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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

WHAT’S IN THESE TERMS OF USE

These terms of use (Terms of Use) describe the rules for using our website hey-clay.com, including all its pages and subdomains, unless otherwise expressly set out on respective page or in this Terms of Use (Website).

WHO WE ARE AND HOW TO CONTACT US

Website is operated by Trendformer Limited (We). To contact us, please use the following email address: [email protected]

BY USING OUR WEBSITE YOU ACCEPT THESE TERMS OF USE

By visiting, accessing or using our Website, in any way or manner, you confirm that you unconditionally accept these Terms of Use and that you agree to comply with them. These Terms of Use are effective as of 26.04.2024.

If you do not agree to these Terms of Use, you must not use our Website.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These Terms of Use refer to the following additional terms, which also apply to your use of our Website:

  • Privacy Policy;
  • Terms of Service or EULA if you use of any our services, software or products;
  • Cookie Policy that sets out information about the cookies on our Website;
  • Any other terms or policy posted on our Website or otherwise made available to you by us.

WE MAY MAKE CHANGES TO THESE TERMS OF USE OR OTHER TERMS

We may amend these Terms of Use and other policies and agreements referred herein from time to time at our sole discretion. Every time you wish to visit, use or access our Website, please check these Terms of Use and other policies ans agreements mentioned herein or otherwise applicable to you to ensure you understand the terms that apply to you at that time.

WE MAY MAKE CHANGES TO OUR WEBSITE

We may update, change and modify our Website from time to time to reflect changes to our services, products, our users’ needs, our business priorities or for any other reason or without any of them. We do not undertake any obligation, directly refuse, reject and exclude any implied obligations, to the extent permitted by applicable law, and do not provide you with any promise or guarantee that we will inform of any such updates, changes and modifications.

WE MAY SUSPEND OR WITHDRAW OUR WEBSITE

Our Website is made available free of charge.

We do not guarantee that our Website, any part of it, any page or subdomain, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons, or without any reason, at our sole discretion.

You are also responsible for ensuring that all persons who access our Website through your internet connection or devices are aware of these Terms of Use and other terms, issued by us, and that they will comply with them.

HOW YOU MAY USE MATERIAL ON OUR WEBSITE

All content included in or made available through our Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations is our property or property of our content suppliers and is protected by copyright laws and treaties around the world. The compilation of all content included in or made available through our Website is our exclusive property. All rights are reserved.

Our status as the owner of content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors, or without being granted respective authorization and approval.

If you breach any provision of these Terms of Use, your right to use our Website or any content available on it, if it has been approved, will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

LICENSE AND ACCESS

Hereby we grants you a non-exclusive, revocable, royalty-free, non-transferable, non-sublicensable, worldwide end-user license to access and to use our Website solely the for personal consumption and according to these Terms of Use and any other terms, incorporated herein or applicable to you in any other manner.

DO NOT RELY ON INFORMATION ON THIS WEBSITE

The content on our Website is provided for the general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Any information available on our Website should not be treated or considered by you as our public offer or proposal except in case where you should expressly accept any terms and conditions and strictly subject to such terms and conditions accepted by you.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Otherwise the terms and conditions set out herein should apply.

If you are a business user:

  • We hereby directly exclude and disclaim all conditions, warranties, representations or other terms, express or implied, that may apply to our Website or any content on it,including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose;
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, (even if we have been advised of the possibility of such damages), arising under or in connection with:
    • use of, or inability to use, our Website or any part of it;
    • modifications, amendments, errors and omissions on our Website; or
    • use of or reliance on any information, content displayed or available on our Website.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • loss of data
    • business interruption;
    • loss of anticipated savings, discounts, benefits;
    • loss of other intagible objects or assets;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a consumer user:

  • To the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of out Website even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
  • We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
  • Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraphs, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to fifty US dollars ($50) or the amount you paid us, if any, in the last 6 months.

YOUR OBLIGATION TO COMPENSATE OUR LOSS OCCURRED DUE TO YOUR ACT

To the extent allowed by law, you agree to defend, indemnify and hold harmless us and our affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers from and against any claims, complaints, liabilities, damages, charges, losses, costs and expenses, including without limitation, reasonable attorney's fees and costs due to, arising out of or in any way connected with your breach of these Terms of Use, or your violation of any law or the rights of a third party.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our Website will be secure or free from any bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

RULES ABOUT LINKING TO OUR WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not make a link in a way that may be treated or considered by anyone as association or affiliation between us, as our approval or endorsement of anything.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with applicable legislation and the content standards set out in our terms and in each case such sites shall be suitable for children and contain content suitable for children, except in case where such site is intended for professionals engaged in the business where we are present or, reasonably believe, may be present.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by material law of the Hong Kong. You and we both agree that all disputes related to the conclusion, execution, interpretation, validity of these Terms of Use and/or its individual provisions are considered by the relevant courts of the Hong Kong, in accordance with their procedural legislation of Hong Kong.

If you are a business, these Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by material law of Hong Kong. We both agree to the exclusive jurisdiction of the relevant courts of the Hong Kong, in accordance with its procedural legislation.

OUR TRADE MARKS

Logos, graphics, page headers, button icons, scripts, and service names included in or made available through our Website are our trademarks or trade dress. Our trademarks and trade dress may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on our Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

SEVERABILITY

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition of these Terms of Use.