條款及細則 - MC Sportswear

MCSPORTSWEAR Website Terms and Conditions

Welcome to the MCSPORTSWEAR website (from now referred to as the "Website").

The Website is operated by O'Shea Sports & Uniforms Limited (from now referred to as the "Company"). Your access to and use of the Website, and the products and services provided through the Website, are subject to the following "Website Terms and Conditions" (from now on referred to as the "Terms and Conditions") and related Privacy Policy. By using the Website, you agree to and accept the following Terms and Conditions and the associated Privacy Policy.

If you do not agree to these Terms and Conditions and related Privacy Policy, you cannot access the services or order any products through our Website.

If you are under 18 years old, you must obtain the consent of your parent or guardian before providing any personal information.

1. Definition

The following are the meanings of the terms used in the "Terms of Use":

"Affiliates" - refers to any subsidiary or affiliated company or entity of any company, including the parent company, that holds directly or indirectly 20% or more of the voting rights or equity of such Company.

"Applicable Laws" - refers to the laws applicable to the Terms of Use as defined in Section 14.

"Content" - refers to all data, information, text, software, music, sound, photographs, graphics, video, messages, or other materials displayed or available on the Website.

"Hong Kong" - refers to the Hong Kong Special Administrative Region of the People's Republic of China.

"Linked Site(s)" - refers to the websites or webpages linked to the Website as defined in Section 7.

"MCSPORTSWEAR Membership Programmes" - refers to the services and/or programmes offered by the Company from time to time on the Website.

"MCSPORTSWEAR Membership Programmes Rules" - refers to the specific rules governing the services and/or programmes of each MCSPORTSWEAR Membership Programme.

"MCSPORTSWEAR Store Online Platform" - refers to the online platform operated by the Company and governed by the MCSPORTSWEAR Store Terms and Conditions, which provides users with a convenient mode of shopping through the internet (including through the use of related applications or software).

"MCSPORTSWEAR Store Terms and Conditions" - refers to the MCSPORTSWEAR Store Terms and Conditions as amended occasionally.

"Member" - refers to the MCSPORTSWEAR member as defined in the MCSPORTSWEAR Membership Programmes Rules.

"Password" refers to a series of characters you choose from time to time to access and use your user account on the Website, which can be read by a computer.

"Products" - refers to any products that can be purchased, exchanged, or redeemed through the Website occasionally.

"Terms of Use" - refers to the "MCSPORTSWEAR Website Terms of Use" as amended occasionally and posted on the Website.

"User" - refers to anyone who accesses the Website.

"Username" - refers to a series of characters you choose from time to time with your user account to access the MCSPORTSWEAR Membership Programmes or MCSPORTSWEAR Store Online Platform webpage, which can be read by a computer.

"User's Account" - refers to the individual account recorded for each MCSPORTSWEAR Membership Programme or MCSPORTSWEAR Store Online Platform account holder, identified by the username specified and filled out on the registration form when applying for membership or registering.

"The Company, we, our, us" - refers to "O'Shea Sports & Uniforms Limited", the owner of the Website, with its principal place of business located at 23/F, Tower 2, Grand Central Plaza, 162-170 Castle Peak Road, Kwai Chung, Hong Kong.

"Website" - refers to the "MCSPORTSWEAR" website located at the URL https://www.mcsportswear.com/ ↗ (from now referred to as the "Website").

"You, your" - refers to the user or visitor of the Website.

2. Registered User Accounts

Before using the services of the "MCSPORTSWEAR" website (from now referred to as the "Website") owned by O'Shea Sports & Uniforms Limited (from now referred to as "the Company"), please read and understand the following terms and conditions. As a user, you must comply with the following terms and conditions.

Applicants must be 18 or older and have the legal capacity to enter a binding contract. If you are under 18 years of age or under guardianship, you may use the Website's services only with the consent of your parent or guardian. By using the Website, you represent and warrant that you have read and understood and agree to be bound by these Terms of Use and the related Privacy Policy (if you are under 18 years of age or under guardianship, you represent and warrant that your parent or guardian has read and understood and agreed to be bound by these Terms of Use and the related Privacy Policy).

MCSPORTSWEAR Store Online Platform
To enter and use your account on the MCSPORTSWEAR Store Online Platform webpage on the Website, you must create an account and complete the required information accurately and entirely on the registration form to complete the registration process. Because you are bound by these Terms of Use and the "MCSPORTSWEAR Store Terms and Conditions" as defined in the following paragraphs, please refer to these provisions carefully. If there is any conflict between the "MCSPORTSWEAR Store Terms and Conditions" and these Terms of Use, the "MCSPORTSWEAR Store Terms and Conditions" shall prevail.

You also agree to keep and promptly update the above information to ensure it is up-to-date, complete, and accurate. The information you provide on the registration form will be processed following our "Privacy Policy Statement".

When registering, you have the right to specify your username, and the system will send a confirmation email to the designated email address to notify you. Suppose the applicant does not set a login password when placing an order and applies simultaneously. In that case, the system will automatically send an initial password and notify you by email at the designated email address. You can change your password at any time. We may periodically check, including contacting you, to ensure the accuracy of the information you provide. We reserve the absolute discretion to refuse your registration for specific reasons.

Your chosen username or password must not infringe the rights of any person or select a username or password that we consider offensive, inappropriate, or unsuitable; otherwise, we have the right to modify or delete your chosen username or password.

Based on each user's password, we can identify your identity, and you can log into your user account on the MCSPORTSWEAR Store Online Platform webpage on the Website with that password. Therefore, you must keep your password safe. We will not be responsible for the unauthorized use of your user account due to your failure to keep your password secure.

3. Subscription Service

You may be eligible to enjoy our subscription service according to the various terms and conditions we occasionally establish. Upon successful registration, we will send you an email notifying you of our latest information, other information, or any information contained on this website (including information pages exclusive to members) or posted on this website.

If you are eligible to enjoy this subscription service, you will need to fill out a form detailing your personal information. Your information will be processed following our "Privacy Policy Statement."

You agree that we are not responsible for sending you any email notifications. We reserve the right to terminate your subscription if you no longer qualify or for any other reason. We will not be liable in any way if you do not receive email notifications or if you terminate your subscription for any reason.

4. Data Privacy

For information about our privacy policy and handling procedures, please refer to our "Privacy Policy Statement." If the personal data is collected through specific services or programs provided by this website (including the MCSPORTSWEAR membership program, MCSPORTSWEAR Store online platform, and subscription services), users must also refer to the "Privacy Policy Statement"; the statement is linked within the form where your personal data is collected.

5. Complete Terms of Use

These "Terms and Conditions of Use," our "Privacy Policy Statement," "MCSPORTSWEAR Store Terms and Conditions of Use," and the applicable "MCSPORTSWEAR Membership Program Rules" (which are incorporated herein by reference) together represent a complete agreement between you and us concerning your use of this website.

6. Covenant

You agree to use this website solely for personal and non-commercial purposes. You are responsible for all content you upload or transmit (publicly or privately) through this website.

As a condition of your use of this website, you agree not to use this website for any illegal purpose or purpose prohibited by applicable laws, terms, conditions, and notices. Without limiting the generality of the preceding, you further agree not to:

· Infringe, break into, access, or attempt to infringe, break into, access, or use any of our other servers and/or any data scope without our authorization;

· Upload or transmit any illegal, fraudulent, libellous, defamatory, obscene, pornographic, blasphemous, threatening, vulgar, hateful, aggressive, or any inappropriate or unreasonable content, including any data transmission of such nature or any illegal act thereby constituted or incited, resulting in civil litigation liability, or violating any local, national, international or foreign laws, infringing any intellectual property or ownership rights, or breaching the confidentiality obligations of others;

· Upload or transmit any advertisement, solicitation, chain letter, pyramid sales plan, investment opportunity or plan, or other non-solicitation commercial communication, or engage in acts such as spamming or flooding;

· Use any content obtained through this website for commercial purposes without our written permission;

· Load, publish, transmit, reproduce, distribute or use any component of this website itself, or any copyrighted content, or other ownership rights obtained through this website, or to create derivative works, without our written permission;

· Directly or indirectly allow other people to use your username or password;

· Transmit, upload or load any computer virus, fraudulent software (Trojan horses), worm virus (worms), time bomb virus (time bombs), cancelbots, or other harmful or destructive specially designed programs through this website to interfere with, destroy or restrict the operation of any computer software, hardware or telecommunication equipment;

· Transmit, upload or load any content protected by intellectual property laws, privacy or public rights or any other "applicable laws" unless you have the rights to such content or have obtained the necessary permissions;

· Interfere with or disrupt the network connected to this website or violate any regulations, policies or applications related to such network;

· Intend to enter/use this website, other users' accounts or passwords, or computer systems or networks connected to this website without permission by mining other people's passwords or by other means;

· Interfere with other user's use and enjoyment of this website, the MCSPORTSWEAR membership program, or interfere with others' use and enjoyment of such services;

· Disrupt standard conversation transmission, causing the scrolling speed of the screen to be faster than that of other users of this website or causing adverse effects on other users' participation in real-time communication through other means or methods;

· Stalk or harass others;

· Collect or store personal information about other users or customers.

We reserve the right to access your user account, monitor and record your access and use of this website (including the MCSPORTSWEAR membership program) without notice to determine whether you have complied with these "Terms and Conditions of Use."

7. Website content

This website may include links to other web pages or resources (from now referred to as "linked web pages"). Such linked web pages are provided for further information and your convenience only. This does not imply that we endorse such websites or their content, nor do we assume any responsibility for the content of the linked websites. We also do not accept responsibility for any "webcasting" or transmission of data received from any linked web page in any other way. Suppose a linked web page promotes, sells or posts information about financial products or services. In that case, we explicitly declare that we do not endorse such linked web pages or any such financial products or services that appear on any other web page linked to such linked web pages. You agree that we will not be responsible for any loss or damage incurred or any legal liability arising from your use of any related web page services or content.

This website may refer to certain financial products or services, but this does not mean that we are promoting or selling them to you, and you should not interpret it that way.

We will not actively monitor the content submitted, posted, transmitted or distributed through or on this website, nor do we make any representations or warranties regarding the accuracy, correctness, or quality. However, we will consider complaints about inappropriate content on this website, but we do not guarantee that any action will be taken on such complaints. Furthermore, we reserve the right, at our sole discretion and without notice, to remove or withhold any content from this website or any linked web page accessible from this website. In any event, we do not assume any responsibility for (the following), including but not limited to any loss or damage resulting from the content of this website, any errors or omissions in the content, or any loss or damage resulting from the use of the content submitted, posted, transmitted or distributed through this website or by email or other means.

8. Intellectual property

This website and the content available on this website are our property or are licensed to us and are protected by the relevant copyright, trademark, service mark, patent, or other proprietary rights and laws. The selection, coordination, arrangement, and enhancement of its content, as well as the copyright in the original content, are owned by our licensors and us. You may not modify, upload, transmit, repost, or distribute any portion of the content, participate in the transfer or sale of, create derivative works based on, or exploit any of the content in whole or in part. You may only download the content expressly permitted for downloading on this website for your personal use. You have no rights to the content on this website unless authorised by the "Terms and Conditions of Use," and you may not use any of the content without our permission.

Unless expressly permitted in writing by us and the copyright owner and/or in compliance with applicable copyright laws, you may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the downloaded data for commercial purposes. If any copyrighted material is permitted to be copied, distributed or published, you agree not to change or delete any author attribution, trademark, disclaimer, or copyright notice. You acknowledge that downloading copyrighted material does not give you any ownership of such material.

You agree that we may use, disclose, adopt, and modify all and any ideas, concepts, know-how, or techniques in any communication you send us through this website ("Feedback") without any compensation to you. By submitting any or all Feedback, you, as a result of this waive and agree to waive all rights and claims to any costs, fees, royalties, charges, and/or other payments associated with our use, disclosure, adoption, and/or modification of any or all of your Feedback.

9. Disclaimer and Limitation of Legal Liability

This website is provided by us on an "as is" and "as available" basis. We or our affiliates make no express or implied representations or warranties about the operation of this website or the accuracy, completeness, or reliability of its content or the products listed on it. To the fullest extent permitted by law, we and our affiliates disclaim all express or implied warranties, including but not limited to the following:

· That this website will be available for use at any time or will be uninterrupted or error-free;

· That the content of this website is accurate, complete, or reliable;

· That the products listed on this website are merchantable, of a certain quality, or fit for any particular purpose;

· That any services provided through this website or through the use of this website will be timely or performed with reasonable care and skill;

· That this website does not infringe any third party intellectual property rights;

· That this website is free of computer viruses or other harmful elements.

Our entire liability and your exclusive remedy for any breach of these terms and conditions of use or for any other cause of action arising from or related to this website or its use shall be limited to the maximum extent permitted by law to the re-performance within the jurisdiction of the courts of the services which were not correctly performed. Our liability is limited to the fullest extent permitted by law. We make no comments, warranties, or guarantees regarding any data, products, or services provided through us or this website. We are not responsible for any transactions between you and any third party. As these terms and conditions of use do not limit any specific exclusions or limitations, we will not be liable for any costs, damages, or legal liability arising from:

· Any alleged or actual product defect;

· Breach or alleged Breach of any express or implied warranties for any such product;

· Any loss or damage to such product;

· Any act or omission of any carrier or other third party, including its employees or agents; or

· Unauthorized use of this website or any breach of security measures related to this website.

It would be best to exercise your judgment by using this website or ordering or obtaining any products. We shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, arising out of or in connection with the use or inability to use this website, even if we have been advised of the possibility of such damages. You expressly agree that we and our affiliates shall not be responsible for any threatening, defamatory, obscene, offensive, or illegal content posted by any other person, or for any infringement of another's rights, including intellectual property rights, by any other person. You expressly agree that we and our affiliates shall have no liability for any third-party use of content posted on this website.

The limitations of liability outlined in these terms and conditions of use shall apply to the maximum extent permitted by applicable law.

We do not represent that this website's information is suitable or available for use in any other jurisdiction. Access to this website from any other jurisdiction where such access would be illegal is prohibited. Persons in other jurisdictions should know and observe any applicable legal requirements. You acknowledge obtaining all necessary approvals regarding your Internet use and online conduct.

We reserve the right to make temporary or permanent modifications or to discontinue all or any part of this website (or any part thereof) from time to time, with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of this website or any part thereof.

10. Participating in Promotional Activities for Advertising Clients

If you participate in any promotional activities for advertising clients of this website, including shipping goods, providing services, and paying related bills, or enter into any transactions with any advertising clients of this website, such participation or transaction, and any other terms, conditions, warranties, or representations involved, are solely between you and the advertising client or other third parties. We and our affiliates shall not be responsible or liable for any part of any advertising transaction or promotion.

11. System Availability

We make no guarantee that this website will be accessible continuously, consecutively, or without interruption. For various reasons, some or all parts of this website may be unexpectedly inaccessible at certain times. These reasons may include system malfunctions and interruptions, Internet access failures, and other technical issues beyond our control, for which we are not responsible. You agree to use this website at your own risk, and we will not be liable for any damage or loss incurred by you due to your inability to use this website for any reason. We reserve the right to take any part or all of this website offline for different reasons, including emergency system maintenance or upgrades. If this occurs, we will notify you as soon as possible.

12. Terminate Use

We reserve the absolute and exclusive discretionary right to terminate, without notice, your access to and use of all or any part of this website and any related services at any time, and we may exercise this right for any reason, including (but not limited to) the following:

· If you violate these Terms and Conditions of Use;

· If we are unable to verify or authenticate any information you provide to us;

· If we believe that your conduct may result in any legal liability of any nature; or

· If we believe that your behaviour is inappropriate or improper.

13. Compensation

You agree that if your violation of these Terms and Conditions of Use and/or your use of this website or services causes us to incur or suffer any loss, claim, legal liability, damages, expenses, costs, and/or other liability (including all legal fees), you will indemnify us and our affiliates, subsidiaries, members, personnel, directors, agents, and employees. We may, as necessary, defend any such claim or action and participate in any negotiations for settlement. No settlement agreement affecting our rights or obligations may be made without our prior written consent. We reserve the exclusive right to defend and control such claims or actions.

14. Legal Guidelines and Jurisdiction

When using this website, you must comply with all applicable laws, regulations, ordinances, and rules (whether or not legally binding) (from now referred to as "Applicable Laws"). You acknowledge that the Internet is a global network and that the jurisdiction where Applicable Laws apply may differ from where you are located. You agree that it is your responsibility to comply with Applicable Laws. We recommend seeking legal advice if you need clarification on the meaning of Applicable Laws.

By accessing this website (other than linked web pages), you agree that any conflict or claim related to this website will be governed by Hong Kong law without regard to any principles of conflicts of law. Still, we reserve the right to bring civil or criminal legal proceedings in any jurisdiction that controls you or your assets. You also agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.

15. No Agency
You and we are independent, and using this website does not create or constitute any agency, partnership, joint venture, trustee, beneficiary, employer-employee, or franchisor-franchisee relationship.

16. Partial Invalidity

Suppose any provision of these Terms and Conditions of Use is found illegal, invalid, or unenforceable under the laws of a particular jurisdiction. In that case, it will not affect the legality, validity, or enforceability of that provision in any other jurisdiction, nor will it affect the legality, validity, or enforceability of any other provision.

17. Exemption

Waiving the enforcement of any provision of these Terms and Conditions of Use does not waive the enforcement of any other provision.

18. Updated Terms

We may update these Terms and Conditions of Use occasionally without notice. The latest revised version of these Terms and Conditions of Use and any related policies we make will be posted on this website as notice. You should check the effective date of the latest version of these Terms and Conditions of Use at the bottom of this page and regularly review these Terms and Conditions of Use and any applicable policies.

If you continue to use this website after the latest version of these Terms and Conditions of Use becomes effective, you agree to and acknowledge and accept the revised terms. You must immediately stop using this website if you do not accept revisions. We reserve the right to interpret these terms and decide on any issues or disputes arising from these Terms and Conditions of Use. As a website user, you agree that all such interpretations and decisions are final and binding on you.

19. General Provisions

To assist your understanding of these Terms and Conditions of Use, except where the context otherwise requires, these Terms and Conditions of Use shall be interpreted according to the following rules:

· Words denoting any gender include all genders;

· Words denoting the singular include the plural and vice versa;

· References to paragraphs are to paragraphs in these Terms and Conditions of Use;

· Definitions in these Terms and Conditions of Use apply equally to both the singular and plural forms of the terms defined;

· Particular rights may be granted or reserved from time to time;

· Headings are for reference purposes only and do not affect the interpretation of these Terms and Conditions of Use as a whole;

· References to any person include their successors, assigns, and authorized transferees;

· If there are any inconsistencies or discrepancies between the English and Chinese versions of these Terms and Conditions of Use, the Chinese version shall prevail.

Last Update Date: 31/12/2021