Terms Of Service

 

OVERVIEW

This website is operated by Cerynne Beauty Limited. Throughout the site, the terms “we”, “us” and “our” refer to Cerynne Beauty Limited. Cerynne Beauty Limited offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on WIX.com. They provide us with the online e-commerce platform that allows us to showcase our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please refer to Appendix I within this page.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Cerynne Beauty Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions 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.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Cerynne Beauty Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong SAR.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at cs@cerynne.com.hk

Appendix I

 

Privacy Policy Statement

 

Statement of Policy

Cerynne Beauty Limited (“Cerynne”) pledges to comply with the requirements of the Personal Data (Privacy) Ordinance (Cap.486) of the Laws of Hong Kong. In doing so, we will ensure compliance by our staff with the strictest standards of security and confidentiality.

When we collect personal data from individuals, we will provide them with a Personal Information Collection Statement ("PICS") on or before the collection in an appropriate format and manner.

 

Collection of Information

You may be invited to provide your personal data when you visit Cerynne Beauty Limited (“Cerynne”) website or when you order our services for different purposes. If you are under the age of 18, you should obtain consent from your parent or guardian before you provide Cerynne with your personal data.

 

Statement of Practice

Your personal information collected and held by us will be used for the purpose of processing your bookings, enquiries, job applications, newsletter subscription, enquiries about Cerynne’s event invitation.

We will not provide your personal data to third parties for direct marketing or other unrelated purposes without your consent.

 

Kinds of Personal Data Held

Your personal details, including names, contact information and all other related information submitted are collected and held by Cerynne. 

Main Purposes of Keeping Personal Data

Personal data held in:

Booking enquiry records are kept for the purposes of responding to and processing booking enquiries and taking follow-up action;

General enquiry records are kept for responding to enquiries from individuals of the public;

Job application records are kept for processing job applications;

Subscription records collected on webservers are kept for the purpose of sending newsletters to subscribers registered through the websites;

Information Collected When You Visit Our Websites

Use of cookies

When you visit this website, we may use cookie files to store and track information about your location, IP address, browser type, domain name and access time of managing and improving the design of the website.

When you browse this website, cookies will be stored in your computer's hard drive. The purpose of using cookies is to facilitate the successful redirection to the correct page upon your clicking on the changing banner. We do not collect or store any personal data from you under this circumstance. You have a choice not to accept the cookies, but if you do, certain functionality, i.e. banner redirection, may not be available. 

 

Accuracy of Information

You may be requested to provide to Cerynne certain personal data (particularly relating to your contact information) for specific services. If you fail to provide update information as requested for each specific service, the provision of such services by Cerynne may be affected.

 

Statistics on visitors to our websites

When you visit our website we will record your visit only as a “hit”. The webserver makes a record of your visit that includes your IP addresses (and domain names), the types and configurations of browsers, language settings, geo-locations, operating systems, previous sites visited, and time/durations and the pages visited (visitor data). We use the visitor data for the purpose of maintaining and improving our websites such as to determine the optimal screen resolution, which pages have been most frequently visited etc. We use such data only for website enhancement and optimization purposes. We do not use and have no intention to use the visitor data to personally identify anyone.

 

Outsourcing Arrangements

Cerynne’s email marketing solution system is developed and maintained by a third-party service provider. The third-party service provider may access to personal data stored in the system without identification of the data subject.

Cerynne’s websites are developed and maintained by in-house staff and a local third-party service provider WIX.

All Cerynne service providers are bound by contractual duty to keep confidential any data they come into contact with against unauthorized access, use and retention.

 

Our Commitment to Personal Data Security

Cerynne takes appropriate steps to protect the personal data we hold against loss, unauthorized access, use, modification or disclosure.

To prevent unauthorized access and ensure the correct use of the personal information we collect, Cerynne has implemented appropriate physical, technical, and administrative measures to safeguard and secure the personal data we collect.

We use industry standard practices to protect the personal information we collect. For example, we use encryption, firewalls and Secure Socket Layer (SSL) technology to protect in transmission the personal data we collect online.

Notwithstanding the foregoing, no data transmission over the Internet or any other public network can be guaranteed to be completely secure, and privacy cannot be assured in your communication with us.

 

Disclosure of Personal Data

The personal information we collect about you will not be disclosed by us to any other party without your prior consent.

Where permitted by applicable local law, we may also disclose your personal data to third parties:  (i) when required by law, by court order, or in response to a search warrant or other legally valid inquiry; (ii) to an investigative body; (iii) to enforce our agreements with you; (iv) with your express consent, or, (v) pursuant to our good faith belief that disclosure is required by law or otherwise necessary to the establishment of legal claims or defenses, to obtain legal advice, to exercise and defend our legal rights, to protect our rights or property and those of our subsidiaries or associated companies, or to protect the life, body or property of an individual. This also applies when we have reason to believe that disclosing the personal data is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.

 

Retention of Information

Cerynne will retain your personal data collected for a period no longer than necessary for the fulfillment of the purposes for which it is or is to be used. Different retention periods apply to the various kinds of personal data collected and held by Cerynne. The above is subject to any legal, statutory, regulatory or accounting requirements.

 

Third Party Websites

Cerynne website may from time to time contain linkages to other websites. These other websites are independent from Cerynne website. Cerynne has no control or management over the contents of such other websites or their privacy policies or compliance with the law. You should be fully aware that the provisions of such links do not constitute an endorsement, approval, or any form of association by or with Cerynne. Cerynne has no control over your personal data submitted by you, if any, to other websites. This Privacy Policy Statement only applies to Cerynne website. You should read the respective privacy policies of other websites.

 

Notice on Direct Marketing

Occasionally, we may use your personal data (including your name and contact details) to send you marketing communications such as emails containing news, offers, promotions and joint marketing offers. 

We cannot use your personal data unless we have received your consent or indication of no objection.

You can indicate your consent by providing us with your personal data through the Subscription Form on our website, ticking boxes indicating your consent or

You can opt-out from receiving marketing communications at any time, free of charge, by:

 a. following the opt-out instructions contained in the communications;

 b. writing to our Senior Manager – Corporate & Marketing Communications at cs@cerynne.com.hk

 

Access and Correction of Information and Withdrawal of Consent

You have the right to request in writing to Senior Manager – Corporate & Marketing Communications at cs@cerynne.com.hk of Cerynne:

a. for access to your personal data held by Cerynne (if any);

b. require Cerynne to correct your personal data that is inaccurate (if any); and

c. withdraw your consent to the use of your personal data (such withdrawal may, however, affect our services to you).

All such requests will be handled promptly in accordance with the requirements of the Personal Data (Privacy) Ordinance, at free of charge.

 

Enquiries

Any enquiries regarding personal data privacy policy and practice may be addressed to Senior Manager – Corporate & Marketing Communications at cs@cerynne.com.hk or telephone number 2157 0712 during office hours.

We keep our Privacy Policy Statement under regular review. This statement was last updated on 1 June 2021.

 

Provisions relating to individuals based in the EU

If you are based in the EU, you have a number of additional legal rights in relation to the personal information that we hold about you. These rights include:

Right to obtain certain information:  

You have a right to obtain certain information about our processing, including: the purposes of processing the data; the categories of personal data processed; the recipients who receive your personal data; how long we store your personal data or the criteria we apply to determine retention periods; information on the source of the data where it is not collected directly from you; information on the safeguards we use to secure cross-border transfers; and whether we use automated decision making.

Right to receive a copy (data portability): 

You have a right to receive a copy of any personal data which we process about you, in a commonly used and machine-readable format. This extends to the right to request that we transmit your personal data to another data controller, where technically possible. Please note that there may be circumstances in which we are entitled to refuse requests for access to copies of personal information.

Right of erasure: 

You have a right to request the erasure of your personal information in certain circumstances (including where it is no longer necessary for us to retain your personal data for the purposes for which we collected it; or where you withdraw your consent).

Right to restrict data processing: 

You have a right to restrict the processing of your personal data in certain circumstances (including where you contest the accuracy of the data).

Right to object to data processing: 

You have a right to object to the processing of your personal data in certain circumstances (i.e. for direct marketing purposes or for statistical purposes).

Right to withdraw your consent: 

You have a right to withdraw your consent at any time, although this will not affect the lawfulness of any processing carried out before the withdrawal.

Right to lodge a complaint: 

You have a right to raise a complaint with the relevant data protection authority, if you think that any of your rights have been infringed by us.

Right to not be subject to automated decision-making: 

You have the right not to be subject to automated decision-making in relation to your personal data. We can confirm that we do not use automated decision-making.

Right to be notified of a data security breach: 

You have a right to be notified in the event of a personal data breach which is likely to result in a high risk to your rights.”

 

English Version

If there is any inconsistency or conflict between the English and Chinese versions of this Privacy Policy Statement, the English version shall prevail.

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