Terms of Use

1. ACCEPTANCE OF TERMS

This web site ("Winner Food Web Site") operated by Winner Food Products Ltd ("Winner") is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Winner Food Web Site constitutes your agreement to all such terms, conditions, and notices.

2. MODIFICATION OF THESE TERMS OF US

Winner reserves the right to change the terms, conditions, and notices under which the Winner Food Web Site are offered, including but not limited to the charges associated with the use of the Winner Food Web Site from time to time without notice to you.

3.USE OF MATERIALS

The contents of the Winner Food Web Site, such as text, graphics, images, logos, button icons, links, HTML code, trademarks, software and other material (collectively, the "Materials") and the compilation (i.e., the collection, arrangement and assembly) of all Materials on Winner Food Web Site are protected under copyright, trademark and other laws applicable. All Materials and compilation thereof is the exclusive property of Winner or its content suppliers or clients. Unauthorized use of any of the Materials may violate copyright, trademark, and other laws applicable. You may not sell or modify the Materials or copy, reproduce, republish, upload, download, post, transmit, store in a retrieval system, display, publicly perform, distribute in any way, or otherwise use the Materials in any way without the Winner's prior written consent and for any public or commercial purpose.

4.COPYRIGHT COMPLAINTS

Winner respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email to us at: [email protected].

5. Your registration obligations

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Winner Food Products Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Winner Food Products Ltd. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Winner Food Products Ltd. is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience.

6. PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy.

7. MEMBER ACCOUNT, PASSWORD AND SECURITY

Upon completing the membership registration form, you will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password and/or account. You agree to:

  • Immediately notify Winner of any unauthorized use of your password or account or any other breach of security.
  • Ensure that you exit from your account at the end of each session. Winner cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

8. MEMBER CONDUCT

You understand that all information, data, text, photographs, graphics, music, sound, video, software, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Winner, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Winner Food Web Site. Winner does not control the Content posted via Winner Food Web Site and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using Winner Food Web Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Winner be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Winner Food Web Site. You agree to not use the Winner Food Web Site to:

  • post, email, upload, transmit or otherwise make available any Content that is unlawful, abusive, defamatory, harassing, harmful, libelous, obscene, threatening, tortious, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • post, email, upload, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual.
  • post, email, upload, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, intellectual property or other proprietary rights ("Rights") of any party;
  • post, email, upload, transmit or otherwise make available any unsolicited or unauthorized "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • post, email, upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Service or servers or networks connected to Winner Food Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to Winner Food Web Site;
  • intentionally or unintentionally violate any applicable Hong Kong Special Administrative Region, China or international law;
  • collect or store personal data about other users.

9. DISCLAIMER

The Materials may contain inaccuracies or typographical errors. Winner disclaims all implied and/or express warranties and makes no representations about the accuracy, reliability, completeness, or timeliness of the Winner Food Web Site or the Materials. Winner takes no responsibility and assumes no liability for the contents of the Winner Food Web Site or for anything posted on or linked to it, including without limitation, any mistake, error, omission, infringement, defamation, falsehood, or other material or omission that might offend or otherwise give rise to any claim or compliant. The use of the Winner Food Web Site and the Materials are at your own risk. Winner Food Web Site is provided by Winner on an "as is" basis. Winner will not be liable for any damages of any kind arising from the use of this Winner Food Web Site, including, but not limited to direct, indirect, incidental, punitive and consequential damages.

10. INDEMNITY

You agree to indemnify and hold Winner, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and disbursements) or arising out of the contents you submit, post to or transmit through Winner Food Web Site, your use of Winner's services, your connection to Winner Food Web Site, your violation of the TOU, or your violation of any rights of another.

11. LINKS

Winner Food Web Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Winner has no control over such sites and resources, you acknowledge and agree that Winner is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Nissin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

12. GOVERNING LAW

The Terms of Use shall be construed in accordance with, and this Agreement is governed by the laws of the Hong Kong Special Administrative Region, without regard to the Conflict of Laws provisions thereof. You agree that any claim you might have against Winner shall be bought before the courts of the Hong Kong Special Administrative Region.

13. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

14. Your registration obligations

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Winner Food Products Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Winner Food Products Ltd. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Winner Food Products Ltd. is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience.

15. MODIFICATIONS TO SERVICE

Winner Food Products Ltd. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Winner Food Products Ltd. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

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