TERMS OF USE
Terms of Use Updated August 2024
About PICS and these Terms of Use
PICS Group Limited has its registered office at Unit A5, 4/F, No. 4 Heung Yip Road, Wong Chuk Hang, Hong Kong The websites and mobile applications (together the “Platforms”) are owned and edited by PICS Group Limited.
These terms of use (“Terms of Use”) govern your use of PICS “Platforms”). In these Terms of Use, we use the term PICS, PICS Fine Jewellery, "we", "us" and "our" to refer to the head office of PICS Group Limited at the registered address above and its affiliates.
Please read these Terms of Use carefully before using the Platform. By using the Platform, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorised to continue use of the Platform.
Updates to these Terms of Use
We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platform. Any new version of these Terms of Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use the Platform, you agree to be bound by the terms of these updates and amendments.
Our privacy policy
Our information collection practices on the Platforms, such as the types of information we collect regarding visitors to the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy.
PICS e-Boutique – Conditions of Sale
Customers purchasing products online or by phone through the PICS Client Relations Centre must read the Conditions of Sale, which will govern the terms and conditions of any such purchases. The provisions entitled "Limitation of liability" below do not cover the sale of products online or over the phone and please refer to the Conditions of Sale for the relevant exclusions and limitations of liability.
Use of materials on the Platforms
PICS has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of PICS products displayed on the Platforms are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, PICS cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products.
You may download one computer copy or print one copy of the material made available to you via the Platforms, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as PICS’s creations or products, images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("PICS Material") are owned by PICS and protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any PICS Material in any way for any public or commercial purposes. Furthermore, PICS Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use PICS Material will automatically terminate and any copies made of PICS Material must be immediately destroyed. Any unauthorised use of PICS Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Your submissions and unsolicited communications
This section concerns communications sent to PICS. It does not concern the communication of personal information to PICS in relation to customer enquiries, the use of services or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.
Any unsolicited communication or material that you transmit to PICS via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by PICS. By sending communications to PICS, you automatically grant PICS a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by PICS and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
Limitation of liability
This section applies to the Platforms and not to the products that may be sold online or by phone by one of our local or regional markets.
PICS tries to ensure that the information provided is accurate and complete. However, we do not warrant or represent that PICS Material is accurate, error-free or reliable or that use of PICS Material will not infringe rights of third parties.
PICS does not warrant that the functional and/or technical aspects of the Platforms or the PICS Material will be error free or that the Platforms, PICS Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or PICS Material results in the need for servicing or replacing property, material, equipment, data or other element, PICS is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. PICS and its suppliers make no warranties about the PICS Material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.
To the fullest extent permitted by applicable law, PICS shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if PICS has been advised of the possibility of such damages.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
Trademark notice
In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on the Platforms are registered, unregistered or otherwise protected PICS trademarks or are licensed for use by PICS by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any licence or right to use any trademark without PICS’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.
Copyright notice
All content (including PICS Materials) on the Platforms are either Copyright © PICS or are licensed for use by PICS. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.
Links & linking
The Platforms may contain links to other platforms operated by third parties not affiliated to PICS. The inclusion of any link to such third party sites does not imply endorsement by PICS of those sites. PICS has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third party sites then this is at your own risk.
PICS does not authorise linking to any of its Platforms from a third party platform without its express prior written authorisation.
Termination and suspension
You agree that PICS may terminate or suspend your access to and use of the Platforms if PICS reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of PICS, its affiliated companies or any third party, with or without notice to you. You agree that PICS may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that PICS will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Limitation of liability" and "General provisions" will survive termination of these Terms of Use.
General provisions
Unless otherwise specified, the information and PICS Materials presented on the Platforms are presented solely for the purpose of promoting PICS’s products and services and in certain cases to present products for sale via a variety of means. PICS makes no representation that PICS Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to PICS Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.
If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.
These Terms of Use constitute the entire agreement between you and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter. The waiver by PICS of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.
Applicable law and jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong S.A.R., without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use. Where the laws of Hong Kong S.A.R. are different to the mandatory consumer laws in your own country, we will afford you with similar protection.
Disclaimer
This policy has been translated into Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.
Contact us
If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.
Tel: +852 6012 8183
E-mail: info@picsfinejewellery.com