Terms and Conditions

(Updated at 3 Sep, 2020)

The website is offered by Cubed limited ("Cubed", “We”) to you, the user. Using this website (the "Website") indicates that you accept these terms of use.

Conditioned upon your acceptance without modification of the terms and conditions set forth herein ("Terms of use"). Access and use of the website is subject to these terms of use and all applicable laws, statutes, and regulations. Cubed may revise these terms of use from time to time without further notice by updating this posting. Continued access to the website by you will constitute your acceptance of these terms of use and any applicable revisions.

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, it shall be severed from these Terms and Conditions and shall not affect the remainder of the Terms and Conditions which shall continue in full force and effect.

A failure or delay by us to exercise any right or to act upon a breach under these Terms and Conditions will not be a waiver of that right or breach. Any waiver by us of any of our rights or of a breach of these Terms and Conditions must be in writing, and such waiver is limited to the particular right or breach stated in these Terms and Conditions.

We have the absolute discretion to make changes to any of these Terms and Conditions from time to time without prior notice to you. A copy of the latest version of these Terms and Conditions is available on this Site.

These Terms and Conditions set out the entire agreement relating to the supply of goods to you by us via this Site and they supersede all previous negotiations, representations and agreement between the parties.

Section I: General

Disclaimer

cubedcares.com ("Website", “Site”) only provide an online shopping platform. Therefore, we will not deal with any direct, indirect, accidental, derivative information arising from your browsing or staying on this website. And punitive damages (including pecuniary benefits and intangible losses), and will not be liable for any legal liabilities (except for regulations that are implicit in the law).

The website has been designed to provide general information about Cubed and its business and to offer the opportunity to purchase Cubed's products. The information provided at the website is not intended to provide medical advice. You should not construe Cubed’s publication of any content on the website as any warranty or guarantee of any strategy, recommendation, treatment, action or application of any product. Users of the website should be aware that no regulatory agency has deemed the products described herein to be effective or intended to diagnose, treat, cure or prevent any disease. Any content contained in this website should not be construed as advice or recommendation to you, and no one should rely on its content as the basis for any decision or action. Any predictions, opinions or expectations expressed on this website may differ from actual results and developments.

The site and its content are provided on an "as is" basis without warranties of any kind, whether express or implied (except only as may be implied by applicable law). To the fullest extent permitted by applicable laws, cubedcares.com expressly disclaims all warranties of any kind, whether express or implied (except only as may be implied by applicable law), including but not limited to, warranties of title, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of any intellectual property rights of third party. cubedcares.com makes no warranty that the content, materials, goods and/or service will meet your requirements, or that your access to the site will be uninterrupted, timely, secure, or error free; nor does cubedcares.com makes any warranty as to the results that may be obtained from the use of goods or services or as to the accuracy, reliability, completeness or timeliness of any information, content, materials obtained through this site or that defects in software or hardware problems will be corrected. Cubedcares.com makes no warranty regarding any goods or service purchased or obtained through this site.

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 have made every effort to keep the information updated. If information is found to be out of date, the photo version has not been updated, etc., it does not contain any misleading nature or intention to mislead.

Our Privacy Policy

You agree to our use of personal information about you as described in our privacy policy.

Our trademarks, service marks and copyright

As permitted by law, Cubed's intellectual property is fully protected. The entire content of the website, including but not limited to all text, software, photos, videos, graphics, audio and other materials, is protected by international copyright and trademark laws. Cubed owns the trademarks, logos, service marks displayed and full content on the website. These may not be used without the written permission of Cubed. Materials on this site are protected by copyright. No part of these materials may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for commercial or public purposes without the Cubed’s prior written consent. Request for permission to reproduce any materials contained on the website should be addressed to Cubed at the email address listed on our contact us web page.

Modification of terms

To the fullest extent permissible by law, Cubed shall not be responsible or liable to you or any third parties claiming through or under you under any circumstances for any lost profits, lost data, equipment downtime, or for any indirect, consequential, special, or exemplary damages or losses, arising out of your access, use or inability to use this website or any content, including but not limited to interruptions or delays in transmission, regardless of the type of claim or the nature of the cause of action, even if Cubed has been advised of the possibility of damage or loss. If you are dissatisfied with the website, do not agree with any part of this agreement, or have any other dispute or claim with or against Cubed related to the website or any content, your sole and exclusive remedy is to discontinue use of the website. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy, and to the extent applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, the foregoing limitation may not apply to you. You acknowledge and agree that in the absence of this limitation of liability these terms of use would be materially different or you would not be granted access to the website.

Governing Law

These terms of use shall be governed by the laws and basic laws of the Hong Kong Special Administrative Region of the People's Republic of China. In the event of a dispute between the two parties, they shall be subject to the non-exclusive jurisdiction of the Hong Kong courts. Cubed reserves the right to claim compensation through the law and has the right to prohibit online users who violate this use regulation from accessing this website.

Territory

the materials on this site are directed solely at persons accessing the site from the Hong Kong Special Administrative Region. We make no representation that any product or service referred to on this site is available, or appropriate for use for any other location.

Prevailing Language

In the event of any discrepancy between the English and Chinese versions of the Terms of Use, the English version shall prevail.

Section II: Website

Use of Site

You agree that you will not directly or indirectly export, re-export, or knowingly permit the export or re-export, of the website or any content to any country or otherwise use the website or any content in violation of any applicable export or other laws and regulations of Hong Kong or any other country.

You agree not to use the website or the content to:

• restrictor inhibit others from using and enjoying the website;
• gain unauthorized access to other accounts on the website, or other computer systems or networks;
• store, collect or disclose any information except as strictly necessary to use the website; or
• impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact. You agree not to use the website or the content to transmit or upload:
• unauthorized advertising, promotional materials, junk mail, "Spam," chain letters or any other form of unauthorized solicitation;
• any material that violates or infringes the rights of third parties;
• any virus or any programs or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
• any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent.

Without limiting the foregoing, you agree to comply with all applicable laws, rules and regulations that apply to your use of the website. You, and not Cubed, shall be responsible for ensuring that your use of the website and content does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, law in Hong Kong regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to the website. Cubed shall have the right, but not the obligation, to monitor or review your conduct on the website.

While Cubed is pleased to receive feedback, comments and ideas from visitors to the website, any information that you submit through the website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our privacy policy). Please read the privacy policy before submitting personal information to Cubed. Your submission of personal information to Cubed constitutes your acceptance of all the terms of the privacy policy.

If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the website, you hereby grant Cubed an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Cubed is free to use them for any purpose.

This website and all content, functions, materials and information made available on or accessed through this website, are provided" As is," without any warranty of any kind. Without limiting the foregoing, to the fullest extent permissible by law, Cubed and its subsidiaries and affiliates

(a) make no representation or warranties of any kind whatsoever

(I) regarding the website, the content, or any other materials, information and functions made accessible by or accessed through this website, for any products or services or hypertext links to third parties, or for any breach of security associated with the transmission of sensitive information through the site or associated materials or any linked site; or

(ii) that the materials on this website conform to your local laws (if you are accessing this web site from a location outside Hong Kong, you acknowledge that you alone are responsible for compliance with your local laws);

(b) hereby disclaim any and all warranties, whether express, implied or statutory, including, without limitation, any warranties of title, non-infringement, merchant ability and fitness for a particular purpose. Without limiting any of the foregoing, Cubed makes no warranties or representations as to the accuracy or completeness of this website, the content, or any other materials, information or functions made accessible by or accessed through this website. The above limitations may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties. Cubed may change the website at any time, including without limitation to the products and prices described in the site, but does not assume any responsibility to update it.

You shall indemnify, defend and hold harmless Cubed, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys' fees, accounting fees, and expert witness fees arising out of or related to

• your use of the website or the content and
• (ii) any breach or non-compliance by you of these terms of use. Cubed shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Cubed.

Cubed reserves the right to seek all remedies available at law or in equity for violations of these terms of use, including the right to block access from a particular internet address to the website.

Indemnity and Limitation of Liability

You agree to indemnify, defend and hold harmless Cubed from and against all losses, expenses, damages and costs (including reasonable legal fees) arising from any breach of these Terms of Use or any other activity by you in connection with your use of the site. You further agree that Cubed shall not be held liable howsoever for your use of the site and you agree to waive all claims that you may have against Cubed for any loss or damages you may sustain in connection with your use of the site. In the event that this disclaimer is unenforceable, the total liability of Cubed, if any, for losses or damages shall not exceed the fees you paid for the particular service or product upon which liability is based.

By accessing and using this site you acknowledge and accept that the use of the site is at your own risk. To the fullest extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of any use of, access to, or inability to use or access the site. Without limiting the foregoing:

This website and all information and materials contained on it are provided "As is" without any warranty of any kind either express or implied including but not limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for purpose , privacy or non-infringement.

We have no liability or responsibility for any errors or omissions in the contents of the site.

We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising out of any use of or access to the site, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, destruction or alteration of the site, whether for breach of contract, tortious behaviour, negligence or, under any other cause of action resulting directly or indirectly from any access or use of the site, or any uploading, downloading or publication of data, text, images or other material or information to or from the site.

Personal Data and Information

In order to use this Site or register with us and create a User Account, it is necessary to provide us with the personal data that is indicated as “mandatory” on the registration or payment page on this Site. If you are unable or unwilling to provide us with complete and correct personal data that is indicated as “mandatory” on the registration or payment page, we may not be able to register a User Account for you or provide you with some of our services.

You expressly agree and acknowledge that all personal data collected by Cubed shall be managed in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) and the Privacy Policy which is accessible here, which may be amended from time to time.

Section III: Terms of Purchase

Payments

Payment can be made by credit cards, Payme, FPS or bank transfer. By using the payment methods provided, the Customer confirms that accounts being used is the Customer’s. The amount payable will be debited from the Customer’s account when the Customer’s order is accepted by the Vendor. All credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the Customer’s credit card refuses to authorise payment to the Vendor, the Vendor shall postpone delivery and contact the Customer. In that case the Vendor shall not be liable for any delay or non-delivery. Credit card details will be processed by means of an SSL (Secured Socket Layer) connection. The Vendor shall not be liable for any misuse of information by third parties. For Alipay payments, payment will be debited immediately when the order is placed. For payment by any method, the amount payable will be deducted from the customer's account after the customer submits the order and the payment is settled.

The Vendor accepts payment by credit cards for purchase via the Site. Under Credit Card Purchase Protection service, e.g. VISA verification service, Master Card Secure Code, the Customer can enjoy safe and secure shopping by using the Customer’s own credit card with specific password or security code. Credit card used for shopping should be valid and under the Customer’s own name. The Vendor shall not be liable for any credit card fraud. All payment methods require the Customer to pay first before delivery. No “Cash on Delivery” is allowed.

All orders are payable in Hong Kong Dollars.

To provide a secured online commerce transaction, the Vendor employs Internet’s Secure Sockets Layer (SSL) technology. It encrypts the Customer’s personal information, including credit card number, name and address, so that it would not be read when the information travels over the Internet. To check SSL Certificate information, the Customer can right click the cubedcares.com and choose “Properties” & “Certificates”.

The Vendor may from time to time set credit limits for individual Customers and reserves the right to limit sales including the right to decline sales to any Customers. Full payment in respect of an order must be made upon the placing of the order. If the Customer’s payment cannot be processed, the order will not be accepted and the Customer is advised to contact the card issuer to resolve any problem concerning the use of his/her credit card in order to continue with the order.

The Vendor reserves the right to change the payment terms for any order without prior notice.

The Vendor reserves the right to change the payment mode for Products offered online at any time by announcement via website, email and/or any other means of public communications.

If payment for any order has already been made, all refund requests must be approved by Cubed. The Vendor shall not be liable with respect to any loss, damage, cost or expense that the Customer or any person may incur as a result of any delay in processing the said refund.

The Customer warrants to the Vendor that he/she has been granted any authorisations required to use his/her chosen method of payment, when making an order. In the event of non-payment of any amount owed by the Customer, or of any adverse payment circumstances, the Vendor reserves the right to suspend or cancel any order and/or delivery, whatever their nature or state of progress.

As part of the measures taken to prevent fraud over the Internet, information concerning the Customer’s order may be sent to any competent authority for verification.

Refund / Replacement of Damaged Order

Under normal circumstances, unless approved by Cubed at its sole discretion, Cubed will not accept any request for return or refund of Products upon delivery or collection of Products.

Images of Products on this Site may not correspond exactly to Product description and are for general reference only. The Customer shall not be entitled to return a Product or refund on the basis that it does not correspond exactly to its online image.

If you find your order damaged upon delivery and want to arrange for refund or replacement, you shall contact and arrange the returning of the damaged goods and the related delivery note for inspection with Cubed within 3 days of receipt. We reserve the right to reject any request for refund or replacement upon inspection of the returned damaged good and the supporting documents. If the return or exchange is accepted, regardless of the reasons, Cubed reserves the right to charge administrative fees or handling fees for the returning product. In all circumstances, additional charges including but not limited to additional delivery charges and additional cash-on-delivery charges are not refundable, and all the actual prices of free gifts will be deducted from the refund amount.

Refund / replacement will not accepted for the following products/in the following circumstances: the original package of the products is damaged/smeared/corrupted/not complete (including package was torn open); the normal difference of the product’s color, texture or taste arising from difference collecting seasons or other natural factors ; the normal appearance of capsule products including but not limited to a small amount of powder inside the capsule slightly oozing out of the capsule from the open side, or soft gel capsule sticking together due to the weather and/or a small portion of the capsules slightly cracking and leaking due to smashing and crashing; any product issues relating to inappropriate storage of customers; The slight appearance problem caused without affecting the quality of products (including but not limited to the wrinkling and scratch of package box/product/accessories) during the transportation; any detective products are used more than 10% ; any free gifts/accessories/samples; any damaged products received more than 7 days, or not being notified within 3 days or with no valid invoices.

Before dispatch of all parcels, we will repeatedly check and pack the goods carefully and professionally to ensure the goods are in good quality and with proper package, but sometimes some damages of the goods may be caused and unavoidable after the long journey, we will not provide any refund or replacement for any goods lost or damaged in transit. Cubed will not bear any responsibilities of the consequences caused by any goods being damaged during the delivery process.

Price

Cubed shall make every effort to ensure that Prices, details and sizes of Products detailed on the website are up-to-date but Cubed reserves the right to vary the Price and other details of the Products or range of Products listed on this Site, without prior notice or any liability.

There may be discrepancies between the online bill and the final bill due to out-of-stock products, special offers and other unforeseen circumstances. Cubed reserves the right to adjust the online bill and such adjustments will be marked on the final bill presented to the Customer at the time of delivery or order pick-up, and the Customer shall be charged in accordance with such final bill.

Cubed may from time to time and at its absolute discretion set credit limits for any Customer and/or limit sales to any Customer including denying sales to re-sellers.

Packaging and Ingredients

Cubed will update the product packaging and ingredient information from time to time, and reserves the right to change the packaging and ingredient information without prior notice.

Cancellation of Order

If the Product ordered by the Customer is unavailable, the Product will be deleted from the Customer's order and the bill will be adjusted accordingly. All discount items, free gifts and redemption items are subject to stock availability. No substitution and no prior notice will be made if stock is not available.

Delivery Time

If customers purchase a pre-ordered product, Cubed will ship the product according to the shipping date/time shown along with the product. Cubed will not accept any refund requests due to the delivery time if the product is still within the promised delivery period.

Retention of title

All Products remain the exclusive property of the Vendor until such a time as payment of the sale price, including the principal, extra costs and taxes has been made in full.

Use of forwarder

Delivery service provider of the order is selected by Cubed. Your rights regarding the delivery of the products shall be governed by the terms and conditions of such a forwarder, which will be available for perusal upon request. By choosing the forwarder we recommend, you agree that we will appoint such a forwarder to handle all the aspects of the delivery on your behalf. We will not be responsible for any act or failure to act on the part of such a forwarder. We disclaim any liability whatsoever and you assume all risks and liabilities associated with its use.

Free shipping

Free Shipping is available within Hong Kong SAR on orders over HK$270.

Resale Purpose is Not Permitted

All products sold through Cubed are for customers' use only and shall not be commercially resold. Cubed may refuse any purchasing order which it suspects is for commercial resale.

Liability

Except for cases of special price offers not intended to lower stock levels, the Vendor cannot be held liable for non-fulfilment of orders due to stock shortages or in the event of Product unavailability due to force majeure. The Vendor accepts no liability for:

• any interruption to the Site;
• any incidences involving bugs;
• any damage resulting from a fraudulent intrusion by a third party, causing any change to the information made available by the Vendor on the Site;
• any loss caused by hacker/third party intrusion;
• more generally, any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular any loss of profit, customers, data or any other loss of intangible goods that may occur as a result of the access by any person to the Site or the impossibility of accessing the Site or any credit accorded to any information directly or indirectly coming from it.