Terms of use

TERMS OF USE

This website and/or its mobile sites and applications (the “Site”) are owned and operated by adrbcdental.com (the “Company”). These Terms of Use (“Terms of Use”) apply to your use of this Site. Any purchase of products or services available through this Site is governed by the Terms of Purchase (“Terms of Purchase”) posted on the Company’s applicable website, which are incorporated herein by reference. In addition, your use of this Site is governed by the Privacy Notice, which is incorporated herein by reference.

Throughout the Site, the terms "we," "us," and "our" refer to the Company. The Company offers this Site, including all information, tools, and services available from it, to you, the user, conditioned on your acceptance of these Terms of Use. Your continued use of this Site constitutes your acceptance of these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

PLEASE READ THESE TERMS OF USE, ALONG WITH THE PRIVACY NOTICE AND ANY OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.

Data integrity

You represent that all information, data, and other materials you provide on this Site or to the Company through any other means are true, accurate, current, and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

Privacy Notice

A copy of the Privacy Notice that applies to the collection, use, disclosure, and other processing of personal information on this Site is located at nauraille. You consent to any personal information we obtain about you (whether through this Site, by email, by telephone, or by any other means) being collected, stored, and otherwise processed in accordance with the terms of the Privacy Notice.

License and access to the website

All content available through this website (including, but not limited to, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) is the exclusive property of the Company, its licensors, or its content providers, and is protected by copyright, trademark, and other applicable laws.

The Company grants you a limited license to access and make personal use of this Site. Except as otherwise indicated, you may access, copy, download, and print the content available on this Site for your personal, non-commercial use, provided that you do not modify or delete any copyright, trademark, or other proprietary notices that appear on the content. The Company or its licensors or content providers retain full and complete ownership of the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in the Company's sole discretion. The Company strictly prohibits any other use of the content available through the Site, including, but not limited to:

any downloading, copying or other use of the content or the Site for competitive purposes for the Company or for the benefit of another provider or any third party;

any unauthorized caching, linking to the Site, or framing of any content available on the Site;

any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have the right to make available (such as another party's intellectual property);

any uploading, posting or transmission of any material that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;

the use of any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, without limitation, the use of any "scraping" or other data mining techniques, robots, or similar data gathering and extraction tools); or

any action that imposes or may impose (in the Company's sole discretion) an unreasonable or disproportionately large load on the Company's infrastructure, or that damages or interferes with the proper functioning of our infrastructure.

You are responsible for obtaining access to the Site, and such access may require payment of fees to third parties (such as internet service provider or connection charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not circumvent any measures implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any access or use that in any way implicates any account you may establish on the Site or any device you may use to access the Site) will terminate the authorization or license granted to you by the Company.

The Company reserves the right to refuse or cancel any person's registration on this Site, remove any person from this Site, and prohibit any person from using this Site for any reason, as well as to limit or terminate your access to or use of the Site at any time without notice. The Company neither warrants nor represents that your use of the content available on this Site will not infringe the rights of third parties not affiliated with the Company. Termination of your access or use will not waive or affect any other rights or remedies to which the Company may be entitled, at law or in equity.

Content you submit

You acknowledge that you are responsible for any content you submit through the Site, including the legality, reliability, appropriateness, originality, and copyright of such content. You may not upload to, distribute, or otherwise publish through this Site any content which is confidential, private, invasive of privacy or publicity rights, infringing of intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically, or otherwise objectionable, including, without limitation, any content which encourages conduct that would constitute a criminal offense, violate the rights of any party or give rise to civil liability or otherwise violate any applicable laws.

You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content.

With respect to any content you submit, post, upload, distribute, or otherwise make available through the Site (except for personal information, which is handled in accordance with the Privacy Notice), you grant the Company a perpetual, irrevocable, non-terminatable, worldwide, transferable, royalty-free, and non-exclusive license to use, copy, license, publicly display, modify, create derivative works from, and sublicense such content, or any portion thereof, in any and all media. No such content will be treated as confidential. You hereby represent, warrant, and covenant that: (i) no content you provide includes anything (including, but not limited to, text, images, music, or video) for which you do not have the full right to grant such license to the Company; and (ii) the Company is free to exercise its rights and/or deploy your content as it chooses, without obtaining permission or licensing from any third party and without reference to you or any other person.

 

Links

This site may contain links to other websites or resources operated by third parties not affiliated with the Company. These links are provided for your convenience and as an additional means of accessing the information contained therein. We are not responsible for the content, advertising, products, or other materials on or available from such sites or resources. The inclusion of links to other sites or resources should not be considered an endorsement of the content of any linked sites or resources. Different terms and conditions and privacy policies may apply to your use of linked sites or resources. The Company is not responsible, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or services available on or through any such linked sites or resources.

DISCLAIMERS

EXCEPT AS EXPRESSLY STATED OTHERWISE IN THESE TERMS OF USE, THE TERMS OF SERVICE, OR THE TERMS OF PURCHASE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, UNDERTAKINGS, OR WARRANTIES, OR OFFERS ANY OTHER CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE COMPANY SITES, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM THE PERFORMANCE OR COURSE OF NEGOTIATIONS.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS OFFERED HEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE IS SECURE; THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE VIRUSE-FREE; OR THAT THE INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT ALLOW THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, YOUR COMMUNICATIONS WITH THIRD PARTIES, AND YOUR PURCHASE AND USE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU FREE OF CHARGE. RECOGNIZING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, CONSUMER PROTECTION LAW), NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS (THE "COMPANY PARTIES") SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF ...

 INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF ANY COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES AVAILABLE OR PURCHASED THROUGH THE COMPANY WEBSITES, INCLUDING DAMAGES OR INJURIES ARISING FROM THE USE OF SUCH PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY); (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, DELETION, OR ERASURE OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE FOREGOING CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE USING THE SITE.

YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR THE CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.

Compensation

You will indemnify and hold harmless the Company Parties from and against any and all fines, penalties, liabilities, losses, and other damages of any kind (including attorneys' and expert witness fees) incurred by the Company Parties and such parties, and will defend the Company Parties and such parties against any claim arising from (1) your breach of these Terms of Use; (2) your breach of the Purchase Terms; (4) your fraud, or your intentional misconduct or gross negligence; or (5) your violation of any applicable law or the rights of a third party. The Company Parties will control the defense of any claim to which this indemnification may apply, and in any event, you will not settle any claim without the Company Parties' prior written approval.

Electronic communications

When you use the Site or send emails to the Company, you are communicating with the Company electronically. You consent to receive any communications related to your use of this Site electronically. The Company will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company intended for receipt by a customer will be deemed delivered and effective when sent to the email address you provide on any of the Company Sites.

Publications on the Site

The Site may offer users the opportunity to submit messages posted on the Site. The Company is under no obligation to review any content (including messages) posted or submitted through the Site by users and assumes no responsibility for such content. The Company, in its sole discretion, may monitor, not post, or remove any such content.

Trademarks and Copyrights

The trademarks, logos, and service marks ("Marks") displayed on the Site are owned by the Company or its licensors or content providers, or other parties. Users or any party acting on their behalf are prohibited from using any Marks for any purpose, including, but not limited to, use as metatags on other pages or sites without the written permission of the Company or such third party that may own the Marks. You may not use frames or framing techniques or technologies to enclose any Site content without the Company's express written consent. Furthermore, you may not use any Site content in metatags or any other "hidden text" techniques or technologies without the Company's express written consent. All content (including software programs) available on or through the Site is protected by copyright, trademark, and other applicable laws.

Claims for intellectual property infringement

The Company respects the intellectual property of others and asks its users to do the same. You are hereby notified that the Company has adopted and reasonably enforced a policy that provides for the termination, in appropriate circumstances, of website users who are repeat copyright infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the Company's copyright agent with the following information (to be effective, the notification must be in writing and provided to our copyright agent):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site;

your address, telephone number and, if available, email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

You can contact the Company's agent for notification of claims of copyright or other intellectual property infringement as follows:

By email: service@adrbcdental.com

The Company may update this contact information from time to time without prior notice. We will post updated contact information on this Site.

Term of Terms Surviving After Termination of Agreement

Notwithstanding any other provision of these Terms of Use, or any general legal principle to the contrary, any provision of these Terms of Use that imposes or provides for continuing obligations on a party shall survive the expiration or termination of these Terms of Use.

Force Majeure

The Company shall be excused from performance of these Terms of Use or the Terms of Purchase to the extent that it is prevented or delayed in performance, in whole or in part, as a result of any event or series of events caused by or resulting from (1) weather or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrections, riots, civil disorders or rebellions, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the Company's reasonable control.

 

Risk of loss

Items purchased through the Site are shipped via a third-party carrier pursuant to a shipment contract. Therefore, the risk of loss and title for such items pass to you upon delivery to the carrier.

Dispute Resolution

By using the Site in any manner, you unconditionally agree and accept that: (i) any dispute, controversy, difference, or claim arising out of or relating to this agreement, including the existence, validity, interpretation, performance, breach, or termination thereof, or any dispute concerning non-contractual obligations arising out of or in connection with it, shall be finally submitted to and settled by arbitration under the UNCITRAL Arbitration Rules in force at the time of filing of the Notice of Arbitration; (ii) the law applicable to this arbitration clause shall be the law of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"); (iii) the place of arbitration shall be Hong Kong; (iv) the number of arbitrators shall be one, appointed by the Hong Kong International Arbitration Centre; and (v) the arbitration proceedings shall be conducted in English. General

If any provision of these Terms of Use or the Purchase Terms is held to be invalid, void, or unenforceable for any reason, the parties agree that a court should endeavor to give effect to the parties' intentions as reflected in the provision. Any unenforceable provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms of Use or the Purchase Terms. Section headings are for convenience of reference only and do not limit the scope of such sections. These Terms of Use or Purchase Terms, and the relationship between you and the Company, will be governed by the laws of Hong Kong, to the extent not pre-existing or inconsistent with federal law, without regard to its conflict of law provisions. For any action not subject to arbitration, both parties agree to submit to the personal jurisdiction of a court located in Hong Kong.

The Company's failure to act upon a breach of these Terms of Use or the Terms of Purchase by you or a third party does not waive its right to act upon subsequent or similar breaches. If any content on this Site, or your use of it, violates the laws of the place where you access it, the Site is not intended for you, and we ask that you do not use it. You are responsible for informing yourself about the laws of your jurisdiction and complying with them.

The Company does not guarantee that it will take action against all violations of these Terms of Use or the Purchase Conditions. Except as expressly provided otherwise in these Terms of Use or the Purchase Conditions, there shall be no third-party beneficiaries to these Terms of Use or the Purchase Conditions.

Changes to these Terms of Use

You acknowledge and agree that the Company may, at its sole discretion, modify, add, or remove any part of these Terms of Use at any time and in any manner by posting the revised Terms of Use on the Site. You may not modify or amend these Terms of Use under any circumstances. It is your responsibility to periodically review any changes we make to the Terms of Use. Your continued use of this Site after any changes to the Terms of Use constitute your acceptance of those changes.

Assignment

You may not assign these Terms of Use or the Purchase Terms (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the Company's prior written consent, which may be withheld in its sole discretion. Any attempted assignment that does not comply with these Terms of Use or the Purchase Terms will be void. The Company may assign these Terms of Use or the Purchase Terms, in whole or in part, to any third party at its sole discretion.

Complete agreement and admissibility

These Terms of Use constitute the entire agreement and understanding between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. For the avoidance of doubt, these Terms of Use apply only to the extent permitted by law.

In some cases, both these Terms of Use and a separate document setting forth additional terms may apply to a service or product offered through this Site ("Additional Terms"). In the event of a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall prevail unless expressly stated otherwise in the Additional Terms.

A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to contact us

If you have any questions or comments about these Terms of Use or this Site, please contact HAMJOUY LIMITED's Legal Department by email at service@hamjouy.com.