Terms of use

Website Terms and Conditions

This document contains terms and conditions (“Website Terms and Conditions”) that are applicable to your use of the website of The Makers at https://www.makersweare.com (the “Site”). Please read these Website Terms and Conditions carefully before using the Site. Your usage of the Site or any part of it constitutes your acceptance of the Website Terms and Conditions (as amended from time to time). Please leave the Site immediately if you do not agree to be bound by the Website Terms and Conditions.

1. Important Notice

a. The Site is operated by MakerVille Company Limited (“we”, “us” and “our” shall be construed accordingly), a member of the PCCW Media Group.

b. We may update these Website Terms and Conditions from time to time. It is your responsibility to check for updates to these Website Terms and Conditions as they take effect upon posting on the Site because, unless otherwise required by Applicable Law, your continued use of the Site following such variations or amendments of these Website Terms and Conditions, whether or not perused by you, shall constitute your acceptance to be bound by such variations or amendments. “Applicable Law” in relation to any person, entity, action or thing means the following in relation to that person, action or thing: (i) any law, rule or regulation of any country (or political sub-division of a country); (ii) any obligation under any license in any country (or political sub-division of a country); and (iii) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

c. The Site and/or the products and services offered on the Site may be modified, updated, interrupted, suspended or discontinued at any time without notice, for any or no reason and without any liability to us.

2. Disclaimer

a. To the greatest extent permitted by law, we disclaim all warranties and exclude all liability in connection with your access to and use of the Site and any Content, as set out in this section: The information contained on the Site is for reference only. We do not warrant the accuracy, completeness, reliability or timeliness of the information in the Site for any reason whatsoever. We shall not be liable to you or any user for any costs, claims, liabilities, losses or damages whatsoever arising directly or indirectly from the use of or reliance on any such information.We provide no warranty regarding any disconnection, delay, technical issue or loss of transmitted data. Further, we provide no warranty regarding non-infringement, security, fitness for purpose or freedom from computer viruses in connection with any information, photos, pictures or drawings on the Site or any other websites linked to or accessed via the Site, we accept no liability for any loss or damage howsoever arising from any use or access of the Site or any linked website or any reliance upon any Content of the Site or any linked website.

b. To the extent permitted by the Applicable Law, we and/or any other party involved in creating, producing or delivering the Site on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect, special or punitive claims, damages, costs, losses or liabilities whatsoever and howsoever arising out of or in connection with: (i) your access to, use, inability to use the Site or any other website you access through a link from the Site, (ii) change in any Content made available on or through the Site, or (iii) any actions we take or fail to take. “Content” includes but is not limited to all materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, marks, logos, and written and other materials that appear as part of the Site.

c. We shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses or other harmful component that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from the Site. If you choose to download material from the Site you do so at your own risk.

3. Usage of the Site

a. You must not, and must not authorize or permit any person or system to, post any content onto the Site that:

i. you do not have the right to post;

ii. is defamatory or in contempt of any legal or other proceedings;

iii. is misleading or deceptive;

iv. incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;

v. denounces religious or political beliefs;

vi. includes religious or political material which is or is likely to be offensive;

vii. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety;

viii. is of a menacing character;

ix. is likely to cause annoyance, inconvenience or anxiety;

x. is likely to encourage crime, public disorder, violence or hatred;

xi. is likely to damage public health, safety or morals;

xii. infringes any copyright, trade mark, patent or other intellectual property right of another person;

xiii. contains any unsolicited or unauthorized advertising or promotional material;

xiv. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or

xv. impersonates any person or misrepresents your relationship with any person.

b. You must not, and must not authorize or permit any person or system to:

i. disrupt or interfere with the Site or servers or network or other software, hardware or equipment connected to or via the Site;

ii. restrict or inhibit any other persons from using the Site; including, without limitation, by means of "hacking" or defacing any portion of the Site;

iii. modify, adapt, sub-license, archive, rebroadcast, transmit, perform, publish, create derivative works from, reproduce, distribute, copy, exploit, translate, sell, reverse engineer, move, decompile, or disassemble any portion of the Site and/or Content, including but not limited to, by removing identification, copyright or other proprietary notices from the Content, by framing, mirroring or utilizing similar techniques, or by storing or transferring Content onto any device not explicitly permitted under these terms and conditions;

iv. remove any copyright, trademark, or other proprietary rights notices contained in the Site or Content;

v. copy and/or frame any part of the Site or Content without our prior written authorization;

vi. use any portion of the Site or Content for the purposes of computational data analysis or processing, or use any robot, spider, scraper, site search/retrieval application, or other manual or automatic device or process (a) to access, monitor, copy, extract or web scrape or otherwise compile, build, create or contribute to any collection of data, data set or database using any portion of the Site or Content; or (b) to retrieve, index, data mine, gather data, extract or in any way reproduce, disrupt or circumvent the navigational structure or presentation of the Site or Content; this includes, but is not limited to, performing text or data mining for the purpose of creating or developing any artificial intelligence (AI) or machine learning model, and/or building or enabling a third party to build any business, service, or product using any portion of the Site or Content. For the avoidance of doubt, we do not consent to and prohibit any use of the Site or Content (including any data and work) for text or data mining purposes; such use is unauthorized, unlawful and a breach of these terms and conditions;

vii. hack, break into, or attempt to hack or break into, in any manner the Site or Content and/or any data areas on our server(s) or that of any third parties;

viii. incorporate any software or other materials that contain any virus, worm, bugs, time bomb, Trojan horse, or other interfering, harmful or disruptive component into the Site or Content;

ix. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site or engage in any conduct that falsely implies any sponsorship or endorsement;

x. violate any applicable law relating to your use of the Site, including all features and functionalities associated therewith;

xi. collect or store personal data about other users of the Site;

xii. use the Site and/or Content for commercial or unlawful purposes, or purposes other than your personal use or enjoyment;

xiii. circumvent, bypass, remove, alter, deactivate, degrade, obscure, disable, tamper with, block, obscure, thwart or otherwise defeat any of the protections or other functions of the Site or Content, including but not limited to the graphical user interface, any advertising or advertising features, copyright notices, and trademarks;

xiv. insert any code or product or manipulate the Site or Content in any way;

xv. upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site or Content, including but not limited to any software viruses or any other computer code, files or programs;

xvi. use the Site or Content for the creation, use, development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any machine learning tool, model, system, algorithm, product or other technology;

xvii. access or use the Site in a manner that suggests any association with our products, services or brands;

xviii. damage, disable, overburden or impair the Site;

xix. charge for use of or access to the Site or Content;

xx. use any device or apparatus which may be harmful to our network or equipment;

xxi. use our name and/or the name of others and/or The Makers to spread false information in any way which may harm others' reputation or privacy, publish false, untrue or criminal information, spread pornography, obscenity, computer viruses, engage in any illegal or commercial infringement;

xxii. violate any Applicable Law relating to your use of the Site; or

xxiii. collect personal data of other users of the Site.

c. By choosing to register for an account or membership with us, you acknowledge that some post-registration services may be subject to additional terms and conditions. Where this is the case, those additional terms and conditions:

i. will apply to your use of such post-registration services in addition to these Website Terms and Conditions; and

ii. will prevail over these Website Terms and Conditions to the extent of any inconsistency or conflict.

4. Copyright and Trademark

a. The trademarks, trade names and logos displayed on the Site are owned by MakerVille Company Limited or are licensed to be used by us. These may not be used without the written consent of the applicable entity. You are granted no right or license with respect to any of the aforesaid trademarks, trade names and logo.

b. The Site and any information available on it, including but not limited to, text, graphics, icons, images, software, source code and trademarks, are protected by copyright, design, trademark and other intellectual property rights owned or controlled by us and/or our licensors. You must not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the Contents or any part of the Site for any purpose without our prior written permission except that you may download materials displayed in the Site for non-commercial, home/personal use only as long as you keep all copyright, trademark and other proprietary rights notices intact.

5. The Makers Membership Account

a. To access exclusive The Makers benefits and make full use of website features, please register for The Makers Membership Account (“Member Account”). Registration will also allow you to subscribe to our promotional e-newsletters.

b. You:

will be strictly and solely responsible for the use of your Member Account and any use of the Site by any party who uses your login details to your Member Account will be treated by us as usage by you;
shall safeguard your login details and password(s) and ensure that they are not disclosed or provided to any other person;
agree not to disclose your login details and password or permit other persons to use your login details and password to access your Member Account and/or any Content;
authorize us to assume that any person using any Site with your username and password is either you or authorized by you to do so; and
If you wish to terminate your Member Account, please notify us via email at cs@makersweare.com.

c. We shall not be liable for any loss or damages suffered arising from the loss, theft or unauthorized use of your log-in details and/or password.

d. You accept that the use of the Member Account is personal to you. You agree not to transfer your rights and obligations under your Member Account as specified under these Website Terms and Conditions to anyone else, or to try to do so without our prior written consent. However, we may take instructions from a person who we think, with reasonable reason, is acting with your permission.

e. In addition to our rights stated under other provisions stated under these Website Terms and Conditions, we may limit or suspend your Member Account with or without notice, where we are of the opinion that such action is appropriate as a result of your use of the Site or in the event that you breach any of terms stated under these Website Terms and Conditions and/or other terms applicable to your use of the Site.

6. Personal Data

a. We collect, process, disclose, retain and use your Personal Data (as defined in the Personal Data (Privacy) Ordinance Cap 486 of Hong Kong) in accordance with the Personal Information Collection Statement and the PCCW Group Privacy Statement (http://www.pccw.com/privacy-statement/index.page?locale=en) (collectively the “Privacy Terms”). Please refer to the Privacy Terms which state about how we use, share, store and process your Personal Data.

b. By providing your Personal Data to us, you authorize us to collect, retain and use Personal Data for the purposes stated in the Privacy Terms and, more specifically, for the following purposes:

1. operating, processing, maintaining and/or managing your Member Account ;
2. verifying your identity in connection with any products and/or services that we may provide you;
3. providing to you goods and services offered by us, the Site and our partners;
4. providing you with customer service and responding to your queries, requests, feedback or claims;
5. for payment purposes of the products or services on the Site;
6. using your Personal Data to compile aggregated data for performing research or statistical analysis in order to improve our products and services;
7. with your consent, for marketing and promoting product and services as stated in the Personal Information Collection Statement;
8. establishing, maintaining and/or running any subsidiary or ancillary clubs/programs under The Makers (whether or not such clubs/programs may bear the words “The Makers” in their name); and
9. making such disclosures as may be required for any of the above purposes or as required by law or in respect of any feedback or claims made by you; and for any other purposes which you may from time to time agree.

c. When necessary, we may also disclose and transfer (whether in Hong Kong or abroad) your Personal Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations for purposes specified in Clause 6(a) above.

d. We may only use your name, phone number and email address with your consent or with your indication of no objection to provide marketing materials to you relating to the Site and/or your Member Account as well as goods and services which may be redeemed under the Site and/or your Member Account, including goods and services provided by The Makers Shop.

e. Any Personal Data which we receive about you will be retained by us and will be accessible by persons and parties stated in the Privacy Terms.

7. Cookies

Our website uses cookies or similar tracking tools on your machine or device in order for us to maintain your identity across multiple webpages and/or Internet sessions; we also use your Personal Data or data (for instance, via Google Analytics) to compile aggregated data for performing research or statistical analysis in order to improve our products and services. We do not otherwise collect your cookies or other online identifiers, whether for the purposes of personalising your user experience, monitor your behavior, predict your preferences or otherwise. Our website is initially set up to accept cookies. You can opt-out of or delete historical cookies by changing the settings on your web or device browsers; however, if you do so, you may find that certain features on our website are unable to function properly. With respect to Google Analytics, if you want to deactivate Google Analytics or opt-out, please download and install the add-on for your web browser provided by Google at http://tools.google.com/dlpage/gaoptout?hl=en; through such link, you may learn more about the opt-out and how to properly install the browser add-on, and also the Google Analytics Privacy Policy.

8. Security System

We take practically reasonable effort by employing a variety of protective measures, including encryption and verification tools to protect visitor information. For visitors' product orders, we use secure servers. All credit card information and payment-related information provided by visitors will be transmitted through Security Sockets Layer (SSL) technology and encrypted in our database.

9. Account Termination and Access Restriction

a. We can limit, suspend, end or restrict your access to your Member Account without giving you advance notice if:

1. the law requires us to do so;
2. there is an emergency that affects our ability to provide the Site and/or Content;
3. any Content is withdrawn from distribution through the Site for whatever reason;
4. we no longer hold the right to distribute the Site or any Content;
5. we fail to obtain, hold, retain or renew any relevant regulatory approvals or if any relevant regulatory approvals are revoked or if we are required by a relevant authority to cease operation of the Site or transmission of the Content; or
6. the Site and/or Content including any advertising therein fails to comply with any regulatory standards, relevant laws or any requirements or orders issued from time to time by a relevant authority.

b. In addition to our rights under Clause 9(a):

i. We reserve the right in our sole and absolute discretion to terminate your Member Account and delete relating rights and benefits, and restrict your use of all or any part of the Site for any or no reason, without notice, and without liability to you or anyone else.

ii. We reserve the right in our sole and absolute discretion to block visitors from certain IP addresses and prevent their access to the Site, and we shall not be obliged to provide reasons thereof or notice.

c. Upon termination of your Member Account, all licenses, rights and privileges granted to you shall cease. Any such termination shall not affect the applicability of these Website Terms and Conditions (which applies as long as you are using and/or accessing the Site) and all accrued rights or liabilities of each party hereto, nor shall termination affect the coming into force or the continuance in force of any provision contained in these Website Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.

d. Even if your access is barred or that your Member Account is terminated, you irrevocably give us perpetual right to continue to host on the Site Content generated by you and uploaded on the Site.

10. Links to third party apps, websites or webpages

The Site may contain links to other apps, websites and/or webpages which are operated by third parties. We have no control over the Content of the linked apps, websites and/or webpages or the way in which the operators of those apps, websites and/or webpages deal with your personal data. We shall not be responsible for the Content or accuracy of the linked apps, websites and/or webpages operated by third parties. You should review the terms and conditions/privacy policy for those third party apps, websites and/or webpages to understand the ways in which your personal data may be used by those third parties and we disclaim all responsibility and liability for any loss or damage that may be suffered by you in connection with the linked apps, websites and/or webpages. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.

11. Limitation of Liability and Indemnity

a. To the fullest extent permitted by Applicable Law, we will under no circumstances:

i. accept any liability whatsoever for any incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss resulting in connection with the Site or its Content, or any goods or services supplied and/or provided by us, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage; and

ii. compensate more than Hong Kong One Hundred Dollars (HK$100) (even if we have been negligent) for any liabilities in connection with the Site or its Content, or any goods or services supplied and/or provided by us.

b. You are obligated to indemnify us, our affiliates, agents, directors, officers, employees, Content providers, sub-contractors, licensors and/or agents against any actions, liability, costs, claims, losses, damages, proceedings and/or expense arising from, in connection with or which is related to:

i. your use or others’ use of the Site and/or its Content through your devices and/or Member Account; and

ii. any breach or non-observance of any of these Website Terms and Conditions by you.

12. Notices

a. Subject to the Applicable Law, we will give you any necessary notices by posting them on the Site. You agree:

i. to check the Site for notices; and

ii. that you will be considered to have received a notice when it is posted on the Site.

13. General Provisions

a. Products and services offered on the Site are intended for users within Hong Kong only. Please note that accordingly we are not able to service requests specific to users outside of Hong Kong, including without limitation, the payment of goods in local currencies or the delivery of any goods to addresses outside of Hong Kong. "Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China.

b. Information and promotional offers in relation to any goods and/or services may be updated on the Site from time to time without prior notice to you. All information and promotional offers displayed on the site are based on the Hong Kong time zone, in accordance with the timer on our server.

c. Use of the Site requires compatible devices and mobile data or Wi-Fi access. Your internet service provider may charge you for using mobile data or Wi-Fi. High-speed mobile data or Wi-Fi access is strongly recommended.

d. There may be some Content which is not suitable for viewing by minors. Parents or guardians, as applicable, are responsible for checking the identity and/or age of any person who wishes or intends to view any such Content before you permit that person to view such Content. Users of the Site acknowledge that they are fully aware of the potential risks that could arise under the foregoing circumstances.

e. If any provisions of these Website Terms and Conditions shall be construed to be illegal, invalid or unenforceable for any reason, such provisions shall not affect the legality, validity or enforceability of the other provisions of these Website Terms and Conditions. The illegal, invalid or unenforceable provision shall be amended to the extent necessary to make them legal, valid or enforceable or, if not possible to do so, deleted from these Website Terms and Conditions, but all other provisions of these Website Terms and Conditions shall continue in full force and effect.

f. The governing law of and exclusive forum for dispute resolution relating to these Website Terms and Conditions shall be Hong Kong law and Hong Kong courts.

g. Our failure to enforce any rights or provisions under these Website Terms and Conditions shall not constitute a waiver of such or any other provision.

h. We shall not be liable or responsible for any failure to fulfil any of our obligations due to causes beyond our reasonable control.

i. Should there be any inconsistencies between the English version and the Chinese version of these Website Terms and Conditions, the English version shall prevail.

j. Subject to Applicable Law, we can transfer our rights and obligations hereunder to any person or entity without your consent. We can also use an agent or subcontractor to perform our responsibilities.

k. A person or entity who is not a party to these Website Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the laws of Hong Kong) or any similar legislation in any jurisdiction to enforce any part of these Website Terms and Conditions.