Terms & Conditions
Welcome to the Ocitl-branded website owned and operated by Ocitl ("we" or "us"). Please read these Terms of Use ("Terms of Use") carefully before using the services offered on this website (the "Website"). These Terms and Conditions, together with our Privacy Policy, constitute a legally binding agreement (the "Agreement") governing your use of this website (the "Website") and related services, features, content, widgets, or any purchases made through the Website.
These Terms and Conditions apply to all users of the Website, including but not limited to contributors who provide content, information, and other materials or services to the Website. Your access to and use of the Website will be subject to the version of these Terms and Conditions posted on the Website at the time of your use. If you do not agree to these Terms and Conditions, you are not authorized to access, browse, or otherwise use the Website or purchase anything, and therefore should not do so.
We may modify, add, or remove portions of these Terms of Use at any time and at our sole discretion. It is your responsibility to review these Terms of Use for changes before using the Website. In any event, your continued use of the Website following the posting of changes to these Terms of Use will constitute your acceptance of any changes. We will notify you of any such material changes by posting a notice of the changes on the Site and/or (at our discretion, if you are registered on the Site) by email (to the address we have on file). Please note that even if you have opted out of receiving commercial communications from Ocitl, you may still receive notices of material changes to the Site, as these notices are non-commercial in nature.
Privacy
We have established a Privacy Policy to inform you of our practices regarding the collection, use, disclosure, and protection of your information. This Privacy Policy is incorporated into this Agreement, and by using the Site, you agree to the terms of this Privacy Policy.
General Terms and Conditions
Unless otherwise indicated, the products and services on the Site are for personal, non-commercial use only. You agree to use the Site only for lawful, non-commercial purposes and in compliance with all international, federal, state, and local laws. Except as expressly permitted in these Terms and Conditions, you may not use, copy, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license, or in any way exploit the content on the Site.
Eligibility
The Site is intended for persons over the age of 13. You represent and warrant that you (a) are over the age of majority in your jurisdiction (or your parent/guardian's permission if you are under 13 but are at least 13 years old); (b) have not been previously suspended or removed from the Site; (c) have no more than one (1) account on the Site at any one time; (d) provide us with true, accurate, current, and complete information only when you register for an account and/or place an order (defined below). We may deny or terminate your access to the Site or the Services (or any portion thereof) if we believe or suspect that your information is not true, accurate, current, or complete; and (e) you have full power and authority to enter into the Terms and Conditions and that doing so will not violate any other agreement to which you are a party.
Your Account
When setting up an account, you will be asked to provide your name and email address and select a password (collectively, the "Account Information"), which you should not transfer or share with any third party. If you make a purchase, your Account Information may be updated to include the additional information you provide. If someone accesses our website or services using your account information, we will rely on that account information and assume that it is indeed you or someone on your behalf who is accessing the website and services. You are fully responsible for any and all use of your account information and all orders and activities under or associated with that account. Without limiting any rights we may have, we reserve the right to take any action we deem necessary or reasonable to ensure the security of the website and your account, including but not limited to terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for any actions or omissions of any user who accesses the website or services using your account information, if such actions would be considered a violation of these Terms of Use. In no event will we be liable for any liability or damages arising from: (i) any action or inaction taken by us under these Terms; (ii) any breach of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password. You may not use another person's account at any time without the permission of the account holder. If you become aware of any unauthorized use of your account information, please notify us immediately. You agree not to register multiple accounts, register an account on behalf of another person without their authorization, or register an account on behalf of any group or entity.
User Content
We welcome user comments, information, and submissions. In addition, from time to time, you and other users of the Site may have the opportunity to post certain ideas, concepts, information, data, text, music, sound, photographs, graphics, videos, messages, reviews of our products, advertising and other promotional materials or events, facts, advice, tips, opinions, and other materials (collectively, "User Content") on the Site or one of our social media channels. Subject to our Privacy Policy, all User Content you post on the Site will be considered public, non-confidential, and non-proprietary and may be viewed by you and/or other users of the Site. If you consider User Content to be proprietary, you should not post it to the Site. By posting your User Content to the Site or any other Ocitl-owned website or social media page, you hereby grant us, our affiliates, and our licensors the right to use any ideas, concepts, know-how, or techniques contained in any User Content you send us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products, services, and content using such information in any media now known or later developed, without any credit, notification, approval, or compensation to you. If you do not agree to this, please do not post content to the Site.
We cannot guarantee that other users will not copy, modify, distribute, or otherwise use the User Content you share. Therefore, if you have any ideas or information that you wish to keep confidential and/or do not want others to use, please do not post them to the Site or any Ocitl-owned social media page. We and our affiliates are not responsible for any user's misuse or misappropriation of any User Content you post to the Site or any Ocitl-owned social media page.
Review of Submitted Materials
We do not routinely review the identity of any user connecting to the Site and have no obligation to verify their identity or monitor the User Content provided by users. Except as otherwise provided in these Terms, you acknowledge that we may or may not pre-screen, monitor, review, edit, or delete User Content posted by you and other users on the Site. We and our designees reserve the right to modify, move, refuse, block, or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. We and our designees also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms and Conditions, including investigation of potential violations thereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect our rights, property, or safety, Site users, and the public. In no event will we be liable for any damages arising from any failure, omission, or delay in removing such User Content, even if we have been advised of the possibility of such damages.
User Conduct
By posting User Content through the Site or otherwise using any communications or other interactive services that the Site may offer from time to time, you agree that you are the sole responsible person and/or entity responsible for the source of such User Content. Furthermore, you agree not to access or use the Site for any purpose prohibited by these Terms and Conditions. You are responsible for all activities that you conduct on the Site.
By way of example, and not as a limitation, you agree not to (and not to permit any third party to) use the Site to: (a) upload, post, email, or otherwise transmit any User Content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or that contains or depicts nudity or explicit or graphic sexual acts or violent behavior (including, but not limited to, sexual language of a violent or threatening nature directed at other individuals or groups), or other User Content that we determine in our sole discretion is inappropriate; (b) harms any person in any way; (c) upload, post, email or otherwise transmit any User Content that (i) harms, harasses, degrades or intimidates an individual or group of individuals based on any impermissible classification (including, but not limited to, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability); (ii) infringes any patent, trademark, trade secret, copyright, right of publicity or other intellectual property or proprietary right of any party; or (iii) you do not have the right to transmit under any law or under any contractual or fiduciary relationships (for example, inside information, intellectual property, proprietary information or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files, worms, logic bombs or programs designed or intended to interrupt, disable, damage, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment, or for any other similar destructive activity; (e) gains unauthorized access to any system, data, password or other information; or (f) Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (g) intentionally or unintentionally violate any applicable local, state, national or international law, or any rules, regulations, orders, directives or the like having the force of law; (h) upload, post, email or otherwise transmit any material, or take any other action with respect to your use of the Site, that would constitute or encourage a criminal offense or conduct that would give rise to civil liability; (i) use for commercial purposes, including, but not limited to, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; (j) solicit others to join or become members of any other commercial online service or other online or offline group or organization; (k) impersonate any other person or entity, including providing us with any false personal information (including a false username) or creating any account for anyone other than yourself; (l) submit any identification documents or sensitive financial information of any person; or (m) violate the Privacy Policy. Violation of any of the foregoing may result in the immediate termination of your permission to access or use the Site and may subject you to penalties and other legal consequences. We reserve the right, but have no obligation, to investigate your use of the Site in order to (1) determine whether a violation of the Terms and Conditions has occurred, or (2) comply with any applicable law, regulation, legal process, or governmental request.
No Endorsement
We do not control the User Content posted on the Site and, as such, make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity, or quality. We cannot determine whether User Content infringes the rights of others, nor can we control whether User Content is of a nature that you or other users may find offensive. User Content may include opinions, statements, and other content from third parties, not us. You acknowledge and agree that the information and opinions expressed in User Content posted by you and other users on the Site do not necessarily reflect the views of us or our content providers, advertisers, sponsors, affiliated or related entities, and that we do not support or endorse any User Content or any other content posted by you or any other user on or accessible through the Site. We assume no obligation or liability with respect to User Content, and our receipt or acceptance of any such material does not create any confidential or fiduciary relationship.
Our Rights to Use User Content
You are not required to submit any content to us, but if you choose to submit any User Content to the Site, it will be treated as non-proprietary and non-confidential and may be used by us, our affiliates, or others without restriction. You represent and warrant that you own or otherwise control any and all rights to the User Content you submit, and that our public posting and use of such User Content will not in any way infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. By submitting, sending, posting, uploading, modifying, or otherwise providing us with information, materials, or any other communications (including User Content), whether solicited or unsolicited, you grant us and our designees a royalty-free, fully paid-up, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast, and posting, without further consent or notice to you, credit, and/or compensation to you or any third party. You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site and to use, edit, modify, reproduce, distribute, create derivative works of, display, and perform such User Content. We and our designees also have the right (but not the obligation) to use your username (and your real name, image, likeness, or other identifying information in connection with your User Content), city, and state, for broadcast, print, online, or other distribution or publication of your User Content. We and our designees may use or otherwise transfer, delete, or dispose of any and all User Content without restriction, and Site users shall not be entitled to any compensation with respect to our use, transfer, or disposition of such User Content. Notwithstanding the foregoing, any personally identifiable data (if any) contained in User Content shall be handled in accordance with our Privacy Policy.
Transmitting Materials
You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site.
You agree not to collect, gather, or store information about Site users or User Content, and not to use such information for any purpose inconsistent with the purpose of the Site or to transmit or facilitate the transmission of unsolicited advertising, junk or bulk email or communications. You may not: (i) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or restrict access to the Site or portions of it (or other accounts, computer systems, or networks connected to the Site); (iv) run any form of auto-responder or "spam" program on the Site; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; or (vi) collect or scrape any content from the Site.
Product Availability
We use commercially reasonable efforts to ensure that our Site reflects true and accurate information about the products sold. The availability of products and services described on the Site, and the descriptions of those products and services, may vary from location to location and from time to time.
Purchases
If you're just browsing the site, you don't need to register. However, if you want to make a purchase, you must provide your name, email address, mailing address, and credit card information. You may also be asked to tell us whether you would like us to retain your financial payment information. The security of your credit card information is important to us, and Ocitl will use commercially reasonable efforts to protect the information you provide online when making a purchase.
Like many companies, Ocitl's payment processor uses Secure Sockets Layer (SSL) technology to protect the security of your online order information. SSL technology encrypts your credit card number, order information, and personal information before transmission, preventing anyone other than us from decrypting it. You can choose to tell us after a purchase not to retain this information. If you choose this option, you will need to re-enter your payment information each time you visit the site. We may use information collected from your transactions to improve the website or provide you with offers, but we do not use your financial information for any purpose other than to facilitate your purchase.
Purchasing on the Ocitl website means that once you reach the checkout page, your computer will begin communicating with our supplier's servers using SSL encryption. You can be sure of the security of the connection because the first characters in the website address will change from "http" to "https" whenever you access the site from a server that supports SSL technology. While we cannot guarantee that our security measures are 100% secure, SSL technology is designed to protect your information.
Returns and Exchanges
We will gladly refund or exchange products as long as the product is in new, saleable condition and in its original packaging. Returns or exchanges must be submitted within 30 days of the order date in order for us to process them. Requests submitted after 30 days will not be accepted. To process a return or exchange, please visit our returns portal and enter your order number and email address. We will refund the purchase price to the credit card you used, minus shipping and handling fees. Refunds may take up to ten business days to process. You must pay for return shipping. Products that have been used or are not in their original packaging cannot be exchanged or refunded.
Advertising, Sponsorship, Co-Promotions, and Other Partnerships
We may display advertisements for third-party goods and services on the Site, including in connection with co-promotions, sponsorships, or other similar partnership arrangements. We do not endorse or represent the safety, quality, accuracy, reliability, integrity, or legality of any such advertised goods or services, and are not responsible for them.
Intellectual Property
The Site and all of its content, including but not limited to articles, other text, photographs, images, illustrations, graphics, video materials, audio materials (including musical works and sound recordings), software, logos, titles, characters, names, graphics, and button icons (excluding User Content) (collectively, the "Proprietary Materials"), are protected by copyright, trademark, and other laws, as well as international conventions and the laws of other countries. The Proprietary Materials are owned or controlled by Ocitl or by others who have provided Ocitl with the rights thereto.
Except as otherwise provided in these Terms and Conditions or without our express prior written permission, you may not (and agree not to) use, publish, copy, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, reproduce, post, enter into a database, upload, transmit, or modify the Proprietary Materials or any portion thereof for any purpose or by any means, method, or process now known or later developed. Modification of materials appearing on the Website or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.
CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: If you are a copyright owner or an agent thereof and believe that any User Content or other content on the Site infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (available at http://www.copyright.gov/legislation/dmca.pdf) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;
Include each of the following statements:
"I have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law."; and
- "I hereby declare, under penalty of perjury, that the information in the above notification is accurate and that I am the owner of an exclusive right in the copyrighted work that has allegedly been infringed or am authorized to act on the owner's behalf."
A physical or electronic signature of the owner or the person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed;
Send this notification along with all of the above information to: service@ocitl.com, and include "DMCA Notice" in the subject line. For clarity, only DMCA notices should be sent to the Copyright Agent; any other feedback, comments, technical support requests, and other communications should be directed to our Customer Service. You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.
Upon receipt of a claim of infringement, we will process and investigate the claim and take appropriate action under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Upon receipt of a notice that complies or substantially complies with the Digital Millennium Copyright Act, we will expeditiously remove or disable access to any material that is claimed to be infringing or to be the subject of infringing activity, and will expeditiously remove or disable access to any references or links to material or activity that is claimed to be infringing. We will promptly take reasonable steps to notify users that we have removed or disabled access to such material.
Counter-Notification
If you believe that the User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law to post and use the content in your User Content, you may send a counter-notification in writing to the Copyright Agent containing the following:
Identify the material, reference, or link that has been removed or to which access has been disabled, and the location at which the material, reference, or link appeared before it was removed or access was disabled;
Include each of the following statements:
"I hereby state, under penalty of perjury, that I have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled."; and
“I hereby declare that I consent to the jurisdiction of the District Court of Hong Kong and will accept service of process from the complaining party or its agent who notified Ocitl of the alleged infringement.”
Please provide your full legal name, address, telephone number, email address, and your physical or electronic signature. Please send this notice (complete all fields) to: service@ocitl.com with "DMCA Counter-Notice" in the subject line.
If the Copyright Agent receives a valid counter-notice, we may send a copy of the counter-notice to the original complaining party informing them that we will replace the removed content or cease disabling access to it within 10 business days. Unless our Designated Agent first receives notice from the original complaining party that it has filed an action seeking a court order against the content provider, member, or user, we may replace the removed content or restore access to it within 10 to 14 business days, or even longer, at our discretion, after the Copyright Agent receives the counter-notice.
Account Termination
You may terminate your account at any time. You may also terminate your account at any time by sending an email to service@ocitl.com requesting deletion of your account.
Third-Party Websites and Links
You may link from this Website to third-party websites, services, or resources on the Internet, which may also contain links to this Website (collectively, "Linked Sites"). These Sites are provided for informational purposes only. We are not responsible for the content, availability, advertising, products, services, or other materials on any such Linked Sites, or any other links contained therein, and the inclusion of a link on our Website to a Linked Site does not imply our endorsement or approval of any material contained on or accessible through the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising out of or resulting from the creation or use of any Linked Sites or the information or materials accessed through such Linked Sites.
Disclaimer
Visitors to this Website agree that their use of or reliance on any advice or information obtained from or through this Website is at their own risk. This Website is provided on an "as is" and "as available" basis without representations or warranties of any kind, either express or implied. Without limiting the foregoing and to the maximum extent permitted by applicable law, we (including our affiliates, third-party content providers, merchants, sponsors, licensors, and their respective directors, officers, and employees) expressly disclaim any and all representations and warranties, express or implied, including, but not limited to: (i) any warranties regarding the availability, accuracy, suitability, reliability, timeliness, or usefulness of the Website Content; and (ii) any warranties of title, non-infringement, merchantability, or fitness for a particular purpose, or any warranties implied by a course of performance or usage of trade. We make no representations or warranties regarding any linked websites and assume no liability for your use of such websites. In some cases, the content available on the Website may represent the opinions and judgments of providers or users, such as User Content. We and our affiliates do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than our authorized employees.
This disclaimer applies to any damages or injury caused by this website, including, but not limited to, damages or injury caused by: (1) any error, omission, deletion or defect in the content of this website, or (2) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of or use of records, information or data, whether for breach of contract, tort, negligence, defamation or any other cause of action. We do not guarantee or warrant that: (1) any part of this website is free from infection by viruses, worms, Trojan horses or anything else that manifests contaminating or destructive properties; or (2) access to this website will be uninterrupted or error-free.
We do not warrant or make any representations regarding the use or the results of the use of the materials on this website. You (and not us or any of our affiliates) assume the entire cost of all necessary servicing, repair or correction.
We have no obligation to verify the identity of any user who subscribes to or uses this website. Therefore, we are not responsible for identity theft or any misuse of your identity or information.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Governing Law & Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”), without regard to its conflict of law principles.
You agree that any dispute, controversy, or claim arising out of or relating to these Terms of Service, or the breach, termination, or validity thereof, shall be subject to the exclusive jurisdiction of the courts of Hong Kong.
Indemnification
By using this website, you agree to indemnify and hold harmless Ocitl, its officers, directors, employees, and agents from any third-party claim or demand, including reasonable attorneys' fees, arising out of or arising out of: (1) your breach of this Agreement (including the documents incorporated by reference into this Agreement); (2) your violation of any law; or (3) your violation of any third-party rights. Ocitl reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such event, you agree to cooperate with Ocitl's defense of such claim.
Disputes
If you have a dispute with Ocitl, we will likely be able to resolve your issue quickly and to your satisfaction. Please contact our customer service team at service@ocitl.com. Please describe your complaint and we will do our best to provide you with a reasonable resolution as quickly and efficiently as possible. We believe we can address your complaint quickly and effectively to your satisfaction.
Arbitration proceedings are conducted by a neutral arbitrator, not a judge and jury, and you and Ocitl both agree to waive your right to a trial before a
Company Information
This Website and the services provided through it are operated by Ocitl.
Registered Address:
HENGBAILONG LIMITED
Room 602, 6/F, Kai Yue Commercial Building, 2C Argyle Street, Mong Kok, Kowloon, Hong Kong
If you have any questions regarding these Terms of Service, please contact us at:
Email: service@ocitl.com