Effective Date of Current Policy: September 20, 2020
Please review these terms and conditions (hereinafter referred to as “the Terms” or “these Terms”) before using this website. These Terms govern your access to and use of the website located at www.topiom.com and all associated websites (collectively, the “Website”) operated by LIKING LIMITED (hereinafter referred to as “Topiom” or “we” or “us”).
The Website is available for your use only on the condition that you agree to the Terms set forth below. The use of the Website, including the purchase of any Products (as defined below), is subject to the Terms. If you do not agree to these Terms as well as any other terms, guidelines or rules that apply to any part of this Website, without limitation or qualification, do not access or use the Website. By accessing or using the Website, you and any entity you are authorized to represent (hereinafter referred to as “You” or “Your”) signify your agreement to be bound by the Terms or these Terms. If you have any questions about the Terms, please contact us at support@topiom.com.These Terms stipulate that all disputes between you and Topiom relating to these Terms or your use of the Website or Products will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR instead of a judge or jury, and your claims cannot be brought as a class action. Please refer to Section XVI (“Dispute Resolution”) for the details regarding your agreement of arbitrating any disputes with Topiom.
I. Privacy
We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by reference.
II. Electronic communication
When you visit the Website, or send us e-mails, you are communicating with us electronically. By doing so, you consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide you with electronically meet any legal requirement that such communication shall be in writing.
III. Eligibility
No part of the Website is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, DO NOT USE OR ACCESS THIS WEBSITE. If you are using the Website on behalf of a company, entity, or organization (collectively “Organization”), then you represent and guarantee that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.
IV. Copyright
Unless noted, all contents included on this Website, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, “Topiom Content”) are the property of Topiom or its licensors, partners or affiliates and are protected by Hong Kong and international copyright laws. The compilation of this Website is the exclusive property of Topiom and is protected by Hong Kong and international intellectual property laws. Any unauthorized use of any Topiom Content on this Website is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Website only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Website, please contact us at support@topiom.com.
V. Trademarks
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Website are proprietary to Topiom, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Topiom, and you may not remove or modify in any manner any trademark notices from any content offered or received through the Website.
VI. Limited license and Website access
We grant you a limited license to use the Website for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Website or any of the contents of this Website; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into readable form of any contents of this Website not intended to be so read. This includes using or directly viewing the underlying HTML or other codes from this Website except those interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Website (including any Marks) in any form or by any means, including, but not limited to, electronically, mechanically, in photocopying,or recording manner or others; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Website or to collect any information from the Website or any other user of the Website.
VII. Accounts, forms, registrations and passwords
You represent and guarantee that the information you provide Topiom with upon creating an account on the Website and at all other times will be true, accurate, current, and complete. To facilitate future purchases on the Website, you may choose to create an account by providing an e-mail address and password. Please note that you may choose to use the Website and make purchases without creating an account. If you do create an account, your account is personal, and you may not share your account information with, or allow access to your account by, any third-party. As you will be responsible for all activities that occur under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Website and to preserve the confidentiality of your username and password, and any device that you use to access the Website. You agree to notify us immediately of any breach of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third-party, you agree to immediately notify Topiom by emailing to support@topiom.com. You will be solely responsible for the losses incurred by Topiom and others due to any unauthorized use of your account.
VIII. Fees and payments; shipping
Prices. The price for Products available for purchase through the Website will be displayed to you on the Website. All products listed are priced inclusive of taxes unless otherwise stated. Any applicable taxes will be communicated to you before you place an order. Payments. The Website currently uses third parties to process payments. Our third-party payment processors accept payments through PayPal, all Major Credit Cards such as: Visa, MasterCard, Discover Card, and American Express, and Personal Checks as detailed on the payment page are all acceptable methods of payment. Delivery Charges. The Shipping rates and fees for products purchased on Topiom vary according to different products. Please refer to specific product pages for the most current shipping prices.
IX. Gift and offer codes; Referral Program
From time to time, Topiom may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on www.topiom.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions which may be determined and communicated by Topiom in its sole discretion. Only valid offer codes provided or promoted by Topiom will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Topiom (including any unauthorized third-party websites) will not be considered valid. Each offer code promoted by Topiom is non-transferable and valid for single use on an item (or items) of merchandise as determined by Topiom. Offer codes may not be combined and may not be used in conjunction with the Topiom Referral Program–customers are limited to the use of a single offer code per order. Offer codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘offer code’ field at checkout. Offer codes are not valid in showrooms or stores and are valid online only. Topiom is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Offer codes are not applicable to purchase of Essential unless part of minimum qualifying order of $1,000.00. Requests not complying with all offer code requirements will not be honored. Spokespeople. From time to time, Topiom may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been authorized or incentivized to speak on behalf of the brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been authorized by Topiom for their statements. Referral Program. Topiom offers brand advocates the opportunity to refer friends to participate in the Topiom Referral Program. For the terms and conditions of the Topiom Referral Program, please refer to Referral Terms. Offer codes may not be used in conjunction with the Topiom Referral Program.
X. Warranty
Each Product that is manufactured by Topiom’s partners and purchased directly from Topiom or Topiom’s authorized retailers is covered by a warranty, the terms of which can be found at www.topiom.com (together, the “Product Warranties”). The Product Warranties are incorporated by reference into these Terms. Should there be a conflict between the terms of any Product Warranty and these Terms, the terms of the applicable Product Warranty shall govern. If you are dissatisfied or believe there is a defect in any of your Products, please review the relevant warranty policy.If you believe that you are entitled to take advantage of those terms, please contact us at support@topiom.com.
XI. Content you submit to Topiom
From time to time, Topiom may allow you to post reviews, comments, photos, or similar materials on the Website (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Website. However, any Reviews you submit to Topiom must not harass, slander, malign, libel, defame, threaten, or violate any rights of any third-parties and must not include any profane, obscene, indecent, pornographic, defamatory or unlawful material.
By posting a Review on the Website, you hereby grant Topiom an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public on a through-to-the-audience basis, to create derivative works from, use and exploit (collectively, “Use”) all Reviews you post to the Website for any purpose, including promoting and marketing Topiom and the Products. You further grant Topiom a royalty-free license to use the name, image, and likeness of any person identifiable in any Review you post to the Website. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided you by Topiom through the Website, you represent, warrant, and covenant that:(i) you either are the sole and exclusive owner of Reviews that you post to the Website, or you have all rights, licenses, consents, and releases that are necessary to grant to Topiom the rights in your Reviews as contemplated under the Terms, and(ii) the Reviews you post to the Website do not
- (A) infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights,
- (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or
- (C) require Topiom to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.
No Objectionable Content. You agree not to submit Reviews that: (i) are or can be interpreted as infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promote discrimination, bigotry, racism, or hatred, which determined by Topiom in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code. Monitoring. Topiom has no obligation to monitor this Website or any part thereof. However, we reserve the right to review any Reviews and remove, delete, redact or modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Topiom has no obligation to display or post any Reviews. Topiom, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation, to satisfy any application, law, regulation, contractual obligation, legal, dispute process, or governmental request.
XII. Complaint
If you are not satisfied with the outcome of your complaint, you are entitled to pursue alternative dispute resolution by referring your complaint to The Retail ADR, a certified Alternative Dispute Resolution Provider whose purpose is to resolve disputes between consumers and traders without resorting to court. The contact details for The Retail ADR are as follows:
Post address:The Retail ADR, 33 floor Euston Towers, 286 Euston Road, London, NW1 3DP
Telephone number: 020 3540 8063
Email address: enquiries@retailadr.org.uk
XIII. Use of the Website
You agree to use the Website only for its intended purpose. You must use the Website in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Website are prohibited. You may not: · attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Website, user accounts, or the technology and equipment supporting the Website; · frame or link to the Website without permission; · use data mining, robots, or other data gathering devices on or through the Website; · post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; · disclose personal information about another person or harass, abuse, or post objectionable material; · sell, transfer, or assign any of your rights of using the Website to a third-party without our written consent; · post advertising or marketing links or content, except those specifically allowed by these Terms; · use the Website in an illegal way or to commit an illegal act in relation to the Website which results in fines, penalties, and other liability to Topiom or others; or access the Website from a jurisdiction where it is illegal or unauthorized.
XIV. Disclaimer
We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Website you accept the risk that you might be exposed to content that is objectionable or inappropriate. We may change, suspend, or discontinue any aspect of the Website at any time, including hours of operation or availability of the Website or any feature, without notice or liability. User Disputes. We are not responsible for any disputes or disagreements between you and any third-party you interact with using the Website. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. To the fullest extent permitted by law, you release Topiom of all claims, demands, and damages in disputes among users of the Website. You also agree not to involve us in such disputes. Use caution and common sense when using the Website. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Website. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Website at your own risk. We make no promises and, to the fullest extent permitted by law, disclaim all liability of specific results from the use of the Website. Released Parties Definition. “Released Parties” include Topiom and its affiliates, officers, employees, agents, partners, and licensors.
XV. Limitation on liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE, INCLUDING, BUT NOT LIMITED TO, DAMAGE FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOPIOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS THROUGH, FROM, OR AS A RESULT OF THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR third-party ON THE WEBSITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF TOPIOM CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
XVI. Dispute resolution
Generally, to resolve disputes between you and Topiom in the most expedient and cost effective manner, you and Topiom agree that any dispute arising out of or in any way related to these Terms or your use of the Website or Products will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury. It may allow for more limited discovery than a court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Website or Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TOPIOM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms will be deemed to waive, preclude, or limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim. Arbitrator. Any arbitration between you and Topiom will be governed by the rules of the Hong Kong International Arbitration Centre (collectively,“HKIAC Rules”), as modified by these Terms, and will be administered by the HKIAC. The HKIAC Rules and filing forms are available online at www.hkiac.org, by calling the HKIAC at +852 2525 2381, or by contacting Topiom. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by H.K. Mail or electronic mail (“Notice”). Topiom’s address for Notice is: Room 502C, 5 / f, ho king commercial centre, 2-16 fa yuen street, mong kok, Kowloon, Hong Kong, 999077 or legal@topiom.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Topiom may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Topiom must not be disclosed to the arbitrator until the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Topiom will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Topiom in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000. Fees. If you commence arbitration in accordance with these Terms, Topiom will reimburse you for your payment of the filing fee, unless your claim is more than $15,000 or set forth as below, in which case the payment of any fees will be decided by the HKIAC Rules. Any arbitration hearing will take place at a location to be agreed upon in London, United Kingdom, but if the claim is $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the HKIAC Rules in the county (or parish) of your shipping address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the HKIAC Rules. In that case, you agree to reimburse Topiom for all monies previously disbursed by it that are your obligation to pay under the HKIAC Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasonable written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes according to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. No Class Actions. YOU AND TOPIOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Topiom agree, the arbitrator may not consolidate more than one person’s claims, and may not preside over any form of a representative or class proceeding. Modifications to this Arbitration Provision. If Topiom makes any future change to this arbitration provision, other than a change to Topiom’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Topiom’s address for Notice.In this case, this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Topiom. Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this Section XVII is found to be unenforceable, then the entirety of this Section XVII will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to these Terms or your use of the Website or Products. Choice of Law; Venue. These Terms will be governed and construed in accordance with the laws of Europe and North American, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under these Terms, then you and Topiom agree personal and exclusive jurisdiction and venue of the courts located in London, United Kingdom.
XVII. Termination
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website for any reason or no reason. Upon termination, these Terms will still apply.
XVIII. We reserve the right to update and revise these terms at any time
From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page; provided, however, that we will endeavor to provide you with prior notice of any material changes that will apply to you. Your use of our website will constitute acceptance of these Terms.
XIX. Waiver
Either party’s failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party’s subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party according to the same or any other term of these Terms.
XX. Severability
If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
XXI. Entire agreement
These Terms (including any document or terms incorporated into these Terms) constitute the entire agreement between the user and Topiom with respect to this Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
