Thank you for using www.smartcreation.com.hk (the ‘site’). These terms and conditions govern your use of the site (collectively ‘the services’ or ‘goods’). By continuing to access and use the site, you agree to all of the Terms of Service, which may be updated by us from time to time. We recommend regularly visiting this page to stay up-to-date with changes to the Terms of Service. In these Terms and Conditions, ‘we’, ‘us’, ‘our’ and Smart Creation refers to Smart Creation Ltd. Please contact us if you have any questions.
Access to the site is permitted on a temporary basis, and Smart Creation Ltd. reserves the right to withdraw or amend services without notice. We are not liable if, for any reason, the site is unavailable at any time. From time to time, we may restrict access to some or all of the site for routine maintenance and upgrades.
The site may contain links to other websites (the ‘Linked Sites’). These are not operated by us, and Smart Creation has no control over the Linked Sites. We accept no responsibility for them, or for any loss or damage that may be caused by your use of them. Your use of the Linked Sites will be governed by the Terms and Conditions of each site.
It is an offense to misuse this site, and Smart Creation will report any criminal behavior to the relevant authorities. We reserve the right to disclose your identity to law enforcement should a breach occur.
Misuse of this site means all criminal activity including, but not limited to:
● Committing or encouraging a criminal offense. ● Transmitting or distributing a virus, trojan, worm, logic bomb or any other malicious, technologically harmful material. ● Transmitting or distributing data in breach of confidence or in any way offensive or obscene. ● Hacking into any aspect of the Service, corrupting data or infringing upon any other person’s proprietary rights. ● Causing annoyance to other users. ● Sending any unsolicited advertising or promotional material, commonly referred to as ‘spam’. ● Attempting to affect the performance or functionality of any computer facilities of or accessed through the site.
Smart Creation will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data, or other proprietary material caused by accessing the site, Linked Sites, or downloading material posted on the site.
Intellectual Property, Software and Content
Smart Creation and its licensors hold the intellectual property rights to all software and content (including photographic images) displayed on or through the site and are protected by copyright laws and treaties around the world. You may store, print and display the site content, providing it is solely for your personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce any of the content in any format. The site content may not be used in connection with any business or commercial enterprise.
Disclaimer of Liability
Honesty is important to us, and we always strive to ensure everything on our site is accurate. However, mistakes do happen, which is why we display all the material on the site without any guarantees, conditions, or warranties as to its accuracy.
Unless expressly stated to the contrary, to the fullest extent permitted by law, Smart Creation and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties and liabilities for any damages whatsoever including, but not limited to, any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the site or Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to fundamental matter or any other liability that cannot be excluded or limited under applicable law.
Linking to the Site
You are welcome to link to our homepage, providing you own the linking website and do so in a way that is fair, legal and doesn’t damage our reputation or take advantage of it. You must not establish a link that suggests any form of association, approval, or endorsement on our part if none exists. Our site may not be framed on any other site, and we do not allow links to pages other than the homepage. We reserve the right to withdraw linking permission without notice.
Third Party Affiliations
Unless we mention otherwise, any third party trademarks and content, services and/or locations featured on our site are not associated, linked to, or affiliated with Smart Creation Any trademarks or names featured on this site are owned by the respective trademark owners. Where a trademark or brand name is mentioned to describe or identify products and services, it is not an assertion that such products or services are endorsed by or connected to Smart Creation
By using the site, you agree to indemnify, defend, and hold blameless Smart Creation, its directors, officers, employees, consultants, agents, and affiliates from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the site or your breach of the Terms of Service.
We reserve the right to remove or vary the services and any page of the site at any time, without notice.
If any part of the Terms of Service are unenforceable, including any provision in which we exclude our liability to you, the enforceability of any other part of the Terms of Service will not be affected. All other clauses will remain in full force and effect. As far as possible, where any clause or sub-clause, or part of a clause or sub-clause, can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
Your experience is of the utmost importance to us. We will use our complaints handling procedure to try to resolve disputes as they arise. Please contact us