Terms and Conditions / User Agreement

Welcome to our Website (“www.fulinken.com”) . Accessing this website ("Site") and our mobile application ("Site", "App") constitutes your agreement to the following Terms and Conditions ("Terms", "General Conditions of Use"), as well as our other policies listed in site including but not limit to

- Privacy policy("Terms", "other policies"),
- Delivery and Return("Terms", "other policies").

If you do not agree with these Terms, you may not access the Site. Access and use of this Website presupposes that you have read, understood and agreed to these Terms and Conditions, as well as our other policies.

The Site is operating by fulinken.com. We are a company incorporated in Hong Kong.

We reserve the right to revise these Terms at any time. As such, you should check these Terms periodically. Changes take effect when we post them on the sites. You are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. If you violate any of the terms of these terms you will have consequence including but not limited to access canceled, permanently banned from accessing the Site and other consequence listed in agreement. Your continued use of the sites after such changes have been posted constitutes your acceptance of the changes and your agreement to be bound by the revised policies, in anoyher words, If you access the Site after we have posted changes to these Terms, such access shall constitute your acceptance of those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms were last updated.

If services on the Web site are performed by companies that are part of our company, it refers to the respective companies that are part of the group and the General Conditions of Use govern the relationships between the user and said company.

We remind you that the services that are accessible via the Website, as well as any new uses as compared to current usage, such as, for example, the launching of new services by us shall be subject to the General Conditions of Use. The user recognizes that we assumes no responsibility regarding the availability and use of services.

Privacy Policy

No personal data is required to the user who accesses the website Fulinken.com. If you desire to use the services which require your prior consent, we ask that you carefully read the Privacy Policy that is applicable when the user accesses Fulinken.com and uses its respective services. The Privacy Policy will help you to understand how Fulinken.com collects and uses personal data and for what purposes.

Copy right

You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under Applicable copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Intellectual property infringement

We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act in US or Applicable laws in Hong Kong, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work or other intellectual property that you believe has been infringed;

3. A description of where the material that you claim is infringing is located or identified on the Site;

4. Your name, address, telephone number, and e-mail address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.

By Registered mail:
Copyright Agent
rm 309, 3/F Tak Lung IND BLDG,
179 Wai Yip Street, Kwun Tong
Hong Kong

You also agree to contact us at the same time via the following page, click here.

Trademarks

Fulinken and other marks which may or may not be designated on the Site by a “™” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of our company in Hong Kong and other countries. Our graphics, logos, page headers, button icons, scripts and service names are protectable under applicable trademark and trade dress law. Our trademarks and trade dress may not be used in connection with any product or service that is not authorized by us in writing, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Site access

You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through the “My Account” feature and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under the “My Account” feature or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site.

Disclaimers and limitations of liability

The Site is provided on an “AS IS,” “as available” basis. We do not warrant that your use of the Site will be uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. We make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of Hong Kong. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk. Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. Further, we are not liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost opportunity costs, purchase of replacement product/s, and/or time of assembly) arising or resulting from your receipt of incorrect or incomplete product/s that you received as a result of a purchase on the Site. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries liability is limited to the fullest extent permitted by law. Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details. The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.

Online conduct

You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat, online review, or participation in our Community tab), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property, our users and customers and/or you. We reserve the right, but not the obligation, to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers, our rights or any third party. We assume no liability for any action or inaction with respect to conduct, communication, or Content on the Site.

Your user content posted on the site

For any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “User Content”), sent, transmitted, or uploaded by you on the Site, you agree to grant (i) us and our respective contractors and business partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each user's personal, non-commercial use. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Site, and you expressly waive any privacy rights you may otherwise have to your User Content. You agree to allow us, if we elect in our sole discretion, to email your User Content to other users. You are solely responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third party including: copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates these Terms, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.

Your consent to notices

You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to access the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.

Termination of usage

We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.

Usage by minors

This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading. We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.

Site policies, modification and severability

Please review all our Policies listed or not listed on this page, all of which are incorporated herein by this reference. These incorporated policies also govern your visit to the Site. We reserve the right to make changes to the Site, any incorporated policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

How to order through the site

After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”) or your order would appear in "my order management" section. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”) or indicate the shipment is "sent" in "my order management" section. My order management section refer to our page (in site) that contain your order information after you logged into our system. A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider's inventory.

Product Description

linsmtaic will endeavour to ensure that the Content and the product descriptions on the Site to be accurate and complete as possible. We however do not warrant that Content and product descriptions are accurate, complete, current or error-free.

Prices, availability and errors

Products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced, the quantity or availability of a product may have changed just prior to you placing your order or other errors may be displayed on the product page. We will normally verify prices, availability and confirm there are no errors on the product page as part of our dispatch procedures. Where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error. On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty. On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our inventory, our third party fulfillment provider's inventory, or a Marketplace Seller’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if the product you ordered is unable to ship due to unavailability. We reserve the right to correct any errors, inaccuracies or omissions on a product page. We reserve the right to rescind our acceptance and cancel your order without penalty in the event there is an obvious and unmistakable error on the product page, in our reasonable discretion. If you have already received your order, we will do our best to resolve your concern.

Shipping

The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has “shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping. For certain orders through the Site, you hereby authorize an approved customs broker to act as your agent, and to transact business with Customs and Border Protection to obtain release of merchandise, account for duties and taxes, return merchandise, and electronically submit refund claims on your behalf.

Risk of loss

All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.

Duties and Taxes

In some cases, International duties and taxes will be calculated and paid for at checkout. if there is any extra duties and taxes on your purchased goods, you agree that you have reponsibility to pay for the duties and taxes, not fulinken.

Return Orders

Fulinken will process and inspect returns within 24-48 hours of arrival at its hong kong hub or its US hub, and will promptly issue refunds thereafter. fulinken will cover return shipping costs on damaged, defective, or incorrect items. However, the customer will be responsible for return shipping on any items that are returned out of buyer’s remorse. If customer want to return the goods, they have to return via registered mail, fulinken need the tracking number to identify the goods returned, otherwise the package might remian unidentifiable and refund would not able to process.

International pricing

Pricing of products available for purchase by non Hong Kong customers may vary by country and from our prices for our HK customers, owing to the inclusion of all or a portion of shipping, taxes, service fees, duties and imports factored into the price of the product. Fulinken's Global Checkout will be in U.S. Dollars (USD) only, unless we state other currency in our check out. International customers will be able to take advantage of Fulinken's site-sales and certain coupons.

Distance Selling Regulations

If you are contracting as a consumer, you may cancel an order that we have accepted at any time within fourteen days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products. Please note you must return the product to us and must pay the cost of returning the product under the applicable return policy, unless the product(s) are not those you ordered, in which case we will bear your costs of returning the product(s) in question to us. You will not have the right to cancel an order under these provisions for audio or video recordings or computer software where you (or someone else following delivery to the delivery address you provided) have or has unsealed the package [or, where the product is provided in electronic format, where you or (or someone else following delivery as requested by you) has downloaded the content. T To cancel an order, you must inform us by email, through the My Account link located at the top of each page of the Site or click here. You must also return the product(s) immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

Delivery Times

Your order will be fulfilled by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipping Confirmation, which could in exceptional circumstances be longer than 30 days.

Disclaimers of Warranty and Limitations of Liability

To all international customers only, we warrant to you that, where you buy a product as a consumer, any product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied and will conform with description or sample. Our liability for losses any international customer suffers as a result of us breaking these Terms or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the Terms. Losses are foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted by us. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise. we specifically disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by us shall create a warranty (unless made fraudulently).

Views expressed in any media by the designers, companies or third parties, whose products are sold on the Site or with whom we are associated, are their own. We takes no responsibility for any such views as they do not necessarily reflect ours.

We does not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed.

Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, we will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this Terms and Conditions.

Content

Access and use of Fulinken.com including viewing Web pages and communication with Fulinken constitute activities conducted by our users exclusively for personal use, excluding any commercial, entrepreneurial and professional activities.

Remember that you and you alone are the only person responsible for using Fulinken.com and its content. In fact, Lismatic may not be held responsible for any use of the Website and its related content by users that are not in compliance with the current legal standards.

In particular, you and you alone will be the only person responsible for the communication of incorrect, false, or third-party information and data, without these parties express consent, as well as regards the incorrect use of the said information and data.

The content and materials may contain errors or inaccurancies. we may not, in any case nor for any reason, be held responsible for potential inaccuracies and errors, nor damage caused or derived from user beliefs based on the information obtained from the Website or transmitted by it. The user shall be exclusively responsible for evaluating the information and content available via the Website. The Website and all of its information and published content may be modified at any time without notice.

Since all material will be downloaded or otherwise obtained using a service selected at the user’s risk, all responsibility for possible damage to computer systems or data loss resulting from downloading operations performed by the user, remains the responsibility of the user and may not be attributed to us. We claim no responsibility for any damage resulting from a lack of accessibility to the services on the site or from potential damage caused by viruses, damaged files, errors, omissions, service interruptions, deleted content, problems related to the network, providers or telephone and/or data transmission connections, unauthorized access, data alterations and a lack of and/or the defective functioning of the user’s own electronic equipment.

The user is liable for the protection and correct use of his own personal information, including credentials that provide access to restricted services, as well as any damaging or detrimental consequences that are therein incurred by us or third parties following the incorrect use, loss, or removal of such information.

Warning about content

Fulinken has made every effort to avoid the publication on the Website of content that describes or represents scenes or depictions of physical or psychological violence or which, depending on the sensitivity of the users of Fulinken.com, could be considered injurious to civil beliefs, human rights or human dignity, in all of its forms and expressions. In any case, Fulinken does not guarantee that the Website’s content is appropriate or lawful in other Countries, outside of Hong Kong. Nevertheless, if such content is found to be unlawful or illegal in some countries, we ask that you avoid accessing the site and, at any rate, if you choose to access it, we advise you that your decision regarding how to use the services provided by Fulinken.com will be your exclusive and personal responsibility. The content on the Website may contain inaccuracies or typos. Fulinken may not, in any case and for any reason, be held responsible for potential inaccuracies and errors, nor for damage caused or derived from user beliefs based on the information obtained from the Website or transmitted by it. The user shall be exclusively responsible for evaluating the information and content available via the Website. The Website and all of its information and published content may be modified at any time, without notice. Moreover, Fulinken, does not make guarantees to users regarding malfunctions due to Internet connections. We suggest that you contact your Internet service provider or check that any Internet connection devices and access to Web content are activated correctly, including your Internet browser. Although fulinken will attempt to do everything possible to ensure continuous access to the Website, continuous Internet changes and its content may prevent Fulinken.com from operating without disruptions, interruptions, or irregularities due to the need to update the Website. Fulinken has adopted appropriate technical and organizational measures to safeguard the security of its services on Fulinken.com, the integrity of data traffic and electronic communication stemming from unauthorized use or knowledge, as well as in order to prevent risks of the dispersal, disruption and loss of user data and information, whether or not it is restricted, present on Fulinken.com, or unauthorized access, or access not in compliance with legal standards, for data and information.

Links to other Web sites

This Website may contain links to other sites that do not have any connection to Lismatic. We neither controls nor monitors these Websites or their content. We may not be held responsible for the content of these sites and the rules adopted by them, also regarding your privacy and the processing of your personal data during your navigation operations. Therefore, we ask that you be cautious when accessing these Websites via the links on Fulinken.com and that you carefully read their conditions of use and privacy regulations. Indeed, we remind you that these General Conditions of Use and the Privacy Policy of Fulinken.com are not applicable to Websites managed by someone other than us Fulinken.com provides links to other Web sites only to facilitate its own users in searching and navigation and in order to facilitate hypertext Internet links to other Web sites. The activation of links does not imply any recommendations or suggestions by Fulinken to access and navigate these Websites, nor any guarantee of their content, services or the goods provided or sold to Internet users.

Links to Fulinken.com

Anyone interested in activating links to the Home Page and other publicly accessible Fulinken.com Web pages are asked to contact Fulinken. Contact is necessary to activate the consent request to a hypertext link to Fulinken.com. The activations of links are awarded by Fulinken to the applicant, free of charge and non-exclusively. fulinken has the right to oppose the activation of direct links to its Web site in the event that the applicant who intends to activate the link to Fulinken.com has, in the past, adopted unfair business practices or ones that are not in compliance with use in this sector, or unfair competition actions with regard to fulinken, or if fulinken believes that these behaviours may be adopted in the future, or, finally, if the requesting applicant has, in the past, or it is believed that it may adopt in the future actions to discredit fulinken, its Website or services. In any case, the activation of deep hypertext links (such as deep frames or deep links) to Fulinken.com, or the unauthorized use of meta tags without the consent of Fulinken is prohibited.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Responsibility and compensation limitations

In addition to the indications in other provisions of the General Conditions of Use, Fulinken may not, in any case, be held responsible for any damage resulting from the use or inability to use the Website, content, information or connections to it.

Furthermore, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total amount you paid to us in the 12 months prior to the action giving rise to the liability, and (b) HK$800.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, any legal notices shall served on to our Hong Kong limited company via registered mail, at the address: rm 309, 3/F Tak Lung IND BLDG,179 Wai Yip Street, Kwun Tong, Hong Kong. Notice shall be deemed given ten days after the date of mailing unless otherwise required by law.

Applicable law

If a dispute arises between you and lismatic, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and us agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by registered mail. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

- Law and Forum for Disputes: This Agreement shall be governed in all respects by the laws of Hong Kong. The laws of Hong Kong are applicable to agreements stipulated by Hong Kong residents and completely executed in Hong Kong. You agree that any claim or dispute you may have against linsmtaic must be resolved by a court located in Hong Kong, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Hong Kong for the purpose of litigating all such claims or disputes. Any one party can initiate legal procedure in courts under Hong Kong jurisdiction 30 days after any one party files notice to another party, and when no arbitration is filed within these 30 days

- Arbitration Option: For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than HK$80,000, you or linsmtaic may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, the arbitration can be preceded through the Short Form Arbitration Rules in accordance with the Hong Kong International Arbitration Centre. But in the case when the above mentioned rules disagree with the terms of this Agreement, the arbitration shall be preceded in accordance with this Agreement, or in accordance with the guidance of the arbitrators. Upon written mutual agreement, the arbitration can be proceeded by any party entitled to proceed arbitration. The ruling of the arbitrators can be recorded in the courts of any jurisdictions.

- Improperly Filed Claims: All claims between two parties (excluding compulsory requests when both parties agree that the request shall not contradict or undermine the effects of this Agreement on the binding effects of the arbitration agreement) must be resolved through the agreed dispute resolution mechanism started in this section. In case any party filing a lawsuit in violation of this section, the other party can claim legal and other costs on condition that the claiming party has issued notice to the other party, and that party has not withdrawn its claim.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our sites and services after such the changes become effective constitutes your acceptance of the changes and your agreement to be bound by the Agreement as revised.

The following sections survive any termination of this Agreement: Intellectual property infringement, Responsibility and compensation limitations, Indemnity and Resolution of Disputes.

updated on 2018 Sep 15