Terms of Use

This website and/or its mobile sites and applications (the "Site") are owned and operated by novaminceur.com (the "Company"). These Terms of Use apply to your use of this Site. Purchases of products or services through the Site are also governed by the Terms of Purchase posted on the relevant Company website and incorporated here by reference. Your use of the Site is also governed by the Privacy Notice, incorporated by reference.

Throughout the Site, "we", "us" and "our" refer to the Company. The Company offers this Site, including its information, tools and services, subject to your acceptance of these Terms of Use. Continued use of the Site constitutes your agreement to them. If you do not wish to be bound by these Terms, please do not use the Site.

PLEASE READ THESE TERMS OF USE, TOGETHER WITH THE PRIVACY NOTICE AND THE OTHER POLICIES OR AGREEMENTS REFERENCED HERE, CAREFULLY BEFORE USING THE SITE. BY USING THE SITE YOU ACCEPT THESE TERMS, INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER REFERRED TO IN THE DISPUTE RESOLUTION SECTION BELOW.

Data Integrity

You represent that all information, data and other materials you provide on the Site or to the Company by other means are true, accurate, current and complete. You are responsible for updating and correcting information you have provided, where appropriate.

Privacy Notice and Access to the Site

The Privacy Notice governing the collection, use, disclosure and other processing of personal information on the Site is available at www.novaminceur.com. You consent to information we obtain about you through the Site, email, telephone or otherwise being collected, stored and processed in accordance with that Notice.

You are responsible for obtaining access to the Site. This access may involve third-party costs, such as internet service provider or airtime charges. You must supply and are responsible for any equipment needed to access the Site. You may not circumvent measures implemented to prevent or restrict access. Any unauthorised access by you, including access or use involving a Site account or device, terminates any authorisation or licence granted by the Company.

The Company may reject or cancel registration, remove any person from the Site, prohibit any person from using the Site for any reason, or restrict or terminate access or use at any time without notice. The Company does not warrant that your use of content on the Site will not infringe rights of third parties unaffiliated with the Company. Termination does not waive or affect any other right or remedy available to the Company at law or in equity.

Content You Submit

You acknowledge that you are responsible for any content you submit through the Site, including its legality, reliability, appropriateness, originality and copyright. You must not upload, distribute or publish material that is confidential or proprietary; infringes privacy, publicity or intellectual property rights; or is unlawful, harmful, threatening, false, fraudulent, defamatory, obscene, vulgar, abusive, harassing, hateful, racially or ethnically offensive or otherwise objectionable. This includes content encouraging criminal conduct, infringing another party's rights, giving rise to civil liability or violating applicable law.

You may not use a false email address or other identifying information, impersonate a person or entity, or mislead others about the origin of content.

For content you submit, post, upload, display or otherwise make available through the Site (excluding personal information governed by the Privacy Notice), you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free and non-exclusive licence to use, copy, distribute, display publicly, modify, create derivative works from and sublicense all or part of the content in any media. Such content will not be treated as confidential.

You represent, warrant and agree that (i) your content contains nothing (including text, images, music or videos) for which you lack the full right to grant this licence, and (ii) the Company is free to exercise its rights in or use that content without obtaining third-party permission or a licence and without referring to you or anyone else.

Links

The Site may contain links to websites or resources operated by third parties unaffiliated with the Company. These are provided for convenience and to offer additional access to information. We are not responsible for content, advertising, products or other materials on those websites or resources. Providing a link does not imply endorsement. Linked sites may have different terms and privacy policies. The Company is not directly or indirectly responsible for damages, losses or liabilities caused, or alleged to be caused, by using or relying on their content, products or services.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, TERMS OF SERVICE OR TERMS OF PURCHASE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AND PROVIDES NO OTHER CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF CONTENT ON THE SITES OR PRODUCTS OR SERVICES PURCHASED THROUGH THE COMPANY SITES, OR IMPLIED WARRANTIES ARISING FROM A COURSE OF PERFORMANCE OR DEALING.

YOU USE THE SITE AT YOUR OWN RISK. THE SITE AND MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PART AT ANY TIME. THE COMPANY DISCLAIMS WARRANTIES THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE WILL BE SECURE, THAT THE SITE OR THE SERVER MAKING IT AVAILABLE WILL BE FREE FROM VIRUSES, OR THAT THE INFORMATION WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR COMPLETE. IF YOU DOWNLOAD CONTENT, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND ARE SOLELY RESPONSIBLE FOR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA ARISING FROM THE DOWNLOAD. NO ADVICE OR INFORMATION OBTAINED THROUGH THE SITE CREATES A WARRANTY.

In some jurisdictions, the law may not permit exclusions of warranties, so the preceding disclaimer may not apply to you.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (THE “COMPANY PARTIES”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE COMPANY SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY); (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You will indemnify, defend and hold harmless the Company Parties against all fines, penalties, liabilities, losses and other damages of any kind, including solicitors' and experts' fees, incurred by them in connection with claims arising from (1) your breach of these Terms of Use; (2) your breach of the Terms of Purchase; (4) fraud committed by you, intentional misconduct or gross negligence; or (5) your breach of applicable law or a third party's rights. The Company Parties will control the defence of claims to which this indemnity applies. In any event, you may not settle a claim without their prior written consent.

Electronic Communications

When you use the Site or email the Company, you communicate electronically. You agree to receive electronically all communications related to your use of the Site. The Company will communicate with you by email or by posting notices on the Site. You agree that agreements, notices, disclosures and other communications provided electronically satisfy legal requirements that they be in writing. Notices intended for a customer are deemed delivered and effective when sent to the email address provided by that customer on any Company Site.

Posts on the Site

The Site may allow users to post messages. The Company is not obliged to review content, including messages, posted on or sent through the Site by users and takes no responsibility for such content. The Company may monitor, refuse to post or remove content at its sole discretion.

Trademarks and Copyright

Trademarks, logos and service marks ("Marks") displayed on the Site belong to the Company, its licensors, content suppliers or other parties. Users and those acting on their behalf may not use these Marks for any purpose, including as meta tags on other pages or websites, without written permission from the Company or relevant owner. You may not use frames or framing techniques to enclose Site content without the Company's express written permission, or use Site content in meta tags or other hidden-text techniques without the Company's express written permission. All content, including software, available on or through the Site is protected by copyright, trade mark and other applicable laws.

Intellectual Property Infringement Claims

The Company respects others' intellectual property and asks users to do the same. The Company has adopted and reasonably implemented a policy providing for termination, in appropriate circumstances, of repeat copyright infringers. If you believe your work has been copied in a way that infringes copyright, or your other intellectual property rights have been infringed, provide the Company's copyright agent with the following information in a written notice:

1. An electronic or physical signature of a person authorised to act for the copyright or intellectual property owner.
2. A description of the copyrighted work or intellectual property allegedly infringed, or a representative list if one notice covers multiple works on a single online site.
3. Identification of the allegedly infringing material, or material that is the subject of infringing activity, to be removed or disabled, and where it is located on the Site.
4. Your address, telephone number and, if available, email address.
5. Your statement that you believe in good faith that the disputed use is not authorised by the owner, its agent or the law.
6. Your statement, under penalty of perjury, that the information is accurate and that you are the copyright or intellectual property owner or authorised to act for the owner.

The Company's agent for copyright or intellectual property infringement notices can be contacted at service@novaminceur.com. The Company may update these contact details without advance notice and will publish current details on the Site.

Survival

Despite any other provision of these Terms or any contrary legal principle, provisions imposing or contemplating continuing obligations on a party survive expiry or termination of these Terms.

Force Majeure

The Company is excused from performance of the Terms of Use or Terms of Purchase to the extent that it is prevented or delayed in whole or in part by events resulting from (1) weather conditions, natural elements or natural disasters; (2) acts of war, terrorism, insurrection, riots, civil unrest or rebellion; (3) quarantines or embargoes; (4) strikes; or (5) other causes beyond the Company's reasonable control.

Risk of Loss

Items purchased on the Site are shipped by a third-party carrier under a shipping contract. Accordingly, risk of loss and title to those items pass to you when they are delivered to the carrier.

Dispute Resolution

By using the Site in any way, you unconditionally agree that (i) any dispute, controversy, difference or claim arising out of or relating to this agreement, including its existence, validity, interpretation, performance, breach or termination, or any dispute about non-contractual obligations arising from or related to it, shall be referred to and finally resolved by arbitration under the UNCITRAL Arbitration Rules in force at the time the notice of arbitration is submitted; (ii) the law governing this arbitration clause is the law of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"); (iii) the seat of arbitration is Hong Kong; (iv) one arbitrator will be appointed by the Hong Kong International Arbitration Centre; and (v) arbitration proceedings will be conducted in English.

General

If a provision in these Terms of Use or the Terms of Purchase is held invalid, void or unenforceable for any reason, the parties agree that the court should seek to give effect to the parties' intentions as reflected in the provision. The unenforceable provision will be severed without affecting the validity and enforceability of the other terms. Section headings are for reference only and do not limit the scope of a section.

These Terms, the Terms of Purchase and the relationship between you and the Company are governed by Hong Kong law to the extent not overridden or inconsistent with federal laws, without regard to conflict-of-law rules. For any action not subject to arbitration, both parties submit to the personal jurisdiction of a court located in Hong Kong.

The Company's failure to act against a breach by you or others does not waive its right to act against subsequent or similar breaches. If the content or use of the Site is contrary to the laws of the place from which you access it, the Site is not intended for you and you are asked not to use it. You are responsible for knowing and complying with the laws in your jurisdiction.

The Company does not guarantee that it will take action against every breach of these Terms or the Terms of Purchase. Except as expressly provided, there are no third-party beneficiaries of these Terms or the Terms of Purchase.

Changes to These Terms of Use

You acknowledge and agree that the Company may at its sole discretion change, add or remove any part of these Terms of Use at any time and in any manner by posting revised Terms on the Site. You may not amend or change these Terms under any circumstances. You are responsible for checking for changes periodically. Continued use of the Site after changes are posted constitutes acceptance of the changes.

Assignment

You may not assign these Terms of Use or the Terms of Purchase, or any rights, benefits or obligations under them, by operation of law or otherwise, without the Company's prior written consent, which may be withheld at its sole discretion. Any attempted assignment not in compliance with these Terms is void. The Company may assign these Terms of Use or the Terms of Purchase, in whole or part, to any third party at its sole discretion.

Entire Agreement and Admissibility

These Terms of Use constitute the entire agreement and understanding between you and the Company regarding their subject matter and supersede prior or contemporaneous oral or written communications and proposals on that subject. For the avoidance of doubt, these Terms apply only to the extent permitted by law.

In some cases, these Terms and a separate document setting out additional terms ("Additional Terms") may apply to a service or product offered through the Site. If there is a conflict, the Additional Terms prevail unless they expressly state otherwise.

A printed version of these Terms of Use is admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

If you have questions or comments about these Terms of Use or the Site, contact novaminceur.com's legal department at service@novaminceur.com.