. Definitions

    • “We”, “Our”, “Us”, the “Company” may be used in reference to PaintGuide.

    • “You” or “Your” may be used to reference the person whom PaintGuide is providing services and deliver merchandise to whom is required to pay for the merchandises we delivered.

    • “Content” meaning all text, logos, graphics, icons, images, photographs, moving visual representational images, video, or a combination of and other material(s) displayed, featured or utilised in relation to our site.

    • “Site” meaning PaintGuide’s official website: http://www.paintguide.space .

    • “Privacy Policy” – our personal information collection practices on the website governed by PaintGuide’s Privacy Policy. Click here to see our Privacy Policy.

    • “Intellectual Property Rights” shall defined as the following – the provision of right to any intellectual and industrial property rights currently enforced whether or not registered or registrable, including all applications and rights to apply for registration, renewal, and or extensions of such rights, in addition to the rights of action and remedies related to past infringements including/in connection with:

      • Confidential information, business and trade secrets, technical.non-technical know-how;

      • Patents, Inventions;

      • Copyright;

      • Trademark, Service marks, Business or Trading Name;

      • Design / Topography rights; 

      • Database rights;

      • All other rights of similar or corresponding manner.

    • The Legal Notice and Disclaimer and the Privacy Policy  are incorporated within these T&C and associated documents.

    • If any provisions of this T&C is deemed to be invalid or unenforceable under Hong Kong’s jurisdiction, such invalid/unenforceable clause, including but not limited to any of the warranty disclaimers or limitations in liability set forth within this T&Cs, shall not affect the remaining T&Cs and such provision will be considered to be superseded by a valid, enforceable provision that most closely resembles the initial provision’s intentions. All remaining T&Cs  shall persist in full force and effect.

    • If any provisions of this T&Cs is invalid/unenforceable and cannot be superseded by a valid/enforceable provision, then such clause will be deemed severable. All remaining T&Cs  shall persist in full force and effect.

    • For further questions regarding this site, please find our general contact information here.
       

  2. AUTHORISED USERS AND USER INFORMATION

    • Age Requirements - All users when using our services or place an order, must be at least the age of the legal majority and can legally form a binding agreement under the applicable laws.

    • Users may browse the website without registration or subscription. However, as a condition on utilising certain features of the site, such that of website and e-mail communication services (for example, including but not limited to, mailing lists), users must first subscribe to the site.

    • Website Subscription – PaintGuide will not require users to provide any personal information (“User Information”) except for an e-mail address for site subscription. 

    • User Information Collection and Usage – the collection and usage of any user/client’s personal information policies are set forth within the PaintGuide Privacy Policy.

    • By subscribing to PaintGuide’s website and/or provision of user information to utilise PaintGuide’s services, users are agreeing to provide complete, accurate and most updated information.

    • Users are solely responsible for the accuracy and validity of the information provided to PaintGuide.

    • By subscribing to PaintGuide’s website, PaintGuide from time-to-time may send you e-mail notifications to the e-mail used for subscription. Your subscription will thus be under the assumption that you consent for the PaintGuide team to provide notices to you through such methods.

    • If PaintGuide have reasonable grounds to suspect that any information is invalid, inaccurate, untrue or incomplete, PaintGuide will have the grounds to suspend or terminate any users website subscription/ user registration.

    • You may request a copy of your personal information retained by PaintGuide, any request of corrections of data or removal of data by writing to us:

      PAINTGUIDE LTD.  

      Unit C, 2/F, Waylee Industrial Centre,

      38 Tsuen King Circuit,

      Tsuen Wan, N.T,

      Hong Kong

      - or -

      E-mail: info@paintguide.space
       

  3. APPLICABLE LAW

    • These T&C are to be governed by the laws of the Hong Kong Special Administrative Region.

    • The utilisation of the site, the user and PaintGuide, hereby, acknowledge and agree to conform to the jurisdictions of the Hong Kong courts for determining any disputes arising for or in relation to these T&C.
       

  4. PRIVACY POLICY

    • As per clause 2.4, PaintGuide’s user and client’s information on the site will be governed by our Privacy Policy. Please review our Privacy Policy here.
       

  5. SITE INFORMATION AND LICENSE OF USE

    • By accessing and using this website, the user accepts and acknowledges the use of the site is at their own risk.

    • Subject to this T&Cs, the user is granted personal, non-exclusive, non-commercial limited license to access and use of this site.

    • We attempt to ensure that all information published on the site is correct and up-to-date.

    • PaintGuide reserves the sole discretion to alter, change or make corrections to any of the information provided on the website at any time and without providing any prior notifications.

    • Unfortunately, at the moment, we are unable to guarantee the correctness, validity, precision and full entirety of any of the information available on the site.

    • PaintGuide reserves the right to revise the content of the site at any time without prior notice, including but not limited to the services we provide.

    • PaintGuide will not be responsible or liable to any direct, indirect, incidentals, consequential or penal damages or for any losses of profits or revenues arising from any or all of :

      • Any usage of the site;

      • Access or Inaccessibility to the site;

      • Any content errors, omissions, incorrectness published;

      • Issues with the usability of the website - any failure of performance, errors, omissions and interruptions, communication failures due to delays in operation or transmissions, computer bugs/viruses, communication line failures, power outages, interception of online communications, soft/hard-ware problems;

      • Software or hardware problems – including and not limited to the loss of data or compatibility issues;

      • Theft of any sorts, any tortious behaviour or negligence by any third party

      • Any breaches of contract by any third-parties;

      • Or any other cause of actions resulting in directly or indirectly from any access, use, downloading or publication of any of the website’s content.

    • All contents within this site (all information and materials) do not reflect any provision of any sorts of warranty (unless specifically identified). Contents are provided ‘as is’ without warranties of any kind expressed or implied including to be not limited to implied terms, such that of title, quality, merchantability, purpose, privacy or non-infringement.

    • This website may contain links to other third party websites which are not operated by PaintGuide. As these are unaffiliated links to PaintGuide, we have no control over third-party website’s operations and their usage of the users personal information. Please note you’re your use of any third-party websites are subject to the third-party’s terms and conditions and privacy policy. Prior to use it is recommended to review any third-party websites’ terms and conditions. PaintGuide shall disclaim and bear no responsibility and liability for any losses or damages that may have been afflicted by any third-party website links. The links provided are solely for the purpose of our users’ convenience.

    • Any use of the website without specified permission under this T&Cs is strictly prohibited.
       

  6. PROHIBITED USAGE & ACTS

    • Subject to these T&Cs, users may utilise the content of this site for their own personal purposes.

    • PaintGuide reserves the right at our sole discretion to refuse any registration, service and/or terminate any users access to the site without any prior notice if PaintGuide believes any users have violated any T&Cs stated within this agreement or PaintGuide’s Privacy Policy.

    • Unless other expressed by or have received prior written consent from PaintGuide or authorised by law to do so, any user is not permitted to do actions described by the following:

      • Use the contents of this website (all data, texts, images etc.) for any commercial and or other non-personal purposes;

      • Replicate, create any duplications or versions of the content and transfer to any other device(s) or any other person;

      • Reproduce, distribute, republish, reformat, download, upload/post, modify, produce derivative works of, display in public or distribute the site’s contents in any form;

      • Utilise or extract any contents of this site, including any user information, for any illegal purposes that may violate or infringe any applicable legislations or regulations;

      • Be in violation or infringement of any (PaintGuide, any user or any other third-parties) intellectual property rights, privacy, publicity or legal rights;

      • Impersonate any third-party (any person or entity) or misrepresent/conceal any third-party affiliation;

      • Engage in illicit harvesting, flooding or spamming of e-mail addresses or any other users’ personal information;

      • Engage in spidering, screen-/database- scraping or any other prohibited activities associated with the intention of obtaining and utilising any users’ information;

      • Attempt to obtain unauthorised access to any other computer or computer systems through this site;

      • Attempts to bypass, penetrate or interfere with any security measures of the site, and or obtain any sensitive information (including but not limited to any confidential information and passwords) of PaintGuide or any third-parties (any person or entity);

      • Utilise this site as a tool to transmit or circulate any viruses, bugs, or any other interfering or disabling mechanisms;

      • Utilise this site as a tool to transmit or circulate any content (including but not limited to any data, text, images etc.) with the following nature: illegal, fraudulent, abusive, harassment, harm of anyone’s or entities’ reputability, indecency, pornographic, vulgar, profane, hateful, racist, and or otherwise considered inappropriate.
         

  7. COPYRIGHT & TRADEMARK

    • By utilising this site, you acknowledge that PaintGuide owns and/or have license(s) to all the titles to and copyrights in the website’s contents, unless otherwise specifically identified.

    • All title(s) and intellectual property rights within the contents provided on this site are the property of their respective content owners, and may be protected by pertinent copyright and/or intellectual property regulations and legislations.

    • If you notice or suspect any copyright infringement, please contact us by completing the contact form here.

    • You, hereby, acknowledge that the use and downloading this site’s contents does not signify any permission of ownership has been acquired. Any replications or other activities listed within clause 5.3 is strictly prohibited and constitutes as a violation of PaintGuide’s or respective content owner’s copyright rights.

    • The service marks, logos, trading names, trademarks (collectively identified as “trademarks”) displayed within this site, registered and unregistered, are the trademarks that belongs to PaintGuide or other respective rights holders.

    • Such trademarks may not be used on a non-personal, public or commercial manner, nor in any manner that may misrepresent, mislead or discredit PaintGuide or any other respective rights holders.

    • Users of this website, by implication or otherwise, have NOT been granted any permissions or licenses to use any trademarks displayed within this site. PaintGuide or their respective rights holders have the discretion to take legal action against any unauthorised usage.
       

  8. USER GENERATED CONTENT

    • Any user generated content(s) includes but are not limited to all texts, images, submissions, comments, testimonials, photographs, videos, files, reviews, suggestions, or other materials/content submitted.

    • Any user generated content(s) submitted or posted will not be confidential and may be utilised at PaintGuide’s discretion.

    • By submitting or generating any user content(s) on this site, the user understands, acknowledges and consents to:

      • Authenticates that the user has the legal right(s) and authority to grant the license for PaintGuide to utilise the content generated;

      • Represent and warrants that the content generated and/or submitted is original to the user, and that no other party has any rights thereto. Any ‘moral rights’ relevant to such content produced have thus been waived;

      • Granting PaintGuide an international, royalty-free, perpetual, peremptory, non-exclusive, unrestricted, fully-transferable, sub-licensable right to license to utilise, reproduce, distribute, publicly display, translate, modify, produce derivative works of, incorporate in other content, and not limited to our sole discretion for the purposes of marketing, promotion and re-distribute the entirety or part of the content in any format through any media agencies or publications (online or otherwise);

      • If, upon PaintGuide’s sole discretion, any of the user generated content is utilised in any form, PaintGuide will not infringe upon any intellectual or other property rights;

      • The right to publish the user’s name or entity affiliation in connection to the content generated;

      • To not generate any material that is illegal, defamatory, pornographic, offensive, racist, harmful to the safety of any third-party (human or entity), contain harassing elements and/or otherwise inappropriate;

      • If applicable, upon PaintGuide’s request, provide written copies of any consents/permissions/licenses that the user have obtained in generating such content;

      • Under no circumstances is PaintGuide obligated to utilise, reproduce, nor publish any of the user generated contents.
         

  9. DISCLAIMERS & LIABILITY LIMITATIONS

    • This website, inclusive of all its contents, are provided to the users “as is”.

    • Any access and use of this site and its contents, the user accepts and acknowledges that it is upon their own risk.

    • To the maximum extent permitted by the applicable laws of Hong Kong, PaintGuide hereby disclaims all warranties expressed or implied, including but not limited to title, merchantable quality, warranties and conditions of merchantability, purpose, privacy, or non-infringements to any party’s rights.

    • PaintGuide makes no guarantees, warranties, representations nor conditions that the use or the consequential use of the site and all its contents may result in or are accurate, reliable, up-to-date, without errors, may contain omissions, free from loss, destruction, interference, corruption, cyber or any forms of attack/viruses, hacking, other security intrusions. We hereby, disclaim any liabilities relating thereto.

    • Without any prior notice, PaintGuide have the sole discretion, to modify, alter, suspend, discontinue any aspect or feature of the website, or the user’s use of the website.

    • PaintGuide will not assume any liabilities to the user’s with regards to any losses or liabilities associated to such information and usage in any way.

    • Some of the content(s) available within this site may include materials belonging to third parties, the user hereby acknowledges that PaintGuide will not be responsible for such content.

    • PaintGuide’s entire liability and user’s exclusive remedy used this agreement will be limited to ONE of the following (depending on region): HKD$10.00 | GBP£1.00 | EUR €1.00 | US$1.00 .
       

  10. INDEMNIFICATION

    • The users, hereby, indemnifies and holds PaintGuide and all its directors, officers, employees, contractors, agents, licensors, affiliates harmless with respect to any legal actions, claim, damage, loss, expense (including but not limited to legal expenditures) or other liabilities which may arise from (any or all of the following):

      • Any breach of this T&Cs, herein;

      • Any infringements by the users of the copyrights and/or intellectual property rights of any third-party (person or entity);

      • The user’s use or misuse of this website.