Disclaimer and Notice

Notice and Disclaimer

1. Application

This notice applies to:

the use of www.watsmall.com and www.watsmall.com.hk;
all materials, information stored on or receivable through this or any other www.watsmall.com and www.watsmall.com.hk server ("Information"); and
any goods or services offered, accessed or obtained through WatsMall website (www.watsmall.com and www.watsmall.com.hk ), the mobile app (collectively "WatsMall") by you ("the User"). This notice limits the liability of Watsons Water, a division of AS Watson Group (HK) Limited and its associated companies, subsidiaries, employees, agents, contractors and any third party Information provider (collectively "AS Watson") in relation to any such use, Information, goods and services.

2. Intellectual Property Rights

2.1 The copyright, database rights, trade marks, domain names and other intellectual property rights in the Information in WatsMall belongs to or is licensed to us (“IPR Content”).

2.2 The IRP Content may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User's responsibility to determine whether any such infringement ("Copyright Infringement") will occur.

2.3 You are not permitted to copy or adapt the IPR Content, layout or code of WatsMall, or create an archive or database containing all or parts of the IPR Content for any business purpose or other commercial exploitation, without our specific consent.

2.4 We reserve all rights in and to the IPR Content, including the right to revoke at any time any authorisation or consent granted by us.

3. General Disclaimer

AS Watson expressly disclaims any responsibility, representation or warranty:

in relation to the quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, WatsMall or the Information;
in relation to any goods or services accessed, offered or obtained through WatsMall or pursuant to the Information;
that any access to WatsMall or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties;
that the Information will not be objectionable or offensive to the User or any other person;
for any error, omission or misstatement in or arising from the Information. AS Watson does not endorse or recommend any person, organisation, name, product or service referred to in the Information, nor does the Information constitute AS Watson's views or opinions;
AS Watson will not be a party to any transaction between the User and any third person in any way relating to the Information or made through WatsMall unless and only to the extent expressly stated in writing otherwise.

4. Third Party Merchants

We may have on-line stores or service providers hosted in WatsMall which are operated by third party merchants, such as Supplier Direct. If you want to use, order or receive any services and/or products from any of them, please note that any personally identifiable information you provide, once transferred to the relevant merchant, is beyond our control and thus outside the scope of protection afforded by us.

5. Third Parties Websites

WatsMall may contain materials produced by third parties or links to other websites. AS Watson accept no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to WatsMall) which are not under AS Watson's direct control. AS Watson reserves the right to require the removal of any link from another website to WatsMall which is installed without obtaining the prior written consent of AS Watson.

6. About using WatsMall

When you choose to use access or download WatsMall or allow connectivity via Wi-Fi connections to your device, we receive information about your location and mobile device, including a unique identifier for your personalised device, your GPS data or wireless networks data (WLAN). Location data is neither stored nor transmitted to third parties. If you agree with the localisation function and/or enable the notifications function on your device mobile, we can provide you with location-based services including advertising, search results and personalised content. When you are near one of our Stores, then we can use push email communications or notifications (such as recommended promotion and recommended products) to you based on your geo-location data services and/or immediately previous on-line activities if you have provided your consent to receive such communications and advertising.

Most mobile devices allow you to turn off location services and push notifications on your device. Should you wish to do so, please access your own device and vary the settings for notification on your device to reflect your own preference to be notified (or not) following the relevant instructions under your device.

7. Limitation of Liability

7.1 AS Watson only provides WatsMall for domestic and private use. To the full extent permissible by law, we disclaim all warranties, express or implied, including without limitation to implied warranties and merchantability and fitness for particular purpose and AS Watson shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:

any direct loss;
any consequential or indirect loss (including without limitation loss of revenue or profits); or

the User's liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information or WatsMall's use.

8. Confidentiality

AS Watson does not warrant (and accepts no responsibility for) confidentiality of any information or data whether personal or otherwise transmitted through WatsMall. AS Watson's current practice is to take reasonable steps to maintain confidentiality.

9. Availability and Suitability of Services

AS Watson does not warrant that the Infomation are current or accurate or that any of the products or services featured on WatsMall are available. AS Watson may change the materials appearing on WatsMall at any time without notice.

10. Users Obligations

In consideration of AS Watson allowing the User access to the Information and / or WatsMall, the User agrees:

not to carry out or allow any Copyright Infringement;
not to use the Information or the User's access to WatsMall for any illegal, improper, obscene or defamatory purpose;
to take all steps to ensure the Information does not damage the User's information or systems;
to ensure that all information which you provide to WatsMall is true and accurate to the best of your knowledge;
to AS Watson conducting research on access to the Information;
to all AS Watson's disclaimers and limitations of liability set out in this notice; and
to AS Watson's personal data policies current from time to time applying.

11. Indemnity

User agrees to hold AS Watson harmless and indemnify AS Watson against all losses, damages, claim, demands, liabilities, costs (including legal costs), and expenses in connection with your use of WatsMall in breach of the terms and conditions herein or negligence.

12. Law and Severability

Hong Kong law governs this notice, and each part of this notice shall apply to the extent permitted thereby. Any part of this notice which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of this notice nor affect the validity or enforceability of that part in any other jurisdiction. Where this disclaimer is available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.