TERMS & CONDITIONS

TERMS OF USE

Thank you for visiting the Optical 88 website at www.optical88.com.hk (“Website”). This Website is owned and operated by Optical 88 Limited (“Optical 88”). This Website is provided solely for your non-commercial personal use only and your use of this Website is governed by the terms and conditions (including any amendments made thereto by Optical 88 from time to time) herein contained (“Terms of Use”).

1. Agreement of Terms of Use

1.1 Please read the Terms of Use carefully before using this Website. By proceeding to use this Website or any part of it, this shall be deemed to mean that you have:

(i) read and understood the Terms of Use; and
(ii) accepted the Terms of Use and agreed to be unconditionally bound.

1.2 If you do not accept any of the Terms of Use, please exit this Website immediately.

2. Variation

Optical 88 may revise the Terms of Use or make any changes to this Website at any time without notice to you and without incurring any liability to you whatsoever. You should review the Terms of Use from time to time before your use of this Website because the Terms of Use are binding on you.

3. Promotional Activities and Transactions

3.1 From time to time, Optical 88 may offer and/or co-sponsor contests, games, or other similar promotional activities via this Website at its absolute discretion. Each of these activities shall be governed by specific rules accessible from the site in connection with the promotions.

3.2 This Website is non-transactional and nothing contained herein shall be deemed or implied to be a means by which to conclude a contract with Optical 88.

4. Third-Party Links

4.1 This Website may contain links to other websites or this Website may be linked or framed from other websites, which are operated by third parties. Optical 88 has no control over, and is not responsible for the availability of, or the content and information contained in those websites. You acknowledge and agree that your use of such websites and/or the creation of any link or frame to this Website is/are solely at your own risk. Optical 88 shall not be responsible or liable, whether directly or indirectly, for any damage, loss, cost or expense caused or alleged to be caused by, arising from or in connection with the use of or on reliance on any content, information, goods or services whatsoever available on, from or through these third-party websites. Any queries or comments relating to any third-party websites should be addressed to the operator(s) of those websites directly.

4.2 Optical 88 shall at all times reserve the absolute right to object or disable any link or frame to or from the Website. Optical 88 further reserves the sole right to change the URL of this Website as and when it deems appropriate.

5. Intellectual Property Rights

5.1 This Website and any information available on it including, but not limited to, text, graphics, diagrams, symbols, icons, images, music, source codes, softwares and trademarks (including the collection, arrangement and compilation of such information), are protected by copyright, design, trade mark and other intellectual property rights owned by or licensed to Optical 88, its licensors or other third parties.

5.2 Save where such usage as expressly permitted by statute, you are not allowed to copy, use, adapt, reproduce, publish, upload, download, post, transmit, broadcast, sell, store in any retrieval system, modify, alter, display in public or distribute in whatsoever manner any contents of this Website, whether in whole or in part, for any purpose whatsoever without the prior written approval of Optical 88. When expressly permitted by statute, you may download materials displayed on the Website for non-commercial, personal use only as long as you keep all copyright, trade mark and other proprietary notices intact.

6. Legal use of this Website

You can only use this Website for lawful purposes and cannot use this Website to, in any way, infringe the intellectual property rights of any other person or invade the privacy of other users or acquire their identities or any other personal details, or damage any part of this Website. You have the responsibility to judge whether any of your actions will infringe the rights as described above. You shall not, in any way, change any part of this Website and shall not interfere with the operation of this Website in any way, including but not limited to, transmitting software viruses or transmitting any computer code or message designed to shut down, interfere with or change the operation of this Website.

7. Disclaimer

7.1 The contents of this Website are provided to you on an ‘as is’ and ‘as available’ basis. Optical 88 makes no representations and/or warranties whether express or implied, of any kind whatsoever including but not limited to the following:

(i) the correctness, accuracy, reliability, completeness, quality or timeliness of any contents of this Website;

(ii) that this Website and its server will be secure and free of any computer viruses or other contaminating or harmful properties;

(iii) freedom from any actual, direct, indirect, incidental or consequential loss, destruction, damage, corruption, attack, interference, hacking, or other security intrusions whatsoever;

(iv) that this Website will be free of any errors, omissions or misstatements (whether information or typographical) or such errors, omissions or misstatements will be corrected;

(v) that this Website will satisfy your requirements and expectations;

(vi) that the contents of this Website will not be objectable or offensive to you or any other persons; and

(vii) the continuous, uninterrupted and error-free operation You acknowledge and agree that to the fullest extent permitted by law, Optical 88 disclaims any and all liabilities for any claims for damages, losses, costs and/or expenses arising from or connected with your use of this Website.


7.2 By accessing and using this Website, you understand and agree that your use of this Website is solely at your own risk, that you agree to assume full responsibility and agree that Optical 88 shall not under any circumstances be liable to you or other person whether in tort, contract, statute or otherwise for any direct, indirect, incidental or consequential damage and costs, and for damages for loss of profit or revenue, arising out of any use of, access to, or inability to access or use of this Website.


7.3 Optical 88 has not authorised any person or party to make any warranties, representations or statements regarding any information published on this Website and Optical 88 shall not in any way be bound by any such unauthorised warranties, representations or statements.


8. Liability and Indemnity

By using this Website, you acknowledge and agree to defend, indemnify, and hold Optical 88, its officers, employees, affiliates, agents, business partners and licensors harmless from and against any and all claims, damages, injuries, death, costs and expenses arising from or in relation to your breach of any of the Terms of Use.

9. Personal Data

All personal data are collected and handled strictly in accordance with our Privacy Policy Statement at http://www.optical88.com.hk/privacy_policy.php


10. Cookies

We do not use any cookies on this Website.

11. Underage persons

Optical 88 assumes all users of this Website are of legal age. If you are under 18 or considered as underage by law or do not have the ability to make a contract or are unable to bear any legal responsibility, you will not be allowed to use this Website. If you want to enter and browse this Website, you must seek the approval of your parent or guardian regarding the legal implications of the Terms of Use and the consequences that entail. Optical 88 is not obliged to check your age but if it is found that any user is underage, Optical 88 reserves the right to take action against such user or his/her parent or guardian including refusing your access to this Website.

12. Waiver

You acknowledge that no failure or delay on the part of Optical 88 in exercising any remedies or rights available to it shall operate as waiver thereof, nor shall any single or partial exercise of such remedy or right by Optical 88 preclude any other or further exercise of any other remedy or right available to Optical 88 against you for breach of any of the Terms of Use.

13. Severability

If any of the Terms of Use are deemed invalid, illegal, prohibited, void, or for any reason unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of the Terms of Use.

14. Territory

The information on this Website is directed solely at persons accessing the Website from the Hong Kong Special Administrative Region and the Macao Special Administrative Region. Optical 88 makes no warranties and representation that the information on this Website is appropriate for use and available in any other locations.

15. Governing Law

The Terms of Use are governed by the laws of the Hong Kong Special Administrative Region. Each Party hereby submits to the non-exclusive jurisdiction of Courts of the Hong Kong Special Administrative Region, except that, to the extent you have in any manner violated or threatened to violate Optical 88's intellectual property rights, Optical 88 may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.

16. Prevailing Language

If there are any inconsistencies between the translated version(s) of the Terms of Use and this English version of the Terms of Use, the English version shall prevail.