TERMS & CONDITIONS

 

​This website is operated by MASSBRANDED and visiting our site and / or purchasing from us constitutes your acceptance of this agreement and indicates your willingness to be bound by its following terms of use. These Terms of Use are between you and MASSBRANDED (‘MASSBRANDED’, ‘MASS’, ‘We’ or the ‘Company’) and govern your use of the on-line store, e-commerce platform, website and mobile application. In consideration of the right to access and use the Services, you agree to the terms and conditions of use set forth herein, along with any rules, policies and procedures that MASSBRANDED may institute from time-to-time (‘Terms of Use’, Terms of Service' or 'Terms & Conditions').  We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

ON-LINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

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GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

ACCURACY + COMPLETENESS + TIMELINESS OF INFORMATION 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we've no obligation to update any information on our site. You agree it is your responsibility to monitor changes to our site.

 

MODIFICATIONS TO THE SERVICE + PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. MASSBRANDED shall not be liable to you or to any 3rd party for any modification, price change, suspension or discontinuance of the Service.

 

PRICES + PAYMENTS

You agree pay all charges and fees applicable to your transaction, including without limitation, sales taxes and shipping and handling, in accordance with the billing terms that were in effect at the time the charges or fees became payable. MASSBRANDED reserves the right to change the amount of, or the basis for determining, any charges or fees and to institute new charges or fees (such new charges or fees will only beinstituted with prior notice to you).

 

MINORS

We do not knowingly gather or solicit data from anyone under the age of 13 through the Services for marketing purposes.

 

AVAILABILITY

Not all of the Services are available in all geographic areas, and we reserve the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject MASSBRANDED or its licensees or affiliates to any registration requirement within such jurisdiction or country. 

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NO WARRANTY

The services and content are provided ‘as is’ and without warranties of any kind, either express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, which are hereby expressly disclaimed to the fullest extent permissible pursuant to applicable law. The company shall not be responsible or liable to any user for any acts of fraud, theft, misappropriation, tampering, hacking, interception, piracy, misuse, misrepresentation, dissemination, or other illegal or unauthorised activities of third parties. You understand and expressly agree that your use of the services and the content is at your sole risk, that any and all content, material and data uploaded, downloaded or otherwise obtained through your use of the services are at your own discretion and risk and that you will be solely responsible for any damage to you, your property or any third party or their property arising from use of the services or the content. MASSBRANDED shall not be responsible for shipping or fulfilment delays, the cancellation of any transaction or the unavailability of any product. To the extent that the applicable law does not permit the disclaimer of warranties, the products, services and content are warranted only to the minimum amount legally required. 

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NO LIABILITY

You understand that your use of the Services is at your own risk. MASSBRANDED shall not be responsible for any damages that may arise in connection with any transaction, your use of the Services or these Terms of Use. 

 

PRODUCTS + SERVICES PROVIDED

Certain products may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy. MASSBRANDED has made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

ACCURACY OF BILLING + ACCOUNT INFORMATION

MASSBRANDED reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and / or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and / or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

 

USER GENERATED CONTENT

MASS Branded does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising from any content posted by any user. User Generated Content submitted through the Services is not necessarily reviewed by the MASSBRANDED prior to posting or at any time. If we choose, in our sole discretion, to monitor any Forums, the Company nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content. By providing information or posting Content through the Services, you hereby grant the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, create derivative works from and edit any such Content for any purpose, commercial, advertising, or otherwise, on or in connection with any product, the Services or the promotion thereof. MASSBRANDED does not assert ownership over your User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of User Generated Content created by you. Notwithstanding the foregoing, you hereby waive all rights to any claims against MASSBRANDED for alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting User Generated Content on or through the Services, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company the rights described herein. You acknowledge that the Company has detrimentally relied upon this representation. 

 

3RD PARTY TOOLS

We may provide you with access to 3rd party tools over which we neither monitor nor have any control over nor input on. You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional 3rd party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and / or features through the website (including, the release of new tools and resources). Such new features and / or services shall also be subject to these Terms of Service.

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3RD PARTY LINKS

Certain content, products and services available via our Service may include materials from 3rd parties. Third party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

USER COMMENTS + FEEDBACK + OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any 3rd party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or 3rd parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

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PERSONAL INFORMATION

Your submission of personal information in the store is governed by our Privacy Policy (please read our Privacy Policy for details).

 

ERRORS + INACCURACIES + OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

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PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

• for any unlawful purpose;

• to solicit others to perform or participate in any unlawful acts;

• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

• to infringe on or violate our intellectual property rights or the intellectual property rights of others;

• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

• to submit false or misleading information;

• to upload or transmit viruses or any type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the Internet;

• to collect or track the personal information of others;

• to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or

• to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

DISCLAIMER OF WARRANTIES + LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall MASSBRANDED, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless MASSBRANDED and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

APPLICABLE LAWS + JURISDICTION

The Services along with all products and features are designed for personal and legal uses only. It is your responsibility to comply with all relevant national, state and local laws, rules and ordinances when using the Services. The laws of Hong Kong will govern these Terms of Use, without regard to conflicts of law principles. Any and all claims and controversies arising out of and related to the Privacy Policy and these Terms of Use shall be settled in the courts of Hong Kong. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude the Company from seeking any injunctive relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of the MASS Branded IP. 

 

INTELLECTUAL PROPERTY

MASSBRANDED and 3rd party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. Except when included in any authorised printouts of the Content, you are not authorised to make use of any names, logos or tag lines posted through the Services, whether or not designated by such symbols, including without limitation as metatags or in any other fashion without the express prior written permission of the Company in each instance. Nothing herein grants you any right, title or interest in any MASS or MASSBRANDED names, trade names, trademarks, service marks, tag lines, logos, patents, patent applications, formulas, technology or designs (whether or not the subject of a patent application) (together, ‘MASSBRANDED IP”). At no time during or after the term of this Agreement shall any user, either directly or through any 3rd party or agent, challenge or assist others to challenge the MASSBRANDED IP or the registration thereof (i) attempt to use or register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the MASSBRANDED IP, or domain names incorporating any of the same; or (ii) incorporate any MASSBRANDED IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of the Company. If, at any time, you acquire any rights in, or domain name, trademark or service mark registrations or applications for, any MASSBRANDED marks, names or designations by operation of law or otherwise, you will immediately upon request from MASSBRANDED, and at no expense to MASSBRANDED, assign such rights, registrations and applications to MASSBRANDED or its designee. 

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CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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CONTACT INFORMATION

Any other questions about our Terms of Service? Contact us at info@massbranded.com.

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