Terms and Conditions
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY ACESHOPPINGCLUB.COM ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND ACESHOPPINGCLUB.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEMPO LUXURY HOME MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; ACESHOPPINGCLUB.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND ACESHOPPINGCLUB.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
8.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to tempoluxuryhome.com’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from tempoluxuryhome.com or through or from the Site shall create any warranty not expressly stated herein.
8.4 Each User hereby further agrees to indemnify and save tempoluxuryhome.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that tempoluxuryhome.com is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. aceshoppingclub.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with tempoluxuryhome.com in asserting any available defenses.
8.5 aceshoppingclub.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
a) the use or the inability to use the Site or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
c) unauthorized access by third parties to data or private information of any User;
d) statements or conduct of any User of the Site; or;
e) any matters relating to Services however arising, including negligence.
8.6 Notwithstanding any of the foregoing provisions, the aggregate liability of tempoluxuryhome.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to tempoluxuryhome.com or our affiliates during the calendar year and (b) HK$1,000. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose.
8.7 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not tempoluxuryhome.com has been advised of or should have been aware of the possibility of any such losses arising.
7. Transactions Between Customers and aceshoppingclub.com
7.1 Customers agrees to provide all information and materials as may be reasonably required by tempoluxuryhome.com in connection with orders placed at tempoluxuryhome.com. Tempo Luxury Home has the right to suspend or terminate any customers account if the Customer fails to provide the required information and materials or provides inaccurate or fraudulent information.
7.2 Each User agrees that tempoluxuryhome.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any use or storage of any products purchased from tempoluxuryhome.com.
7.3 Tempo Luxury Home will maintain all applicable PCI DSS standards and protect all data provided by the cardholder.
7.4 When you make a purchase, you agree that the risk of loss transfers from Tempo Luxury Home to you from the moment we deliver your order to the carrier.
You will bear all related liabilities and risks during the third-party transportation of your order.
3. Users Generally
3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
3.2 You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with tempoluxuryhome.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from tempoluxuryhome.com is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
3.3 You must read tempoluxuryhome.com’s Privacy Policy which governs the protection and use of personal information about Users in the possession of tempoluxuryhome.com and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
3.4 tempoluxuryhome.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web site. You are cautioned to read such web site' terms and conditions and/or privacy policies before using the Site. You acknowledge that tempoluxuryhome.com has no control over such third parties' web site, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of tempoluxuryhome.com and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of tempoluxuryhome.com’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to tempoluxuryhome.com or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to tempoluxuryhome.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, such as using as product description on tempoluxuryhome.com’s advertising outside tempoluxuryhome.com and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any services and/or the business of the User. You confirm and warrant to tempoluxuryhome.com that you have all the rights, power and authority necessary to grant the above.