Terms of Use

TERMS OF USE (Last Updated: July 2022)

This website and its mobile versions (collectively referred to as "the Site") are owned and operated by caluckspecial.com ("the Company"). These Terms apply to your use of this Site. If you make a purchase through this Site, the Site's Terms of Purchase will apply. Additionally, your use of the Site is also governed by our Privacy Policy.

References to "we," "us," or "our" refer to the Company. The Company offers this Site, including all content available herein, to you conditioned upon your acceptance of these Terms. By continuing to use the Site, you signify your agreement to these Terms. If you do not wish to be bound by these Terms, please do not use the Site.

PLEASE READ THESE TERMS CAREFULLY, ALONG WITH OUR PRIVACY POLICY AND ALL OTHER REFERENCED DOCUMENTS. BY USING THE SITE, YOU AGREE TO ALL TERMS, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS DISCUSSED BELOW.

Accuracy of Information

You certify that all information you provide on the Site or through other means is true, current, and complete. It is your responsibility to keep this information updated.

Privacy Policy

Our policy regarding the collection and use of your personal data can be found at verserose. By providing us with your information (via the Site, email, telephone, etc.), you consent to our use of such information in accordance with this policy.

License and Site Access

All content on the Site (including text, designs, graphics, logos, images, audio clips, downloads, code, etc.) is the property of the Company, its suppliers, or its partners. It is protected by copyright, trademark, and other applicable laws.

The Company grants you a limited license to access and use the Site for your personal, non-commercial use. You may copy, download, and print content for personal, non-commercial use, provided that you do not remove any copyright or trademark notices. The Company or its partners retain all rights to the content. Any other use is strictly prohibited—for example:

• Downloading or copying the content to compete with the Company or to assist a third party;
• Caching, creating unauthorized links to, or framing the content;
• Modifying, distributing, transmitting, publishing, uploading, creating derivative works from, reselling, etc., the content;
• Transmitting viruses or malicious code that may damage computer systems;
• Using software or tools to monitor or harvest data (such as "scraping" or bots);
• Overloading or damaging the Company’s infrastructure.

It is your responsibility to ensure you have access to the Site (including covering any potential costs, such as those charged by your internet service provider). You must provide your own equipment. You may not attempt to bypass any security measures. Any unauthorized access automatically terminates the license granted to you by the Company.

The Company reserves the right to refuse or cancel your registration, remove you from the Site, or restrict your access at any time, without prior notice. The Company does not warrant that your use of the Site will not infringe upon the rights of third parties. The termination of your access does not extinguish any other rights held by the Company.

**Content You Post**

You are solely responsible for everything you post, including its legality, reliability, originality, copyright status, etc. You may not post any content that is confidential; that infringes upon privacy rights, publicity rights, or intellectual property rights; or that is illegal, harmful, threatening, false, fraudulent, defamatory, obscene, vulgar, offensive, abusive, harassing, racist, etc. You may not post anything that would encourage criminal activity or violate any applicable law.

You must not use false email addresses, impersonate others, or misrepresent the origin of any content you post.

For any content you post (with the exception of your personal information, which is governed by our Privacy Policy), you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, and non-exclusive license to use, copy, distribute, display, modify, create derivative works from, and sublicense such content. This content will not be treated as confidential. You represent and warrant that: (i) you possess all necessary rights to grant us this license; and (ii) the Company may use your content without seeking permission from any third party and without attributing the content to you.

**Links**

The Site may contain links to other websites. These links are provided solely for your convenience. We are not responsible for the content, advertisements, products, or other materials found on such external sites. The inclusion of a link does not constitute an endorsement. Separate terms and conditions and privacy policies may apply to these external sites. The Company is not liable for any damages related to the use of these sites.

Warranties (or rather, absence of warranties)

Unless expressly stated otherwise, and to the fullest extent permitted by law, the Company provides NO warranties, whether express or implied, regarding anything whatsoever—including merchantability, fitness for a particular purpose, non-infringement, etc. You use the Site at your own risk. The Site and all its content are provided "as is" and "as available." Access may be restricted or terminated at any time. We do not warrant that access will be uninterrupted, error-free, secure, or virus-free, nor do we warrant that the information provided is accurate, useful, complete, etc. If you download any content, you do so at your own risk. You are solely responsible for any damage to your computer system or loss of data. No advice obtained from the Site shall create any warranty.

In certain jurisdictions, the law does not permit the exclusion of warranties; therefore, these exclusions may not apply to you.

Limitation of Liability

You acknowledge that you are solely responsible for your use of the Site, your communications with third parties, and your purchases. You acknowledge that your information may not be secure and could be intercepted. You use the Site free of charge and at your own risk. To the fullest extent permitted by law (including consumer protection laws), neither the Company, nor its suppliers, nor its partners shall be liable for any direct, indirect, punitive, exemplary, incidental, special, or other damages related to: (1) the Site or any linked site; (2) our actions or inactions in response to your messages; (3) products or services purchased (including damages related to their use); (4) the inability to use the Site; (5) the modification or deletion of your content; (6) any use of the Site, even if we have been advised of the risks. It is your responsibility to evaluate the relevance of any reviews, advice, or content. This limitation applies, in particular, to outages, errors, viruses, data loss, loss of profits, unauthorized access, etc. You acknowledge that we are not liable for the defamatory, offensive, or illegal conduct of other users. If you encounter a problem, your sole remedy is to discontinue using the Site.

You and we agree that any legal action must be commenced within one year after the cause of action arises. In some jurisdictions, this limitation may not apply.

Indemnification

You agree to defend and indemnify us (the Company and our partners) against all fines, penalties, losses, damages, legal fees, etc., arising from: (1) your violation of these Terms; (2) your violation of the Purchase Terms; (3) fraud, willful misconduct, or gross negligence on your part; or (4) your violation of any law or the rights of any third party. We shall have control over the defense of any such claim. You may not settle any claim without our prior written consent. Electronic Communications

When you use the Site or send us emails, you are communicating with us electronically. You agree to receive communications from us electronically. We will send you emails or post notices on the Site. You agree that these electronic communications satisfy any legal requirement that such communications be in writing. Our notices are deemed received when sent to the email address you have provided to us.

Postings on the Site

The Site may allow for the posting of messages. We are under no obligation to review them, and we are not responsible for their content. We may, at our sole discretion, monitor, decline to publish, or remove such postings.

Trademarks and Copyrights

The trademarks, logos, etc., displayed on the Site belong to the Company, its suppliers, or other third parties. You are not authorized to use them without prior written permission. You may not use framing techniques or hidden text (such as meta tags) without our express written consent. All content on the Site is protected by copyright, trademark, and other intellectual property laws.

Claims of Infringement

The Company respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your rights have otherwise been violated, please contact our designated Copyright Agent. Please provide us with the following information: your electronic or physical signature; a description of the copyrighted work that you claim has been infringed; the location of the allegedly infringing material on our Site; your contact information; a statement that you have a good-faith belief that the disputed use is not authorized; and a statement, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Contact: service@caluckspecial.com

We may change this contact information without prior notice.

Survival of Terms

Even after the termination of these Terms and Conditions, certain obligations shall survive if they are intended to remain in effect. Force Majeure

The Company shall not be held liable if it is unable to fulfill its obligations due to events beyond its control, such as natural disasters, war, terrorism, riots, quarantine, strikes, etc.

Risk of Loss

Products purchased on the Site are delivered by a carrier. The risk of loss and title to the products pass to you upon delivery of the package to the carrier.

Dispute Resolution

By using the Site, you agree that any dispute shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules. The governing law shall be that of Hong Kong (SAR, China). The place of arbitration shall be Hong Kong. There shall be a single arbitrator, appointed by the Hong Kong International Arbitration Centre (HKIAC). The arbitration shall be conducted in English.

Miscellaneous

If any provision of these terms is found to be invalid, an attempt shall be made to give effect to the parties' intentions, and the remainder of the terms shall remain in full force and effect. Section headings are included for convenience only. These terms are governed by the laws of Hong Kong. For any matters not subject to arbitration, you agree to submit to the personal jurisdiction of the courts of Hong Kong.

Failure to act with respect to a breach does not constitute a waiver of the right to act with respect to subsequent breaches. If the content of the Site is unlawful in your jurisdiction, do not use the Site. It is your responsibility to know and comply with your local laws.

We do not guarantee that we will take action against every breach. There are no third-party beneficiaries to these terms.

Changes to These Terms

We may modify, add, or remove any part of these terms at any time by posting a new version on the Site. You may not modify these terms yourself. It is your responsibility to check for changes regularly. Your continued use of the Site following any changes constitutes your acceptance of those changes.

Assignment

You may not assign these terms without our prior written consent. Any unauthorized attempt to assign these terms is null and void. We may assign these terms to a third party at our sole discretion.

Entire Agreement and Admissibility

These terms constitute the entire agreement between you and us regarding the subject matter hereof. They supersede all prior communications. Additional terms may apply to certain services or products. In the event of a conflict, the additional terms shall prevail, unless otherwise stated. A printed version of these Terms and Conditions is admissible in judicial or administrative proceedings 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

For any questions, please contact our Legal Department via email at: service@caluckspecial.com.