Terms & Conditions
Terms and Conditions
Date of last revision: August 2020
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.
These terms and conditions and any policies to which a link is provided in them (collectively, “Terms”) set out the terms of use that apply to www.fearplus.com and the Platforms mobile applications owned by and/or operated by or on behalf of F.E.A.R Limited or any of its affiliates. (“Platforms”). F.E.A.R Limited. or any of its affiliates are referred to in these Terms as “F.E.A.R/we/us”.
By accessing or using these Platforms on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you agree that you have read, understand and agree to be bound by these Terms and the applicable law, whether or not you are a registered member of F.E.A.R. We may change these Terms at any time without notice, effective upon its posting to the Platforms. Your continued use of the Platforms shall be considered your acceptance to the revised Terms. If you do not agree to these Terms, please do not use these Platforms.
A.Use of Platforms
1.Intellectual Property
All intellectual property on the Platforms (except for “User Generated Content” defined in Part C) is owned by F.E.A.R or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the F.E.A.R name) are owned, registered and/or licensed by F.E.A.R. All content including, but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) on the Platforms (except for User Generated Content), is a collective work under the copyright laws of Hong Kong and other countries and is the proprietary property of F.E.A.R, and is also protected by applicable copyright laws and treaties around the world. All such rights are reserved. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify F.E.A.R trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Platforms, without our prior written consent. The use of F.E.A.R trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Platforms in any external Internet site or the creation of links, hypertext or deeplinks between the Platforms and any other Internet site, is prohibited without the express written consent of F.E.A.R.
2.Platforms Use Restrictions
You may use the Content only for your own non-commercial use to participate in the Platforms or to place an order or purchase F.E.A.R products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platforms. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, post, transmit or sell any Intellectual Property or Content appearing on the Platforms, including User Generated Content (defined below), without F.E.A.R's prior written consent, unless it is your own User Generated Content that you legally post on the Platforms. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you.
B.Purchase of Products
1.Product Orders (apply to the extent user who purchase from the Platforms)
1.1 All information on the Platforms is only an invitation to treat, and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (“Products”) from F.E.A.R on the Terms.
1.2 All orders placed through the Platforms are subject to our acceptance. Acceptance of your order and the formation of a contract of sale of the Products between F.E.A.R and you will not take place unless and until (i) we have sent you an email confirming that the Products have been dispatched or (ii) in the event that you have elected to collect the Products from S.F. Express (Hong Kong) Limited acting as your agent (the “Carrier”), we have sent you an email confirming that the Products have been dispatched to the Carrier (“Dispatch Confirmation”). If you have ordered more than one Product under a single order, the purchase contract is formed only in relation to the Product(s) for which F.E.A.R has issued a confirmation email.
1.3 We may choose not to accept or cancel your order, in our discretion, under these Terms or for any reason whatsoever without liability to you or third party. If your debit card, credit card, bank account or any other third party payment account (Alipay/ Unionpay, etc) has already been charged for an order that is later cancelled, F.E.A.R will issue you a refund to your original purchasing account. Please find details in the Purchase Terms and Conditions.
1.4 You agree that F.E.A.R can cancel your order (and, if applicable, refund the relevant payment through your original payment platform), without any compensation under the following circumstances:
(a)You have reached an agreement with F.E.A.R;
(b)Information of the Product on the F.E.A.R website is obviously erroneous or the Product is out of stock;
(c)Pricing errors;
(d)Platforms technical problems;
(e)Your order information is obviously erroneous or your order quantity exceeds the stock;
(f)Due to force majeure, transportation delay, system failure or third-party attacks of the F.E.A.R website and Platforms, and other circumstances beyond the control of F.E.A.R, F.E.A.R finds it necessary to cancel your order;
(g)You fail to complete payment within the specified time;
(h)We find that you used robots, scripts, plug-in software or other technologies to hack our network to purchase Products, which may affect the normal purchasing activities or rights and interests of other users, or affect the orderly sale of Products. We reserve all rights to take necessary legal actions to protect our rights and interests;
(i)The purpose of purchasing Products is for resale;
(j)Using others' accounts or identities to purchase;
(k)We find that the purchase evades the sale rules for special edition products (for example, purchase of more than one special edition product of the same model by one purchaser; use of the same debit card, credit card, bank account or third-party payment account to make the payment by multiple purchasers; multiple orders shipped to the same address, etc.);
(l)Breach of the Terms, or other regulations or policies of these Platforms, or restricted or forbidden acts in website activities, or circumstances in breach of principles of fairness and honesty (for example, you repeatedly refuse to accept the order of goods without legitimate reason or maliciously reserve the stock, etc.).
2.No Purchase for Resale
The Platforms are intended solely for us to sell F.E.A.R products directly to end consumers, and therefore purchase for resale is not permitted. Purchase for resale means the purchase of Products by someone who resells, or intends to resell, the same to others (consumers, businesses or any third party). If we believe you are involved in purchase for resale, we reserve the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your Platforms accounts.
3.Delivery, Title and Risk
3.1 Delivery
Orders will be sent, via the Carrier, to the delivery address that you have given or selected, as the case may be, on your order form. We will not be responsible if that delivery address is incorrect or incomplete. Please note that there are restrictions on the locations to we deliver Products purchased from the Platforms set out at Delivery Area :
(a)Available delivery methods in case the delivery address is in Hong Kong: (i) delivery to your residential address; (ii) delivery to your nominated address, or (iii) self-pickup of Products from designated F.E.A.R’s stores or S.F. Express stores;
(b)Available delivery methods in case the delivery address is in Macau: (i) delivery to your nominated address;
When you have selected your preferred delivery method (provided that your order has been accepted by F.E.A.R), your order shall be processed and we will endeavour to dispatch your order in accordance with the estimated delivery times set out at “Shipping Methods & Timeline”, whichever is applicable, or as otherwise specified upon completion of order. Please note that the delivery dates specified in your order, the email confirming the order or on the “Shipping Methods & Timeline/ Macau Shipping Policy” are estimates only. We shall not be liable for any failure to deliver on any particular date. Estimated delivery times will be calculated from the date on which the order is processed, unless otherwise specified.
For delivery to Macau only
You agree that all Products ordered on the Platforms shall be shipped by S.F. Express (Hong Kong) Limited acting as your agent (the “Carrier”), and any claims for damages in delivery must be filed with the Carrier.
There may be additional restrictions or exclusions in respect of Macau set out at “Shipping Methods & Timeline” . These may change from time to time. We shall endeavour to notify you of such restrictions.
The Carrier may request your contact details and other relevant information for delivery of the Products in accordance with relevant laws and regulations. You agree that your submission of such information is at your risk, and you hereby release F.E.A.R from any and all liability to you for any loss or liability relating to such information in any way.
3.2 Property in the Products you have ordered will pass to you under the following circumstances:
For delivery to Hong Kong only
Property in the Products you have ordered will pass to you when you, or any third party on your behalf other than the Carrier, receive the Products;
For delivery to Macau only
Property in the Products you have ordered will pass to you on delivery of such Products to the Carrier or you, whichever is earlier.
3.3 Once the property in the Products have been passed to you all risk of damage to, or loss of, the Products shall pass to you. If you fail to take delivery or the Carrier is unable to deliver the Products, the risk in the Products will still pass to you, and we shall be entitled to charge you for any additional storage costs or delivery fees incurred by us.
4.Refunds and Returns
4.1 Should you wish to return any Products, you may only do so in accordance with our Returns Policy. This Returns Policy does not affect your statutory rights as a consumer. For returning goods from Macau only
4.2 We recommend that you insure your package for safe return to F.E.A.R, and you are requested to declare the full value of the shipment to S.F. Express so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to insure or declare the full value of the Products, you will be responsible for any loss or damage to the Products during shipping. F.E.A.R is not responsible for any risk of damage to, or loss of, the Products upon return.
C.User Generated Content and User Account
1.Safeguard Your Username/Password
You are responsible for any actions that take place while using your F.E.A.R account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platforms. We are not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
2.User Generated Content
"User Generated Content" refers to communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platforms users post or otherwise make available on or through the Platforms, except to the extent the Content is owned by F.E.A.R.
Posting Rules: User Generated Content and User Conduct
3.Be Responsible.
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Platforms. Do not take any action or post anything that may expose F.E.A.R or its users to any harm or liability of any type.
4.Be Relevant and Constructive.
You agree to stay on topic and post only constructive comments and questions. Unless the Platforms feature asks for it, you agree not to talk about policies, future products, speculations or rumors about F.E.A.R and F.E.A.R products, or anything else off topic.
5.Be Courteous and Appropriate.
Flaming and insults are prohibited. You agree not to post User Generated Content, or a link to a website, that, in F.E.A.R's sole discretion, is illegal, offensive, libellous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. You agree not to post photos or videos of another person without that person's consent. You agree not to “stalk”, intimidate, abuse, harm or harass another Platforms user or person.
6.Be Private.
You agree not to post personal information. You agree not to collect or solicit personal information from other Platforms users or send unsolicited emails or other communications. You agree not to collect, use or post on the Platforms the private information of anyone else without their consent or for illegal purposes.
7.Be Original.
You agree that you possess or control all rights in any User Generated Content that you post on the Platforms. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You agree not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant F.E.A.R all of the license rights granted in these Terms.
8.Be Legal.
You agree not to post any User Generated Content, take any action or use the Platforms in an unlawful manner or in a manner that would create liability or promote illegal activities. You agree not to take any action on the Platforms to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platforms. You agree not to post User Generated Content that contains software viruses, programs or other computer code. You agree not to circumvent or modify any Platform security technology or software.
D.Warranty Disclaimer
1.WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY USER GENERATED CONTENT OR OTHER CONTENT POSTED ON THE PLATFORMS OR FOR ANY OFFENSIVE, UNLAWFUL OR OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE PLATFORMS.
2.THE PLATFORMS, USER GENERATED CONTENT, CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS PLATFORMS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND.
3.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS SECTION DOES NOT AFFECT YOUR STATUTORY CONSUMER RIGHTS AND, IN RESPECT OF THE PRODUCTS, DOES NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY FOR BREACH OF THE STATUTORY RIGHTS SET OUT UNDER THE SALE OF GOODS ORDINANCE (CAP 26) RELATING TO GOOD TITLE, NO ENCUMBRANCE AND QUIET POSSESSION, CORRESPONDENCE WITH DESCRIPTION, MERCHANTABLE QUALITY, FITNESS FOR PURPOSE AND CORRESPONDENCE WITH SAMPLE.
4.WE PROVIDE NO ASSURANCE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORMS.
5.WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THESE PLATFORMS OR THE SERVER THAT MAKES THE PLATFORMS AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL.
6.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE PLATFORMS IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE.
7.YOU AGREE THAT YOU DOWNLOAD OR IN WHATEVER WAY OBTAIN THE CONTENT AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OR HARM OF ANY KIND TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR ANY OTHER DEVICE IN WHICH YOU ACCESS THE PLATFORM.
8.WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT AND OTHER ITEMS USED OR CONTAINED IN THE PLATFORMS AT ANY TIME WITHOUT NOTICE.
9.Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESE PLATFORMS OR THE PERFORMANCE OF THE PRODUCTS OR THE CONDUCT OF OTHER PLATFORMS USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A F.E.A.R EVENT OR ANY USER GENERATED CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORMS. YOUR ONLY REMEDY AGAINST F.E.A.R FOR USE OF THE PLATFORMS OR ANY CONTENT IS TO STOP USING THE PLATFORMS.
THAT SAID, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THESE PLATFORMS OR ANY CONTENT, OUR LIABILITY SHALL NOT EXCEED USD $50.00.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
E.Dispute Resolution and Termination
1.Dispute Resolution
These Terms and all transactions relating to the Platforms are governed by Hong Kong law and both we and you hereby submit to the exclusive jurisdiction of the Hong Kong courts.
2.Miscellaneous
2.1By using the Platforms, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically satisfies any legal communication requirements, even if such communications have to be in writing.
2.2Our failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between us nor trade practice shall modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you.
3.Severability
If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is held unlawful, void or unenforceable, then that provision shall be severable from these Terms and the remaining provisions are still valid and enforceable.
4.Termination
4.1We reserve the right in our sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platforms for any or no reason, without notice, and without liability to you or anyone else.
4.2We also reserve the right to block users from certain IP addresses or Device numbers and prevent access to the Platforms.
4.3You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platforms, or on other platforms (e.g. Weibo, Google, etc), may continue to appear on the Platforms or on other platforms even after your User Generated Content is removed or your account is terminated.
4.4These Terms remain in effect even after your account is terminated. The Terms in relation to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms which may survive termination by their nature shall survive termination.