1. DEFINITIONS
“Goods” mean the goods and/or services agreed to be supplied by the Seller and purchased by the Buyer pursuant to the Contract.
“Buyer” means the person or company whose name appears on the Order.
“Contract” means the contract for the sale and purchase of the Goods as provided in clause 2.
“Order” means the Buyer's purchase order.
“Proprietary Information” means any and all information and intellectual property relating to the Goods Including but not limited to patents, designs, drawings, instruction booklets, specifications, circuit drawings, componentry, trade secrets, trademarks and copyright in such information and intellectual property.
“Seller” means seller of Goods.
2. CONTRACT
2.1 Contract shall be formed by and upon the Buyer and Seller reach a consensus on the price of the Goods. Each Contract shall be governed by these Terms.
3. PRICES
3.1 The prices quoted by the Seller, unless otherwise expressly stated, do not include any packaging, freight, assembly costs, installation costs, costs and charges of third-party suppliers, insurance or any statutory, sales, value-added tax or VAT, goods and services, or other taxes, duties or imposts, all of which may be added to the prices.
3.2 All prices in the Seller's price list from time to time are subject to change without notice.
4. PAYMENT
4.1 The Buyer shall pay the prices due and payable in accordance with the terms of payment as specified in the invoice supplied by the Seller.
4.2 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
(a) require payment in advance of delivery in relation to any Goods not previously delivered; and/or
(b) refuse to make delivery of any undelivered Goods without incurring any liability whatsoever to the Buyer for non-delivery or any delay in delivery.
5. RETURNS AND REFUNDS
5.1 Defective Goods may be returned within 7 days from the date of delivery for an exchange under designated conditions stated in the page ‘購物須知’.
5.2 Returns of non-defective Goods are at the discretion of the Seller and can be subject to a restocking fee.
5.3 Returns of Goods that are furnished in the form of services are at the discretion of the Seller.
6. INTELLECTUAL PROPERTY
6.1 The Buyer acknowledges that all Proprietary Information and all right title and interest therein are the sole property of or licensed by the Seller and the Buyer shall gain no rights, title or interest in the Proprietary Information whatsoever.
7. LIMITATION OF LIABILITY
7.1 To the maximum extent permitted by law and notwithstanding any provision to the contrary in these Terms, the Seller's total liability under each Contract (whether that liability arises under contract, tort, equity, statute or otherwise) for any loss, damage or expense arising out of or in connection with its performance of the Contract, shall be limited to the purchase price paid by the Buyer to the Seller for Goods covered by that Contract and in no event shall the Seller be liable for loss (whether direct or indirect) of profits, opportunity, revenue, goodwill, use, production, contracts, business or anticipated savings, corruption or destruction of data or for any special or consequential loss or damage whatsoever.
8. NOTIFYING OF COPYRIGHT ISSUES
We respect the intellectual property rights of others and expects others to do the same. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Responses may include disabling a user’s ability to transmit and/or store material claimed to be the subject of infringing activity and/or terminating such user’s ability to use the application at all. If we take such measures, we will make a good-faith attempt to contact the user who stored and/or transmitted the content so that he or she may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is our policy to document all notices of alleged infringement on which we act.
8.1 Infringement Notification
If you are a copyright owner or an authorized agent thereof and believe that any of our user has infringed upon your copyrights, you may submit a notification pursuant to the Copyright Act by filing a notice of infringement with our Copyright Agent by providing a written communication by e-mail that sets forth the items specified below.
Please note that you may be liable for damages (including costs and attorneys' fees) if you misrepresent that a product or activity is infringing your copyrights. If you are unsure whether material available online infringes your copyright, we suggest that you first contact an attorney. To file a copyright infringement notification with us, you will need to send a written communication to us with all of the following information in it, using this format:
Include a statement telling us that you have found an item on DUNCANMATHS.COM which you believe infringes your copyright (for example, "I hereby confirm that I believe the item identified below infringes my copyright").
Tell us which country your copyright applies to.
Tell us the title of the item concerned and the full URL for its download page.
Explain to us how the item infringes your copyright.
Identify the type and details of the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
Declare whether your works is created totally new (new work) or built upon existing works (derivative work). For derivative works, please state the original work and explain why the derivative work qualifies for copyright protection, including end-product of skill, creativity, labour or capital. (Note: Without written permission form ALL of the publishing rights holders, and without a valid license agreement, a derivative work itself may be infringing.)
Provide us the proof of originality and ownership of the work.
State whether the work has joint authors or is co-written. If so, please name all the authors and the details of their individual contributions.
Explain the relationship between the creator of the work and the company that the creator works for (if that is indeed the case), and whether commission or contractual assignment is involved.
Tell us your full legal name, your complete address and your email address so that we can get in touch with you.
Tell us the contact information which we can pass on to the submitter of the item concerned, so that they can get in touch with you to resolve your complaint directly.
Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law."
Include the following statement: "I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use."
Sign the notice. Include a scanned physical signature in your email.
Copyright Agent
DUNCANMATHS
9. DEFAULT
9.1 If the Buyer defaults in any payment due to the Seller or breaches any term and condition of the Contract, or if bankruptcy or insolvency proceedings are instituted by or against the Buyer or the Buyer makes or proposes to make any arrangement with its creditors, then the Seller may, at its option, do any or all of the following without prejudice to any other rights the Seller has under the Contract and without notice to the Buyer including but not limited to:
(a) Cease manufacturing and/or withhold any deliveries of the Goods;
(b) Vary the payment terms so that all monies outstanding under the Contract become immediately due and payable on demand; and/or
(c) Terminate performance of the Contract and/or other contracts between the Seller and the Buyer.
9.2 Termination of the Contract shall be without prejudice to any right that may have accrued to the Seller or the Buyer under the Contract.
10. FORCE MAJEURE
10.1 The Seller's obligation under these Terms shall be suspended where the Seller becomes unable to carry out that obligation in whole or in part, because of any one or more of, but not limited to, accidents, breakage or failure of machinery or apparatus, shortage of manufacturing capacity, withdrawal of business license by the Government, war, riots. Terrorism, sabotage and other labour stoppages, epidemic, national disasters such as flood and typhoon, fire affecting the Seller's operations or the operations of the Seller's suppliers, inability to obtain fuel, power, raw materials, container or transportation facilities, acts of God and acts of Government. In any such event, the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
11. GOVERNING LAW AND JURISDICTION
11.1 The Contract is governed by and must be interpreted in all respects in accordance with the laws of Hong Kong SAR. The Contract is not governed by the United Nations Convention on documents for the International Sale of Goods.
11.2 Any claim or dispute arising out of the Contract shall be submitted to the exclusive jurisdiction of the Courts of Hong Kong SAR.
12. AGE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with them. You affirm that in all events you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
13. PRIVATE POLICY
DUNCANMATHS.COM is an online service provider. Users become members by creating an account via our website.
Data Collection and Use
DUNCANMATHS.COM will collect members submitted information such as name and email address in order to authenticate a member and to communicate with that member about our services.
DUNCANMATHS.COM may also choose to log non-personal identifiable data including your IP address, account information, user data, and browser type, from all members and visitors to the site. This data collection is used to assist us in managing the website, track the usage and improve our services. This non-personal identifiable information may be shared with third-parties to provide more relevant services and advertisements to members.
Email addresses are used on the site for the purposes of sending updates, newsletters or general news regarding the website services. With the exception of these uses, a user’s email address is not shared or displayed within users. Users may choose to opt out of receiving emails of this type by clicking a link in the email. By logging in with one's Facebook account, a user agrees that we can post texts, pictures and videos to his page within two months in accordance with Facebook's prevailing policy.
Your Financial Information
DUNCANMATHS.COM is designed to provide a safe and secure environment for making payments. When you subscribe to paid services, our system redirects your browser software on your computer to establish a secure, encrypted connection using an Internet-standard technology called SSL with a third-party payment processing system. This encrypted connection prevents information from being intercepted as it travels the Internet between our systems. You can verify that you are viewing a secure web page by checking your browser’s lock icon — on a secure page the lock will appear in the “locked” position.
Your credit card information is sent through a secure connection to third-party credit card processor and is never retained on our servers.
DUNCANHMATHS.COM is not responsible or liable for the privacy policies and/or practices on other linked sites. When linking to another site a user or visitor should read the privacy policy associated with that site. This privacy policy is only associated with information collected on DUNCANHMATHS.COM.
14. USE OF MATERIALS
All of the contents of this website are protected from copying under international copyright laws and treatises. For personal plans, materials downloaded are for personal use only. For organisation plans, materials downloaded are for use by the members of this organisation only. Any unauthorized copying, alteration, distribution, transmission, display or other use of this material is prohibited. Our services shall not be used for commercial, business and/or revenue generating purposes, illegal, immoral or tortious (including infringement of intellectual property rights) conduct.
15. GENERAL
15.1 If any clause or part of a clause is illegal, unenforceable or invalid by a court, that clause or part is to be treated as removed from these Terms, but the rest of these Terms are not affected.
15.2 The waiver by the Seller of any provision or breach by the Buyer of any provision of the Contract shall not be construed as a waiver of any other provisions or breach of any other provision, subsequent breach of the same or any other provision of the Contract.
15.3 If these Terms are translated into another language and there is any inconsistency between this English version and the translated version, then this English version text shall prevail.
15.4 The Contract cannot be assigned by the Buyer without the prior written consent of the Seller, which is at the Seller’s absolute discretion.
15.5 DUNCANMATHS reserve the right to vary, amend, modify or delete any of the terms and conditions of your agreement or add new terms and conditions to your agreement without any prior notifications.
