Dimsumandthensome.com.hk, “the Website,” or “Site,” is provided by Dim Sum and Then Some (“The Company” or “We”) for your personal and non-commercial enjoyment. By using this Site, you agree to be bound by the following Terms and Conditions. We may modify or terminate our Website and its services from time to time, for any reason, and without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms and Conditions from time to time without notice. Please review these Terms and Conditions from time to time so that you will be apprised of any changes. By using this Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose to not accept these Terms and Conditions, please do not use this Site.
Website Changes and Updates
The Company expressly reserves the right to change or update the Website and to change, update, delete any content accessible thereon, including without limitation information, graphics, products, features, functionality, services and links (collectively the “Content”) with or without notice, at The Company’s sole discretion.
Disclaimer of Warranties
The Company makes no warranties or representations regarding the use or the results of the use of the materials in this website. Your use of the Website and its services is at your sole risk. You, (and not Dim Some and Then Some or any of its agents, officers, directors, and/or employees) assume the entire cost of all use of the Website and of any materials thereon.
The Website and any materials or services provided thereon are provided “as is,” “where is” and “as available.” The Company, and its subsidiaries, affiliates, officers, directors, employees, agents, and partners expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for particular purpose and non-infringement, any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the content of the Website or services. This disclaimer of liability applies to any damages or injury caused by the Website, including without limitation as a result of any error, omission, deletion, or defect in the content, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alternation of or use of record, whether for breach of contract, tort, negligence, defamation or under any other cause of action. The Company does not warrant or guarantee that any portion of the Website will be free of infection by viruses, worms, Trojan Horses, or anything else manifesting contaminating or destructive properties or that access to the website will be uninterrupted or error-free.
Further, The Company make no warranty that the service or website will meet your requirements, the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations and any errors on the website will be corrected. No advice or information, whether oral or written, obtained by you from The Company or through or from the service or its advertisers shall create any warranty not expressly stated in the Terms and Conditions.
Limitation of Liability
Under no circumstances shall The Company, its officers, directors, employees, agents, sponsors, advertisers, parents, affiliates, successors, or assigns be liable to any user or any party on account of that user’s or party’s use or misuse of or reliance on The Company’s services and the Website. This limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if The Company has been advised of the possibility of such damages), including without limitation to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Website, from inability to use the Website, or from the interruption, suspension, or termination of the Website (including such damages incurred by third parties), the performance or non-performance of the Website, any claim attributable to errors, omissions, or other inaccuracies, in, or destructive properties of the Website, or any information or merchandise that appears on, or is linked or related in any way to, the Website. This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the Website or received through any links provided in the Website or advertisers, as well as by reason of any information or advice received through or advertised on the Website or received through any links provided in the Website. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Without limiting the foregoing, under no circumstances shall The Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, and non-performance of third parties.
In any country, state, territory, or jurisdiction where the limitation of liability for direct, indirect, incidental, consequential, special, exemplary, and punitive damages does not apply, The Company’s liability shall be limited to the fullest extent permitted by law.
You agree to indemnify and hold The Company, its officers, directors, employees, agents, sponsors, advertisers, parents, affiliates, successors, or assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by you or any third party due to or arising out of your use or misuse of the site, including your use of the Site to provide a link to another site, upload content or other information on the Site, posting, publishing, e-mailing, reproduction, distribution, or transmission of any content or other materials or any violation of the Terms and Conditions.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website and its services, including payment and delivery of related goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that The Company shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Website.
The Website may provide, or third parties may provide, links to other World Wide Websites or resources. The Company has no control over such sites and resources, and you acknowledge and agree that The Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Company 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, goods or services available on or through any such site or resource.
Intellectual Property Rights
The Company is the sole owner of all content on the Website, including and without limitation, all patents, trademarks, and trade secrets, and other intellectual property right thereto. Except as otherwise specifically provided in these Terms and Conditions, this Website is solely for your personal and non-commercial use, and screens may not be reproduced, printed, or copied in any manner without The Company’s written consent. For any linked sites found on this Website or in our emails, all title and intellectual property rights is the property of the respective content owner.
The Company respects the intellectual property of others, and we ask our users and subscribers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide The Company with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the alleged infringing material is located;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- your address, telephone number, and email address;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copy right or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.