Terms and conditions
1. Acknowledgements and Acceptance of Terms
MISSBISH Limited (“we”, “us”, “our” or “MISSBISH”) is the owner and operator of missbish.com (the “Website”). The Website is designed to provide assistance and information to users (“User(s)”, “you”), including but are not limited to browsers, vendors, customers, merchants, and/or contributors of content (the “Services”).
All contents, information, products and services available on the Website is the property of MISSBISH. This Website is offered to you conditioned on your acceptance without modification of any and all of the following terms, conditions, and notices set forth below, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms”).
By (i) accessing or using this Website or the Services in any manner; or (ii) paying for a third person to use or access the Website or the Services, you agree to be bound by these Terms and represent that you have read and understood the Terms. Please read the Terms carefully, as it contains information concerning your legal rights and limitations on these rights, and a section regarding applicable law and jurisdiction of disputes. If you do not accept these Terms, you are not authorized/permitted to use this Website and/or the Services and shall immediately cease usage of this Website.
You shall not use the Website if (i) you breach the terms and conditions set out herein; (ii) your permission to use the Website has been suspended or terminated by MISSBISH; or (iii) the terms and conditions set out herein have been terminated. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
We may change or otherwise modify these Terms in the future. The changed or modified Terms will become effective immediately upon public posting on the Website. You understand and agree that your continued access or use of the Website after such change or modification constitutes your acceptance of the changed or modified Terms. You agree to periodically review the most current version of these Terms as posted on the Website.
2. Description of Services
MISSBISH is an editorial platform focusing on strong, female-driven content and an e-commerce platform that sells fashion products. The Services include, but are not limited to, assisting Users in gathering information and updates on the most recent fashion trends, allowing Users to post opinions of related issues and engage in interactive discussion forums, searching for clothing products, keeping track of the User’s favorite clothing products and purchasing clothing products.
Images may be included as part of our editors posts on the Website of which may include as follows:
Images provided to our editors;
Publicly released image;
Images provided by Users are implied that the Users provided explicit authorization for us to use the images and that the Users own the copyright of the images; and
Images publicly posted on hosting websites with appropriate licenses granted.
If the Website receives any notice that an image is inappropriate, MISSBISH will reserve the right to remove the image.
If any violation of copyright towards an image or text MISSBISH have published is reported, MISSBISH will immediately address your concerns. However, MISSBISH will also reserve the right to not remove the image if the image falls into one of the above listed categories.
4. Editorial Control
MISSBISH reserves the right to have full editorial control over our services, including the right to monitor or review any or all the materials posted by any User on the Website, to make changes, to refuse to post or to remove any information or materials that MISSBISH believe is objectionable invalidation with the Terms & Conditions. MISSBISH is authorized to remove any review or comment at any time for any reason without prior notice.
MISSBISH may also impose limits on certain features and restrict your access to part or the entire Website if the Terms & Conditions are breached. Furthermore, it is acknowledged and agreed that, any actions taken by MISSBISH to improve the user experience of the Website, including but not limited to monitoring and/or reviewing all materials and subsequently editing, removing or refusing to post such materials, shall not be deemed to create any duty towards you nor shall it be deemed to bear any liability against MISSBISH.
5. Disclaimer of Liabilities
MISSBISH does not represent, warrant or promise (whether expressly or impliedly) that any information is or remains accurate, complete and up-to-date, or fit or suitable for any purpose at any time. MISSBISH shall not be held responsible for the quality or the accuracy of information provided by Users on the Website as such information is provided for convenience and information purposes only. Any reliance you place on the information on the Website is at your own risk.
The Website, its contents, and the Services are provided on an “as is” basis without warranties of any kind, express or implied. To the fullest extent possible pursuant to the applicable law, we disclaim all warranties, express or implied, with respect to the Website, its contents, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. We also do not endorse any opinion, recommendation, or advice given by Users.
You also acknowledge that the Website makes no warranty or representation as to (i) the accuracy, timeliness, completeness or correctness of any products and/or Services; (ii) the functions contained in, or the results obtained from, any products and/or Services; (iii) any products being secured, uninterrupted or error free, or that all errors in a products and/or Services will be corrected; or (iv) whether any products and/or Services will meet the Users’ requirements. Notwithstanding the above, MISSBISH may modify the description to any materials or products and/or Services, at any time (including after you have submitted your order) without prior notice, including modifications to product descriptions, pricing and availability. MISSBISH reserves the right to refuse or cancel any such orders placed even if the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled subsequently, MISSBISH shall issue a credit to your credit card account in the amount of the said purchase. MISSBISH shall not be liable for any bank fees, administration fees or any other fees incurred in relation to such transaction.
Under any circumstances, MISSBISH shall not be liable for any direct, indirect, special, incidental or consequential damages, including and without limitation to, loss of data or profit, arising out of the use of or reliance on, or the inability to use, the Website, its contents, the Services, advice, products, applications, tools or any portion thereof, or for any mistakes, defamation, libel, slander, omissions, falsehoods, or profanity contained therewith.
By accepting these Terms, you agree not to hold MISSBISH liable for any instruction, advice or services delivered which originated from the Website, or in connection with the contents of the Website, the Services or any portion thereof. You further agree that MISSBISH is not responsible for any damages to any party as a result of using the Services provided. MISSBISH reserves the right but is under no obligation to screen the content that is posted on the Website for any abusive, false, unreliable or other unacceptable materials.
MISSBISH shall not be held responsible for the quality of the blog entries, comments, reviews or articles posted on the Website. We do not endorse any opinion, recommendation, or advice posted on the Website. Users acknowledge that MISSBISH shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on the content, advises, products, Services or other materials available on or through the Website; or for any mistakes, defamation, libel, slander, omissions, falsehoods, or profanity contained therein.
MISSBISH does not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. MISSBISH does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. Since MISSBISH may from time to time perform regular maintenance and upgrades, the Website may periodically be unavailable. We reserve the sole right to discontinue the Website, including any of the Website’s features, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise our right to do so.
Occasionally there may be information on the Website or in the Services that contains typographical errors, inaccuracies or omissions in relation to the products’ descriptions, pricing, promotions, offers, product shipping charges, transmit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update said information or cancel any placed orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). MISSBISH undertakes no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
6. Product Availability
Typically, we feature products that have been carefully selected for sale. Once an item is sold out, it will be taken off the Website at the earliest opportunity and may not be available again. Prices of products may change from time to time without prior notice.
All items are subject to availability. As there is a delay between the time when your order is placed and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes “out of stock” before we accept the order, we will notify you as soon as practicable and you will not be charged for the out-of-stock items. If, due to unforeseeable circumstances or supply difficulties, it is necessary for MISSBISH to substitute an item, the item will be of equal value than that which it replaces.
7. Products or Services
Certain products or Services may be available exclusively online through the Website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
8. Online Community Policy
In general, no registration is required to browse the Website. However, in order to access certain features of the Website, Users will be required to create an account and register as a member of the Website. These features include but are not limited to private messaging and blog commenting.
When Users post comments or other materials on the Website, the Users agree to the following:
Must have the right to submit any material posted;
If non-original content is included in the posting, the User must obtain permission from the content owner and retain all copyright on that particular material;
Must not post anything that is defamatory, slanderous, obscene, pornographic, violent, hateful, racist, harassing, fraudulent or otherwise illegal and/ or objectionable. MISSBISH has the sole right to decide the appropriateness of the contents of the post;
Must not violate or infringe any personal or proprietary rights of any third party;
Must not engage in unsolicited or unauthorized marketing, or promotion, or any other form of solicitation on the Website;
Must not post any links to contents which would, if posted on the Website, violate the Terms & Conditions;
May not use any material from the Website for personal use, or post any material, which could cause a false or misleading statement to, or imply a false endorsement by MISSBISH;
Must not collect any personal information off of the Website, including but not limited to phone numbers, names, home addresses, IP addresses, email addresses and social media profiles.
May not spam the Website with any embedded graphics, photographs, images, video, audio, chain letters or other material that MISSBISH may deem to be junk or spam; and
Must not provide any content that contains viruses, or other computing programs which are intended to damage, interfere with the Website.
By submitting any content, you hereby grant MISSBISH a worldwide, non-exclusive, royalty-free, perpetual, irrevocable and transferable license to use, reproduce, distribute, perform and display the content in any media formats and through any media channels now or hereafter known.
9. Eligibility to Purchase
When placing an order on MISSBISH, you will need to provide your name, email address, mailing address, date of birth, billing information, contact methods and other requested information as indicated on the Website.
In order to place orders with MISSBISH, you must also provide personal and payment details that are warranted by you to be both valid and accurate.
10. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
11. Return Policy
In the event that you need to return your purchase, you have 14 days from receiving your order to arrange your exchange or return, book your complimentary collection and send your items back to us. Please make sure your items are returned new, unused and with all MISSBISH and designer garment tags still attached. Returns that do not meet our policy will not be accepted and will be sent back to you.
Please contact our customer care team by emailing email@example.com if you have any further questions.
12. Prohibited Activities
The content and information on this Website (including, but not limited to, messages, data, information, text, sound, photos, graphics, video, maps, icons, software, code and/or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website. Additionally, Users and agree not to:-
use the Website for any unlawful purpose;
solicit others to perform or participate in any unlawful acts;
violate any international, federal, provincial or state regulations, rules, laws or local ordinances;
infringe upon or violate our intellectual property rights or the intellectual property rights of others;
harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
submit false or misleading information;
upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
collect or track the personal information of others;
spam, phish, pharm, pretext, spider, crawl or scrape;
use the Website for any obscene or immoral purpose;
access, monitor or copy any content or information of the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of the Website for any purpose without our express written permission;
"frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization; or
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by MISSBISH in connection with the Website or the Services.
Users also agree not to use the Website or its contents for any commercial purpose.
MISSBISH reserves the right to terminate your use of the Service for violating any of the prohibited uses.
14. Use of the Website
As a condition of Users’ use of this Website, Users warrant as follows:-
all information supplied by Users on this Website is true, accurate, current and complete;
if Users register a MISSBISH account, they shall safeguard their account information and shall supervise and be completely responsible for any use of such account by anyone other than the User;
you possess the legal authority to enter into this Agreement and to use this Website in accordance with these Terms herein.
MISSBISH retains the right at our sole discretion to deny access to anyone to this Website and the Services, at any time and for any reason, including but not limited to the violation of the Terms.
You are not eligible to use our Website unless you have the legal capacity to enter into a binding contract. If any other individual that is not the User conducts any interactions on our Website through the means of an User’s account, this would still render the User liable. If the User authorizes a third person to use the account, the User agrees to bring these Terms to his or her attention before he or she uses the account.
Copying, transmitting, reproducing, replicating, posting or redistributing of the Website, its contents or any portion thereof is strictly prohibited without the prior written permission from MISSBISH. To request permission, you may contact MISSBISH at firstname.lastname@example.org.
Users of the Website will not incur any charges for using the Website in accordance with these Terms. However, the Website contains links to third-party websites which are operated and owned by independent service providers or retailers. Such third-parties may charge a fee for the use of certain content or services provided on their website. Therefore, you should make any and all investigation you feel necessary or appropriate prior to proceeding with any transaction with any third party to determine whether a charge will be incurred.
15. Reviews, Comments and Use of Other Interactive Areas
By submitting any content to the Website, by email, postings reviews or comments on this Website or otherwise, including any reviews, photos, videos, questions, comments, reviews, suggestions, ideas or the like contained in any submissions (collectively, the “Submission”), you grant MISSBISH and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose.
You acknowledge that MISSBISH may choose to provide attribution of your comments or reviews at our sole discretion. You further grant MISSBISH the right to pursue at law any person or entity that violates your or MISSBISH’s rights in the Submission by a breach of these Terms. You acknowledge and agree that any Submission you make on the Website are non-confidential and non-proprietary.
MISSBISH does not edit the User’s messages posted to or distributed on the Website including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such user messages. MISSBISH nevertheless reserves the right for any reason in its sole discretion to review the submissions before posting on the Website or remove any user messages and/or site content without notice to the Users.
The Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post fashion articles or other content, messages, materials or other items on this Website (the "Interactive Areas"). If MISSBISH provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using the Website, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
Any message, data, information, text, music, sound, photos, graphics, code or any other material (collectively "Content") that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law;
Content that provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Content including and without limitation to photos that could be used to identify the identity of any children;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including MISSBISH;
Unsolicited promotions, mass mailings or "spamming", transmission of "junk mail", "chain letters", political campaigning, advertising, contests, raffles, or solicitations;
Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, and credit card numbers;
Restricted content on hidden pages including and without limitation to images which are only accessible by providing a password;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
Content or links to content that, in the sole judgment of MISSBISH, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose MISSBISH or its affiliates or its Users to any harm or liability of any type.
MISSBISH provides a platform for Users to obtain information. MISSBISH does not vet the reviews by Users but may delete reviews should valid complaints or requests be made in respect of a comment. MISSBISH takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is MISSBISH liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, MISSBISH is not liable for any statements, representations or Content provided by its Users in any public forum, personal home page or other Interactive Area. Although MISSBISH has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, MISSBISH reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that: -
you do not require any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
you have no objection to the publication, use, modification, deletion and exploitation of the Content by MISSBISH or its licensees, successors and assigns;
you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
you forever release MISSBISH, and its licensees, successors and assigns, from any claims that you could otherwise assert against MISSBISH by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates the provisions of these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.
16. Links to Third-Party Sites
The Website may contain hyperlinks or references to external third party websites which are not affiliated to us. Any such hyperlinks or references are provided for your convenience and information only. We have no control over third party websites and accept no responsibility or liability for any content, material or information contained in them. MISSBISH is not responsible for any content on external websites and the promotions or advertisements by third party providers who advertise on our website. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any third-party sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein. Your use of a third party site may however, be governed by the terms and conditions of that third party site. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
17. Security and Password
You are solely responsible for maintaining the confidentiality of your account(s), username(s) and password(s) and for all activities and liabilities associated with or occurring under your account(s), username(s) and password(s). You must notify us immediately of any unauthorized use of your account(s), username(s) or password(s) and any other breach of security, and ensure that you log out of your account(s) at the end of each session. You must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. We reserve the right to immediately terminate your account if you transfer or share your account.
MISSBISH is not responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account(s), username(s) or password(s), either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account(s), username(s) or password(s). You may not transfer your account(s), username(s) or password(s) to another person, and you may not use anyone else's account(s), username(s) or password(s) at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse.
18. Copyright, Trademark and Intellectual Property
MISSBISH is not responsible for any content on websites operated by parties other than MISSBISH. MISSBISH, the MISSBISH logo, and all other product or service names or slogans displayed on this Website, registered or unregistered, are protected, without limitation, pursuant to Hong Kong and foreign trademark laws. Such trademarks must not be copied, imitated or used, in whole or in part, without the prior written permission of MISSBISH or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, and the service mark, trademark and/or trade dress of MISSBISH may not be copied, imitated or used, in whole or in part, without the prior written permission of MISSBISH. All other trademarks, registered trademarks, product names, company names or logos, images, illustrations, designs, icons, photographs, written and other materials that are part of the Website are intellectual property owned or controlled by MISSBISH or by third party. MISSBISH, or as otherwise stated, has intellectual property rights over all patents, copyrights, trademarks, design rights, database rights, service marks, trade secrets, rights in know-how and confidential information, image rights and any other intellectual property rights (whether registered or unregistered) and all applications for the same.
MISSBISH operates on a "notice and takedown" basis. If you have any complaints or objections to material or content including user Messages posted on the Website, or if you believe that material or content posted on the Website infringes a copyright that you hold, please contact us immediately at email@example.com. Once we receive such notice, we will make reasonable endeavors to remove illegal content within a reasonable time.
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any user content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Website and Services, the Company content or any portion thereof, your connection to the Website and Services, or your breach of these Terms. MISSBISH may transfer its exclusive rights to control the defense or settlement of any claims, demands or actions to the relevant third party.
MISSBISH may change, add or delete these Terms or any portion thereof from time to time where we deem it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of the Website. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions.
MISSBISH may change, suspend or discontinue any aspect of the MISSBISH service at any time, including availability of any feature, database or content. MISSBISH may also impose limits on certain features and services or restrict your access to all or parts of the Website or any other websites without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms or of any law or regulation and where it decides to discontinue providing a service.
Your continued use of the Website now, or following the posting of any such notice of any changes will indicate acceptance by you of such modifications.
21. Governing Law and Dispute Resolutions
These Terms and any dispute or matter arising from or incidental to the use of the Services shall be governed by and construed in accordance with the laws of the Hong Kong SAR.
Any dispute, controversy, difference or claim arising out of or relating to this Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The arbitration proceedings shall be conducted in English.
In the event that an arbitrator or the tribunal decides that any part of these Terms is invalid or unenforceable, the other parts of the Terms shall still apply.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may also terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
23. General Provisions
You agree that no joint venture, agency, partnership, or employment relationship exists between you and MISSBISH and/or affiliates as a result of these Terms or use of this Website.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
These Terms (and any other terms and conditions referenced herein) constitutes the entire agreement between you and MISSBISH with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and MISSBISH with respect to this Website. A printed version of these Terms and of any notice given in electronic form shall 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.
The Website may not always be updated on a periodic or regular basis and consequently is not required to register as editorial product under any relevant law.
Any rights not expressly granted herein are reserved.
24. Contest Disclaimer
In the event that a contest is hosted by MISSBISH on the Website, the maximum number of entries per person allowed during a contest period is as the contest has specified. MISSBISH will disqualify any User who attempts to submit more than the allowed number of entries for the contest. MISSBISH is not responsible for any disqualified entries. By participating in a contest, all participants agree to comply with the stated official contest rules.
The winner(s) of a contest will be selected from the qualifying entries and will be contacted via email. Winner(s) must contact the person detailed in the email for confirmation and their full name will appear on the Website. In the event that the selected winner(s) does not respond within the specified time period, another qualifying entry may be selected as replacement. Please note that MISSBISH is not responsible for any payment or charges due which may have been incurred by the contest winner(s).
All participants acknowledge and agree to release and discharge MISSBISH, and its officers, board and employees, jointly and severally from any claim and demands for, upon or by reason of any damage, loss or injury including death, which hereafter may be sustained by participating in such contest. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof including death.
The participants also acknowledge and agree that their participation in a contest is not treated as an admission or acceptance of any liability and assumption of responsibility by MISSBISH for all damages and expenses incurred as a result of any alleged act of the contest participants.
Prizes are non-transferable and cannot be exchanged for cash.
MISSBISH reserves the right to offer an alternative prize if any prize is not available.
25. Other Terms and Conditions
Additional terms and conditions and policies (collectively, the “Other Terms and Conditions”) may apply to purchases of products and services through the Website and to specific portions, features or services (such as contests and other promotions) of or offered through the Website. Without limiting the generality of the foregoing, the following are links to certain Other Terms and Conditions:
For Shipping & Delivery Terms: www.missbish.com/shipping-and-delivery
For Payment & Security Terms: www.missbish.com/payment-and-security
For Return & Exchange Terms: www.missbish.com/return-and-exchange
MISSBISH reserves the right, at its sole discretion, to change, add or remove portions of the Other Terms and Conditions at any time without prior notice. Any revised version will be effective immediately upon posting on the Website. It is your responsibility to check the Other Terms and Conditions each time before using the Website. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. You may not change, supplement or amend these Terms in any manner.
26. Contact Information
Except as explicitly noted on this Website, the services available through this Website are offered by MISSBISH, a company incorporated in Hong Kong SAR. If you notice that any user is violating these Terms, please call us during business hours at 09:00am through 05:00pm or email us at firstname.lastname@example.org