Terms & Conditions

www.bigboystoys.com.hk (the “Website”) is owned and operated by BigBoysToys Company Limited. The terms “we”, “our” and “us” when used in these Terms means BigBoysToys Company Limited (“BigBoysToys”).  The terms “you”, “your” and “yours” when used in these Terms means you as a user of the Website. By using this site, you indicate your unconditional acceptance of these terms of use (The “terms of use”). We reserve the right, in our sole discretion, to update or revise these terms of use. The continued use of the site following the posting of any changes to the terms of use constitutes acceptance of those changes.
 

1. Use of the Site
You may use the Site only in accordance with and subject to these Terms of Use and the Site's Privacy Policy (the "Privacy Policy"). You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of BigBoysToys or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of BigBoysToys; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

2. Your Responsibilities and Registration Obligations.

In order to use this web site, you must or may be asked to register on our site and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here. 

3. Accuracy of Content; Limitations on Quantity
The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice. The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available.

4. Credit Card Payment
In a credit card transaction, you must use your own credit card and your own account. BigBoysToys will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.

5. Proprietary Rights
You acknowledge and agree that the content, materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of BigBoysToys and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distributed, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. BigBoysToys relies upon a network of independent vendors who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to you. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors. Under no circumstances shall the use of this Website grant to any user any interest in the content of the Website or in any intellectual property rights of BigBoysToys whatsoever.

6. Links
You may not link this Website to any other Website without our prior written consent. Where we provide links to a third party website, we do not take any responsibility for or make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext links in, from or with this Website, and we do not endorse or approve the content of such third party websites.

7. Indemnification
By using this Site, you agree to indemnify, hold harmless and defend BigBoysToys, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Site; (ii) your breach of the Terms of Use; or (iii) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. BigBoysToys reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

8. Limitation of Liability
In no event shall BigBoysToys, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the site or any information contained thereon or stored or maintained by BigBoysToys, whether based upon warranty, contract, tort, or otherwise, even if H BigBoysToys has been advised of or should have known of the possibility of such damages or losses. in no event shall the total liability of BigBoysToys, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to BigBoysToys in connection with the applicable event, promotion or event giving rise to such liability. Without limiting the foregoing, in no event shall BigBoysToys, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of BigBoysToys.You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

 9. Risk of Loss
A third party carrier pursuant to a shipment contract ships the items purchased from our Site. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.

 10. Unavailability of Site; Termination; Fraud
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site or your account or membership, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and /or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.


11. General

You may not transfer your rights or obligations under these Terms and Conditions without our prior written consent. We will not be liable to you for failure to fulfil obligations caused by events outside our control, including without limitation, any difficulties experienced by you in accessing this Website. Your use of this Website is governed by the laws of the Hong Kong SAR and you agree to submit to the non-exclusive jurisdiction of the Courts of the Hong Kong SAR in relation to any dispute arising out of your use of or access to it. These Terms and Conditions constitute the entire agreement between us relating to your use of this Website and shall supersede and replace all other contracts (except, where applicable), discussions, letters or communications (whether written or oral) relating to the subject matter hereof save that neither party excludes liability for any fraudulent misrepresentations made by it to the other party upon which the other party can be shown to have relied.

2015 BigBoysToys Company Limited, all rights reserved.