Terms & Conditions
1. TERMS AND CONDITIONS
It is important that you read these terms and conditions carefully before you purchase from Jett Foods Asia Limited trading under Jettfoods.com (“Site”, “we”, “us” and “our”). If there is anything in these terms and conditions that you do not agree with then you must immediately stop using the site. We advise that you keep a copy of these terms and conditions for future reference. By using the Site and the services offered by us on the Site as described in clause 2 below (Services), you agree to be bound by these terms and conditions. We may revise these terms and conditions from time to time and if you do not agree to any change to these terms and conditions you must immediately stop using the Site. Revised terms will take effect when they are posted.
The Site sells food products (among other things), provides information, articles and associated goods and services. Customers must have a final order total of $200 (after any discounts) in order to checkout and proceed to payment.
You agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site, or your violation of any of these terms and conditions.
4. USE OF THE SITE IS AT YOUR OWN RISK
(a) You use the Site at your risk. You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. In particular:
(i) we endeavour to provide a convenient and functional Site but we do not guarantee that your requirements will be met or that any content will be uninterrupted, error free or that the Site or the server that operates them are free of viruses or other harmful components; and
(ii) while we may attempt to keep information on the Site current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on the Site.
(b) If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
(c) Without limiting the above provisions, to the extent permitted by law, everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under applicable law.
5. LIMITATION OF LIABILITY
(a) To the maximum extent permitted by law:
(i) we have no liability to you, whether for breach of these terms, in negligence, in any other tort, in equity or for any other common law or statutory cause of action arising in relation to these terms, the Site or any related content;
(ii) we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know of the possibility of such damage; and
(iii) our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:
A. in the case of goods:
(A) the replacement of the goods or the supply of equivalent goods;
(B) the payment of the cost of replacing the goods or acquiring equivalent goods; and
B. in the case of services:
(A) the supply of the services again; or
(B) the payment of the cost of having services supplied again.
(b) Subject to our obligations under any implied conditions and warranties referred to in paragraph (a)(iii), our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, is limited to HKD400. In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied conditions and warranties referred to in paragraph (a)(iii).
(a) We reserve the right to modify, vary or terminate these terms and conditions. In the event of any dispute, our decision shall be final and conclusive.
(b) Decisions of staff and management about any aspect of these terms and conditions will be final and conclusive.
(c) These terms and conditions set forth the entire agreement and understanding of the parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these terms and conditions. No party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these terms and conditions.
(d) These terms and conditions are governed by the laws in force in Hong Kong. You agree to submit to the exclusive jurisdiction of Hong Kong courts.
(e) These terms and conditions have been translated into Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.