USERS SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE CONSULTING OR USING THIS WEBSITE.
The use of this Website is governed by the following terms and conditions of use (hereinafter the “Terms and Conditions of Use”). Before you navigate or register on this Website, please ensure that you have carefully read and understood these Terms and Conditions of Use, in particular, the disclaimer, applicable law and jurisdiction clauses. Disclaimer clauses will be underlined in bold and you should pay more attention to these clauses. If you do not accept all the Terms and Conditions of Use, please exit this Website immediately.
We reserve the right to amend the Terms and Conditions of Use of the Website at its sole discretion, at any time and without notice. The use of the Website after such amendments implies full acceptance of the Terms and Conditions of Use in their amended version.
1. Intellectual property rights
This Website as a whole and all material on this Website, together with the “ANDREW MACKENZIE” trademark, are owned and registered by the ANDREW MACKENZIE S.R.L.
All trademarks and logos, whether or not they are registered or displayed on the Website, including but not limited to the “ANDREW MACKENZIE” trademark and all the other related distinctive marks reproduced on the Website are and will remain the exclusive property of the ANDREW MACKENZIE S.R.L. Such trademarks and signs may not be used in connection with any product or service that does not originate from the ANDREW MACKENZIE S.R.L., in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the “ANDREW MACKENZIE” name or the “ANDREW MACKENZIE” trademark or products bearing the “ANDREW MACKENZIE” trademark. You acknowledge and agree that this Website and all the content included therein, including, but not limited to, all texts, information, data, images, icons, photographs, illustrations, multimedia content (graphic, audio and video), charts, indices, descriptions, data, software, HTML codes and screens contained therein and the like (hereinafter collectively “Content”), is owned by or licensed to ANDREW MACKENZIE S.R.L. or the Chinese operator of ANDREW MACKENZIE S.R.L. and is subject to protection by international intellectual property laws, including, but not limited to, rights of the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.
All materials contained in this Website are displayed for information or promotional purposes only. Use of the Website is permitted for your own personal use and not for commercial purposes. Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Website, you may access, download, copy, store, manipulate, reformat, print or display any Content to which you have obtained authorized access solely for your personal use and not for business purposes. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Website, or any content contained therein.
In no event shall ANDREW MACKENZIE S.R.L. or the Chinese operator of ANDREW MACKENZIE S.R.L. be liable (on whatever basis, either contractual and non-contractual) for any direct, indirect, incidental, ancillary, financial or non-financial damage whatsoever (including, but not limited to, damages for loss of profit or revenue, data or programming, even if ANDREW MACKENZIE S.R.L. or the Chinese operator of ANDREW MACKENZIE S.R.L. has been advised of the possibility of such damages) arising out of:
(a) your use of the Website, including, but not limited to, any loss or damage caused by any delays, inaccuracies, errors or omissions in any information accessed on or through the Website,
(b) any transaction concluded through or from the Website,
(c) your inability to use the Website for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or through the Website,
(d) the deletion, correction, damage, loss or failure to store any information concerning or transmitted on the Website,
(e) the use of any products or services obtained on or through the Website ,
(f) unauthorized access to the Website and unauthorized alteration to transmissions or data ,
(g) statements or conduct of any third party on the Website, or
(h) any other matter relating to the Website.
We do not promise that the products or services mentioned in this Website will be available at any time. Changes to or improvements in such products or services may be made at any time with notice. ANDREW MACKENZIE S.R.L. or the Chinese operator of ANDREW MACKENZIE S.R.L. reserves the right to modify or discontinue the Website (or any part thereof) at any time, temporarily or permanently. You agree not to be liable to you or any third party for any modification, suspension or discontinuance of the Website.
The transmission of data over the Internet cannot ever be guaranteed to be completely secure. It is possible that third parties beyond our control may be able to access or intercept transmissions of private communications without our permission or knowledge, and without any bona fide or lawful purpose. We make every possible effort to fulfil its basic obligations in accordance with the law, however, we cannot ensure or warrant the security of any information you transmit to us. Data is transmitted at your own risk and we cannot be held liable for any breach of security is not directly attributable to negligence on the part of us, especially for breach of contract for the following reasons:
(1) Force majeure factors including, but not limited to, natural disasters, strikes, riots, wars, government actions, and judicial administrative orders;
(2) Public service factors including, but not limited to, power supply failures, communication network failures, or third-party factors;
(3) In the case of good faith management, due to routine or emergency equipment and system maintenance, equipment and system failure, network information and data security and other factors.
4. Use your information
5. Links to other Websites
The Website may contain links to websites other than its own. These websites may contain and be governed by their own terms and conditions of use or no terms and conditions at all. We have no responsibility for those websites and provides these links solely for the convenience of its users. Hence, we cannot be held responsible for those websites or external sources, and declines any responsibility for the content, advertising, products, services and any other material available on or branching off those websites and external sources. In addition, we cannot be held responsible for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those websites or external sources.
6. Applicable law and jurisdiction
You agree that by accessing this Website you accept the jurisdiction of the People’s Republic of China (excluding Hong Kong, Macau and Taiwan) (“PRC”). These Terms and Conditions of Use shall be governed by and construed in accordance with PRC laws.
Unless otherwise provided by law, in the event of a dispute arising from or relating to the interpretation and/or application of the Terms and Conditions of Use, the competent court in the district where the Chinese operator of ANDREW MACKENZIE S.R.L. is registered, namely Qing Pu District Court in Shanghai is located shall have exclusive jurisdiction. It is also understood that, with respect to the correct interpretation of these Terms and Conditions of Use, the Chinese text shall be deemed the binding version.
The Terms and Conditions are severable. If any provision of the General Terms and Conditions is judged to be invalid or unenforceable, such provision shall be deemed as deleted and others shall remain valid and enforceable.