Terms and Conditions of Use

OUT OF COLOURS (“we”, “our” or “us”) operates and provides the content on www.outofcolours.com (the “Website”) to you subject to the following terms and conditions and the Privacy Policy (collectively as “the Terms of Use”). We advise you to read the Terms of Use carefully before continuing. Accessing, browsing or using of this Website for any purpose indicates that you have read, understand and agree without limitation, to be bound and to abide by the Terms of Use. If you do not agree to our Terms of Use, please do not use this Website.

Website Content

The content that we provide on this Website, including, but not limited to, advertisements, product information, service information, images, videos, music, recommendations, promotions, questions and answers, etc.

OUT OF COLOURS strives our best to obtain accurate, complete, and up-to-date information from our licensors. However, we are not liable for the accuracy and reliability of any information content, services or products provided from our licensors.

Any content provided on this Website is not meant to serve as a substitute for professional medical advice. OUT OF COLOURS suggests that you consult your doctor or any qualified healthcare professional prior to using any of the products and services (“Services”) offered on this Website or relying on them.

The Content and Services offered on this Website are for consumer use only. No Content or Service may be used or resold for benefit of any kind without prior written authorization from us.

All of the Services purchased should be used in accordance with the instructions, guidelines and precautions provided by the related manufacturer or OUT OF COLOURS. If you have doubts as to whether any of the Services mentioned here is suitable for you, you should consult your doctor or qualified healthcare professional prior using the Service.

Intellectual Property

All content of this Website including, but not limited to, trademarks, logos, product pictures, images and videos (“Materials”) appearing on this Website are the property of their respective owners and may not be copied, imitated, edited or used, in whole or in part, without prior written authorization from the related licensors and us. Using any one of such Material without prior written authorization is unlawful and we expressly reserve all rights to take legal action against such infringement.

Third Party Links/Websites

This Website may contain links to other internet websites that are owned, prepared and operated by third parties. OUT OF COLOURS does not monitor, approve or have any control over the content of these websites and does not represent or warrant, either express or implied, the accuracy of any information contained in any third party website. OUT OF COLOURS bears no responsibility or liability for any possible loss or damage caused in connection with your use of these websites. You agree that your use of these thirty party links/websites will be at your own risk.

Users Responsibilities

You may choose or be required to register for an account in order to use some of the Services and/or content on the Website. Registration of an account signifies that you agree to the followings:

accept full responsibility and liability for all activities that occur under your account;

provide and maintain update, complete, accurate and truthful information as required;

you are at least 18 years old or with parental consent and guidance at time of use;

anything that you submit or post to the Website and/or provide to OUT OF COLOURS, including, but not limited to, comments, reviews, questions, techniques, ideas, know-how, suggestions, images and videos (the “Submissions”), other than the personally identifiable information as mentioned in the Privacy Policy, will be treated as non-proprietary and non-confidential. And by submitting such Submissions you hereby grant us a non-exclusive, royalty-free, perpetual, worldwide, transferable, irrevocable, and fully sub-licensable right to use them in any way, even in a manner not agreeable to you, at our sole discretion and without prior notice to you;

all of your Submissions shall automatically become the sole and exclusive property of OUT OF COLOURS and shall not be returned to you;

by posting your Submissions, you represent and warrant that you have the lawful right to distribute and reproduce such Submissions;

accept any liabilities and to compensate OUT OF COLOURS, our staff and demand from related third parties for any loss, damages and expenses arising from any third party claim, action, or demand resulting from your (or anyone acting under your account) use of the Website;

you agree to indemnify OUT OF COLOURS for any loss, damages, and expenses resulting from any of your action or inaction that causes any unreasonable burden or load on the infrastructure of our Website;

you would not make any commercial use of the Content of this Website for the benefit of another business or yourself unless with prior written authorization from us;

OUT OF COLOURS does not oblige to but reserves the right to monitor and review any Submissions and the right to restrictions of posting of certain Submissions, at our sole discretion;

OUT OF COLOURS does not exercise editorial control over any Submissions and that OUT OF COLOURS shall have no responsibility or liability of any kind in connection with such Submissions;

The Submissions post by you or other users does not reflect or represent the opinion of OUT OF COLOURS;

OUT OF COLOURS reserves the right to terminate, refuse, restrict or suspend your access to your account, at our sole discretion without prior notice if you breach any of our Terms and Conditions or if it is for the best interest of any third party and OUT OF COLOURS.

Prohibited Activities

Users are prohibited from transmitting any unsolicited promotions, advertisements, obscene information, computer viruses or illegal information of any kind (“Prohibited Conduct”) through www.outofcolours.com that would encourage, cause or lead to misconduct, nuisance, damage or unlawful acts. Upon discovery or reporting of Prohibited Conduct, we reserve the right to discontinue providing the Service or suspend any customers or users from using or browsing our Website and may report such Conduct to the law enforcement authority at our sole discretion without prior notice.

Minors Policies

If you have not reached 18 years old or if you are unable to bear legal liability; you should consult your parents or guardian about our Terms of Use before using this Website. Further, you should not provide us with your personal information prior to obtaining consent from your parents or guardian. Parents, guardians and persons who are responsible for supervising minors should screen and decide what materials or topics are appropriate for minors before allowing them to view, request for free product samples or make a purchase afterwards.

Dispute

All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of the Terms of Use, including but not limited to any breach thereof, shall be referred to mediation before the initiation of any adjudicative action or proceeding, including arbitration.

Amendments

OUT OF COLOURS reserves the right to change any of the terms of the Terms of Use at any time at our sole discretion. Any changes of the Terms of Use will be effective upon its posting on the Website and the date of “Last Updated” shall be seen on the bottom of the revised page. Your continued use of our Website following the posting of the revised or amended Terms of Use shall signify your acceptance of such changes.

Disclaimer and Limitation of Liability

We do our best to provide accurate, complete and up-to-date information on our Website; however, we cannot guarantee or warrant, whether express or implied, that the Content of our Website is error free or uninterrupted by technical difficulties. We accept no liability to any loss or damages of any kind arising from the use of our Website or reliance on the Content provided by this Website, whether directly or indirectly.

For the avoidance of doubt, to the extent permitted by law, in no event will OUT OF COLOURS, its suppliers, or other third parties mentioned at this Website be liable for any damages whatsoever (including, and without limitation to, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the result of use of our sites, any web sites linked to our sites, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. You acknowledge and agree that neither OUT OF COLOURS nor its members, officers, employees or agents will be liable for any loss or damage as to servicing, repair or correction of equipment or data arising out of or resulting from your use of or the materials or information from our sites. You hereby release OUT OF COLOURS to the fullest extent from any such liability, loss, damage or claim.

These Terms and Conditions of Use shall be governed by the law of Hong Kong Special Administrative Region.

If there is any inconsistency between the English version and the Chinese version of the Terms and Conditions of Use, the English version prevails.

Use of this site signifies your agreement to the Terms and Conditions of Use and Privacy Policy.