Terms of Use

Last update: 20 June 2020

Kornhill Physiotherapy (Hong Kong BR 31220623-000-09-18-7) owns the website https://www.friendsofpolarbear.com/

In these Terms of Use (Terms) "We", "us" or "ours" refer to the owner of the website," you," or "yours" refer to the users of the website.

These Terms are an agreement between you and us. By accessing, using, and purchasing product(s) from our website, you agree to be bound by this agreement, including those Additional Terms and policies referenced herein and/or available by hyperlink and represent that you have read and understood all of these Terms. Please read the Terms carefully, and if you do not accept all of these Terms, or do not agree that the exclusion and limitation of liability set out in these Terms are reasonable, you must not use our website or purchase our product(s).

HEALTH and MEDICAL SERVICE DISCLAIMER:

All information (including texts, graphics, and images) on this website is for general informational purposes only. It does not constitute medical advice and is not a replacement for professional diagnosis and treatment. We do not attempt to practice medicine or establish a doctor-patient relationship. This website does not take into account your personal circumstances; any reliance on the information is at your own risk. If you encounter a medical emergency, please seek nearby emergency services immediately. You are urged to seek the advice of a medical professional with any questions you may have regarding your health.

Use Friends of Polar Bear website in your own risk:

The use of our website and purchase of our product(s) is solely on your own risk. Friends of Polar Bear's goals are to encourage reuse of resources and provide helpful health information, but we make no endorsement, representation, or warranty of any kind of contents, information, materials, or products. The use of our website or product(s) should not replace your own judgment and common sense.

Conduct guidelines for using the website and product(s):

You agreed that you would not use the website or product(s) for any activities, or reproduce, copy, post, or upload, emails or transmit any materials; i) in any unlawful manner; ii) that contain harmful, threatening, abusive, harassing, discriminatory, hateful, racially, invasive of other privacy, contain adult content (pornographic, obscene, sexual or graphic violent), incite or encourage criminal or terrorist activities, exploit political agendas; iii) infringes intellectual property including trademark, copyright, patent, trade secret or other rights including right or privacy, publicity, or other proprietary rights of any person; iv) cause us to disrepute;
Harms minor in any way;
Interfere with or prohibit other users using this website;
Provide false, misleading or inaccurate information to any person;
Use the website to send unauthorized email messages, junk mail, advertising, promotional materials or any other form of solicitation, opinions, or notices;
Attempt to transmit viruses, spyware, computer malware, any form of files, programs that would interrupt, destroy, tamper with, or hinder the website;
Facilitate or assist other persons to do the above act.

Intellectual property rights:

We own all intellectual property on this website, and you are not allowed to modify, alter, copy, embed the website materials on another website, or use it for any commercial purpose.

Third-party information, links, and websites:

Friends of Polar Bear cannot review or control any materials, including but not limited to third party websites, links, software, services, goods, guest articles, advertisements, or users' comments. We do not endorse, sponsor, approve and are not responsible or liable for any content in the third party website. You agreed that linking or accessing third party websites is on your own risk, and you should take precautions in protecting yourself and your computer system before accessing, downloading, or purchasing from any third party websites.

Privacy:

For information about our data practices, please read our privacy policy on the website. By agreeing with our Terms, you agree to accept our Privacy Policy.

Change to terms:

From time to time, we may change, modify, supplement, or remove portions of these Terms (Additional Terms) without notification. Such Additional Terms should become effective upon posting on the website. Your continued use of the website after the change of Terms indicates that you accept the Additional Terms. You should check the Terms regularly to ensure that you are aware of the changes and only use the website or purchase our product(s) if you accept the change and would comply with the Additional Terms.

Disclaimer of warranties:

Friends of Polar Bear on behalf of itself and its affiliates and any of its respective third-party services providers, suppliers, and licensors hereby disclaim all warranties. The products and materials on the website are provided to you without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability and/or fitness of particular purpose, title, compatibility, security, accuracy, or non-infringement. We do not warrant that your use of our products, access to the website, and all materials contained in the website, would be error-free, secure, that defect would be corrected, that the website or server which stores and transmit materials to you are free of viruses or any harmful component, or the website would be available at any time or in all time.

All content and materials, downloaded, or otherwise obtained through the "Friends of Polar Bear" is done at your sole risk, and you would be solely responsible for any damage to your computer system or devices or loss of data that results from the use of the website. Friends of Polar Bear, any of our affiliates, or suppliers warrant would not make any representations regarding the use or the results of the use of the products, content, and materials on the website in terms of their correctness, accuracy, reliability or otherwise.

Limitation of liability on the use of the website:

You expressly understand and agree that no event shall Friends of Polar Bear be liable for any direct or indirect loss, damage, incidental, special and or consequential including but not limited to loss of profit, goodwill, use, data, computer damage, system failure or other intangible losses suffered by you or third-party, or claims made against you or any third party that results from the access, use or any inability to access or use of our website.

You on behalf of yourself, your personal representatives, and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnity Friends of Polar Bear from any and all claims, action or losses, from bodily injury, property damage, wrongful death, emotional distress, loss of services, or other damages or harm, whether to you or to the third-party which may result from the use of our website.

In no event will Friends of Polar Bear's total liability arising out or in connection with these Terms or form the use or inability of use of our website exceed the amounts you have paid to Friends of Polar Bear. Any cause of action by you arising out of or relating to the use of our website or these Terms must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these terms.

For any states or jurisdictions that 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:

By using the website, you agree to defend and fully indemnify and hold us (Friends of Polar Bear officers, directors, employees, contractors, and agents) harmless from and against all claims, action, suits and demands, damages, liabilities, cost or expense (including but not limited to legal cost and expenses on a full indemnity basis) arising from i) your use or access to the website, ii) any violation of these terms, iii) your improper or unlawful use of the website, iv) your purchase of the product(s). The Indemnified Parties would have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any claim without the prior written consent of the concerned Indemnified Parties.

Reservations of right:

We reserve the right to delete any of the user's content, third-party information or third-party link, or block any users who violate these terms, or for any other reason (including but not limited to: breaches the law or intellectual property rights of anyone), any time without notice, on our sole discretion.

Delays or termination of the website:

We are not responsible for any delays or interruption of the website. We do not warrant that the website would be available at all times and at any given time. We may, at any time, discontinue the website in whole or in part without notice and are not responsible for any loss, cost, damage, or liability that results from our termination of the website to you.

Termination of Terms:

Upon your use of our website, these Terms would remain in full force and effect until terminated by us. We may terminate your use of our website anytime without notice according to these Terms. All Terms that by their nature may survive termination (including but not limited to: intellectual property, disclaimers, limitations of liability, governing law and venue) shall be deemed to survive such termination.

Governing law and venue:

These Terms should be governed and constructed in accordance with the laws of Hong Kong, without giving effect to any principles of conflict of laws. You agree that any action at law or in equity arising out of or relating to your use of these Terms shall be filed only in Hong Kong, and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating of any such action. The website may be accessed in Hong Kong and overseas. We made no representation that the website complies with the law of any country outside Hong Kong. If you access the website from outside Hong Kong, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.

Enforceability:

If any provision of these Terms shall be found by a court of competent jurisdiction to be unlawful, invalid, void, or voidable, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Disputes:

Friends of Polar Bear want to address your concerns without needing a formal legal case. You agree to try to resolve any dispute by contacting us as friendsofpolarbear@gmail.com before you file a claim against us. We would try to resolve the disputes informally by contacting you through email.

Additional Terms of sale (Terms of sale):

These Additional Terms of sale apply to all purchases of physical product(s) from Friends of Polar Bear and are incorporated into the Terms and made part of the Terms. All orders placed subject to Friends or Polar Bear's acceptance. We may accept, decline, or place limits to your order for any reason.

Orders:

You can place orders via our website https://www.friendsofpolarbear.com/. We would collect your personal information, including your name, phone number, email address, shipping and billing address, and information that we need to process your order. When you place an order, Friends of Polar Bear third-party payment service (Paypal/Stripe) would collect your credit card information and charge your credit card account in connection with the order, and you agree to make all applicable payments. Friends of Polar Bear would not store your credit card information. We would store your shipping address to process your order through our fulfillment partner. By placing an order through our website you agree that: i) you would pay the applicable price listed, as well as any delivery charges and applicable taxes; ii) any credit card information supplied by you is accurate and complete.

After you place an order, you would receive an email from Friends of Polar Bear confirming that we have received your order. The email would contain shipping confirmation, carrier information, and tracking number.

Friends of Polar Bear Reserve the right not to accept your order for any reason or no reason.

Pricing and conditions:

Friends of Polar Bear can withdraw product(s) from our store at any time and for any reason. Prices listed at our store are stated in Hong Kong dollars. All product prices are subject to change at any time.

Delivery:

Friends of Polar Bear would pack the products in accordance with its standard practices. We are using Hong Kong Postal Services as our prime shipping provider. The Hong Kong post parcel e-Express will take 6-28 working days to deliver. You can choose the method of shipment after communicating with us and would be charged shipping and handling charges accordingly. Title to the products and risk of loss would pass to you upon Friends of Polar Bear's delivery of the products to the carrier. You acknowledge that all scheduled shipment dates are estimates only, and they cannot be guaranteed. There is no event will Friends of Polar Bear be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.

Return Policy:

If you are unsatisfied with our product(s), you can inform us by email within 7 days upon receiving our product(s). You should return the product(s) to us, and be responsible for the shipping fees. We would refund fully for undamaged product(s) in their original packing.

In case you ask to cancel an order (before the product is shipped), a fee of 10% would be deducted from the total amount of the order due to a cancellation fee of the credit clearing company.

Limited liability on product(s):

In no case shall Friends of Polar Bear, our directors, employees, affiliates, agents, suppliers, service providers or licensors be liable for any injury, wrongful death, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind ( including, without limitation to, lost profits, revenue, savings, data, or any similar damages) whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our product(s), or for any other claim related in any way to your use of our product(s) (including, without limitation 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 product(s), or its contents), even if advised of their possibility. For any states or jurisdictions that 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.

In no event will Friends of Polar Bear's total liability arising out or in connection with these Terms or from the use or inability of use of our product(s) exceed the amounts you have paid to Friends of Polar Bear. Any cause of action by you arising out of or relating to the use of our product(s) or these Terms must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these terms.

Friends of Polar Bear service providers:

Friends of Polar Bear is using Wix, Paypal, Stripe, and Hong Kong Post e-Express to fulfill our services. Please read their Terms of Use here before agreeing to use our services:

For any questions or notice, please contact us at:

Kornhill Physiotherapy

Room 1002, Eastern Centre, 1065 King's Road,

Quarry Bay, HK

Email: friendsofpolarbear@gmail.com