Terms of use

Terms of Use


TERMS OF USE (Last updated: July 2018)


This website, together with its mobile versions and applications (the "Site"), is owned and operated by balansvital.com (the "Company"). These Terms of Use govern your use of the Site. All purchases of products and services made through the Site are governed by the Terms of Purchase of the relevant Company website, which are incorporated herein by reference. In addition, your use of the Site is governed by the Privacy Notice, likewise incorporated by reference.

Throughout the Site, the terms "we", "us" and "our" refer to the Company. The Company provides the Site, including all information, tools and services available on it, to you, the user, subject to your acceptance of these Terms of Use. Your continued use of the Site constitutes acceptance of these terms. If you do not wish to be bound by them, please do not use the Site.

PLEASE READ THESE TERMS OF USE CAREFULLY, TOGETHER WITH THE PRIVACY NOTICE AND THE OTHER POLICIES AND AGREEMENTS REFERRED TO HEREIN, BEFORE USING THE SITE. BY USING THE SITE YOU AGREE TO THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET OUT IN THE DISPUTE RESOLUTION SECTION BELOW.

Accuracy of Information


You represent that all information, data and other materials you provide to the Site or otherwise to the Company are true, accurate, current and complete. You are responsible for promptly updating and correcting any information you have provided.

Privacy Notice


A copy of the Privacy Notice, governing the collection, use, disclosure and processing of personal data on the Site, is available at: http://www.balansvital.com. You agree that your personal data obtained by us through the Site, email, telephone or other means shall be collected, stored and processed in accordance with the provisions of the Privacy Notice.

Licence and Access to the Site


All content on the Site (text, design, graphics, logos, icons, images, audio files, downloads, interfaces, code, software and their arrangement) is the exclusive property of the Company, its licensors or content providers, and is protected by copyright, trade mark and other applicable laws.

The Company grants you a limited licence to access and make personal use of the Site. Unless otherwise stated, you may view, copy, download and print content for personal, non-commercial purposes, provided that you do not alter or remove any copyright notices, trade marks or other proprietary rights notices. The Company retains full rights over all content and grants access to it under a licence that is revocable at any time.

The following are strictly prohibited:

  • Copying, downloading or using content in competition with the Company or for the benefit of third parties;
  • Unauthorised linking to, caching or framing of the Site's content;
  • Modifying, distributing, transmitting, publishing, reverse engineering, selling or creating derivative works from protected content;
  • Uploading viruses, malicious code or programs that disrupt the operation of computer systems;
  • Using scraping, bots and other tools for the unauthorised collection of data;
  • Actions that burden or damage the Company's infrastructure.

You are responsible for arranging access to the Site, including any internet service and equipment charges. Circumventing access-restriction measures is prohibited. Unauthorised access results in the immediate withdrawal of the licence granted to you.

The Company reserves the right to refuse registration, remove users, or restrict access to the Site at any time and without notice.

User-Submitted Content


You are solely responsible for any content you post or submit through the Site, including its legality, accuracy, originality and copyright. It is prohibited to upload confidential, defamatory, offensive, discriminatory, unlawful or harmful information, or content that infringes the rights of third parties.

You may not use false data, impersonate another person, or mislead as to the origin of the content posted.

By posting content (excluding personal data), you grant the Company an unlimited, worldwide, royalty-free and transferable licence to use, distribute, modify and create derivative works from that content. You represent that you own all rights necessary to grant this licence.

Links to External Sites


The Site may contain links to third-party platforms not affiliated with the Company. These links are provided for your convenience only. We are not responsible for the content, products and services of external sites, nor for any damages arising from their use. External platforms may have their own terms of use and privacy policies.

Disclaimer of Warranties


Except as expressly stated, and to the maximum extent permitted by law, the Company makes no express or implied warranties regarding merchantability, fitness for a particular purpose or non-infringement of third-party rights.

Use of the Site is entirely at your own risk. The platform and its content are provided "as is" and "as available". We do not guarantee uninterrupted operation, security, freedom from viruses or the absolute accuracy of information. Downloading files and content carries risks to your device and data, for which we bear no responsibility.

Some jurisdictions do not permit a complete disclaimer of warranties, so some of these provisions may not apply to you.

Limitation of Liability


You agree that you bear full responsibility for your use of the Site, communications with third parties and products purchased. Information transmitted through the Site is not guaranteed to be secure and may be intercepted.

To the extent permitted by law, the Company and its partners shall not be liable for direct, indirect, incidental, punitive or consequential damages — including lost profits, loss of data, business interruption, system damage and other losses — arising from use of the Site, even if we have been advised of the possibility of such risks.

All disputes relating to the Site must be brought within one year of the date on which the cause of action arose.

Indemnification


You undertake to defend and indemnify the Company against all claims, damages, fines, legal fees and expenses arising from your breach of these Terms of Use, the Terms of Purchase, fraud, gross negligence, or breach of applicable law and third-party rights. You may not settle any dispute without the Company's prior written consent.

Electronic Communications


When using the Site or sending emails to the Company, the communication is electronic. You agree to receive all notices, agreements and information electronically, and that these carry the same legal force as documents in writing. All communications from the Company are deemed delivered upon being sent to the email address you have provided.

Postings on the Site


The Site may permit the posting of user messages. The Company has no obligation to review user-submitted content and bears no responsibility for it. At our discretion, we may monitor, refuse to publish, or remove inappropriate content.

Trade Marks and Copyright


All logos, trade marks and brand marks on the Site are the property of the Company or its partners. Their use without written permission is prohibited. You may not use frames, hidden metatags or other techniques for the unauthorised incorporation of content from the Site. All content is protected under intellectual property law.

Intellectual Property Infringement Claims


The Company respects intellectual property rights. Where repeated copyright infringements are established, we reserve the right to terminate access to the Site. If your rights have been infringed, please send written notice to our copyright agent, including all necessary details and evidence.

Contact:

FLAT/RM A 12/F ZJ 300, 300

LOCKHART ROAD, WANCHAI, Hong Kong

Email: service@balansvital.com

Survival of Provisions


All provisions that by their nature impose ongoing obligations shall survive the termination of these Terms of Use.

Force Majeure


The Company shall not be liable for any delay or failure to perform its obligations caused by natural disasters, wars, acts of terrorism, strikes, quarantines, embargoes and other events beyond our control.

Risk of Loss


Products purchased through the Site are shipped by external couriers. Risk of loss or damage to goods passes to you at the moment the shipment is handed over to the courier company.

Dispute Resolution


By using the Site, you agree that all disputes shall be resolved by arbitration under the UNCITRAL Rules; the laws of the Hong Kong Special Administrative Region shall apply; the arbitration shall be conducted in Hong Kong before a sole arbitrator, in the English language.

General Provisions


If any individual clause is found invalid, the remaining provisions shall remain in full force and effect. Section headings are for reference only. This agreement is governed by the laws of Hong Kong.

The Company's failure to exercise any right does not constitute a waiver of that right. If your use of the Site conflicts with local law, you must discontinue access.

Changes to the Terms of Use


The Company may update and amend these terms at any time by posting the revised version on the Site. It is your responsibility to check regularly for changes. Continued use of the Site following any update constitutes acceptance of the new provisions.

Assignment


You may not assign your rights and obligations under these terms without the Company's prior written consent. The Company has the right to freely assign its obligations and rights to third parties.

Entire Agreement


These Terms of Use constitute the entire agreement between the parties and supersede all prior oral and written arrangements. In the event of a conflict with additional terms, the specific provisions shall prevail. The printed version of these terms is valid for judicial and administrative proceedings.

Contact Us


For questions regarding the Terms of Use, please contact the legal department of PEAK SPIRIT LIMITED at: service@balansvital.com.