Terms of Use

These Terms of Use ("Terms") apply to the use of the services, features, and information on this website (“Services”) and such other websites owned, operated, and/or controlled by Distinctive Action Limited ("Distinctive Action"), its subsidiaries, and/or our affiliates operating under the name Distinctive Action and/or Invisible Company ("Affiliates") from time to time (each, a "Website"). You may be accessing the Website from a computer or mobile device and these Terms govern your use of the Website and your conduct, regardless of the means of access.

In using the Website you agree to be bound by these Terms and the privacy statement set out at www.invisible-company.com ("Privacy Statement"). If you do not accept these Terms and the Privacy Statement, you must refrain from using the Website.

To the extent of any discrepancy or inconsistency between these Terms and/or the Privacy Statement in respect of the use of the Website, these Terms will prevail. To the extent of any discrepancy or inconsistency between the English and the Chinese versions of the Terms, the English version will prevail.

The Privacy Statement and these Terms may change from time to time and the most current version will be the one available on our Website at www.invisible-company.com.

Any reference in these Terms to "we", "us" and "our" is a reference to Distinctive Action or the applicable Affiliate that owns, operates, and/or controls the relevant Website.

1. USE OF THE WEBSITE
   1. You may only use the Website for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding your use of the Website.
   2. You shall not and shall not attempt to violate the security of the Website including, without limitation:
      1. accessing data not intended for you;
      2. logging into a server or account that you are not authorized to access;
      3. probing, scanning, or testing the vulnerability of a system or network utilized by the Website;
      4. breaching the security or authentication measures adopted by us for the Website; and
      5. interfering with the access to or use of the Website by other users.
   3. In using the Website, you are prohibited by us from conducting the following acts (including acts or preparatory acts which may trigger the following act):
      1. Any act that defames or slanders, or may defame or slander, other users, third parties, and/or Distinctive Action and its Affiliates;
      2. Any act that infringes or any infringes the property rights or privacy of other users, third parties, and/or Distinctive Action and its Affiliates;
      3. Any act that infringes or any infringe or may infringe the intellectual property rights (including but not limited to, copyrights, design rights, patent rights, utility model rights, trademark rights, and portrait rights) of other users, third parties, and/or Distinctive Action and its Affiliates;
      4. Any act to transmit or write harmful computer programs;
      5. Any act that offends or may offend public order and morals that constitutes criminal behaviour;
      6. Any other acts that hinders the operation of the business of Distinctive Action and its Affiliates;
      7. Any act that violates any law or regulation of Hong Kong or of a country or district in which you are residing at the time of use of the Website; or
      8. Any other acts considered by Distinctive Action to be inappropriate.
   4. If you breach any Terms you may be subject to civil and/or criminal liability and we may take such legal action as we deem necessary and expedient.
2. PURCHASE RELATED POLICIES AND PROCEDURES
   1. To view the terms and conditions, policies, and procedures related to orders placed through this Website (such as order processing, shipping, and handling, returns, and exchanges), [click here].
3. CONTENTS OF THE WEBSITE
   1. The maintenance of the Website and all materials and information presented on the Website are intended for your personal entertainment, information, education and communication only, and shall not be regarded in any way as our offer for sale of, or our solicitation for an offer to buy, any goods or services.
   2. All information, trademarks, logos, photographs, pictures of products, images, short videos, sound files, links and other information on the Website are for reference only. Although we have made every effort to display the products on the Website as accurately as possible, the appearance of the products displayed on your computer or mobile device screen may be affected due to screen defaults or display and colour capabilities of your computer or mobile device. We are not responsible for the limitations of technology and do not guarantee that your screen's display of any colour, size, texture or detail of the products will be accurate. Further to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or content available on the Website are accurate, complete, reliable, current or error-free.
   3. We do not guarantee that all webpage content, products, and services provided by the webpage or its servers, or emails sent by the website do not contain computer viruses or other harmful ingredients.
   4. This Website may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or accept any order placed based on incorrect pricing or availability information.
4. SUBMISSIONS AND OWNERSHIP OF INFORMATION
   1. When you upload, submit, store, send, receive, post, email, share, distribute, reproduce or otherwise make available comments, suggestions, ideas, designs, concepts inquiries, feedback, data, text, software, Forum postings, music, sound photographs, graphics, images, videos, messages, content, data or other materials to or through the Website or through the Services in any manner (including, but not limited to, through the “Contact Us” form), you agree and consent that any and all such information (save and except for the details of your membership account maintained with us, including without limitation login ID and password) disclosed, submitted, uploaded, posted, emailed, transmitted, distributed, published or offered to us through or in connection with the Website including via private message, email, mail, voice mail or any other form of transmission (collectively, "Submission") are submitted on a non-confidential and non-proprietary basis and will, on submission, become the property of Distinctive Action. We are under no obligation to:
      1. accept any Submission;
      2. maintain any Submission in confidence;
      3. pay to you or anyone any compensation for or in connection with the use, including distribution, of any Submission;
      4. respond to any Submission; or
      5. save or retain any Submission.
      
      
      We will preserve the content of any Submission at our sole discretion. This license is perpetual, worldwide, irrevocable, unrestricted, non-exclusive, fully paid and royalty-free, as such we do not owe you anything else in connection with our use of any Submission. We may exercise our rights under this licence anywhere in the world and this license is perpetual, and our rights under this licence continue even after you stop using the Website and our Services and/or terminate your Account with us.
   2. You represent and warrant that:
      1. you own all rights to your Submission or, alternatively, that you have the right to give us the rights described above; and
      2. your Submission complies with these Terms.
   3. You are solely responsible for all content that you submit. You represent and warrant that your Submission will not, in any manner:
      1. violate any applicable law or regulation or advocate illegal activities;
      2. infringe the copyright, trademark, trade secrets or other intellectual property rights of others;
      3. violate the privacy or publicity or other personal rights of others;
      4. be libelous, defamatory, obscene, pornographic, scandalous, threatening, abusive or hateful;
      5. contain any information, content or materials that involve sale or provision of any illegal products or services or make any misleading or fraudulent product or service claims;
      6. advertise or solicit funds, goods, services or disseminate any junk mail, spam, chain letters, schemes or other forms of solicitation; or
      7. contain viruses, Trojan horses, worms, corrupted files, any other software intentionally designed to cause damage to a computer, server, third parties or computer network (“Malware”) or other materials that may cause damage to another's computer,
      
      
      and you agree not to submit any such material.
   4. You acknowledge that any Submission posted by you on the Website (including any personal data) may be accessed by other users of the Website for the purposes of accepting, forwarding, identifying, locating and/or replying to such Submission. We shall not be responsible for any improper use of the content of such Submission by any third party.
   5. You acknowledge that we do not pre-screen or approve any Submission posted on the Website by its users, and agree that you shall be solely responsible for the form, content, accuracy and truthfulness of the Submission posted by you as well as all consequences of your postings on the Website. In any event, we take no responsibility whatsoever for the Submissions posted by any users of the Website, or for loss of content of any Submission, and do not make any representations or warranties regarding the content, truthfulness, reliability or accuracy of any Submission on the Website posted by its users. Any reliance by you on any Submission posted by other users of the Website will be entirely at your own risk.
   6. You may not use any content posted by other users of the Website other than for the purposes of accepting, forwarding, identifying, locating and/or replying to any content on the Website.
   7. We may not monitor the Website at all times but reserve the right to monitor it any time. We may remove or edit any Submission posted by you on the Website which is abusive, illegal, disruptive, or inappropriate, in our sole and absolute discretion and for any reason, without any compensation or recourse to you or any other person.
   8. Without prejudice to the foregoing, we may limit or even ban your posting of any Submission, including but not limited to the period of time of posting and the size or content of your Submission.
   9. You agree that any action or inaction we take to prevent, restrict, redress, or regulate your Submission, or to implement other enforcement measures against any Submission, is undertaken voluntarily and in good faith. We do not accept any responsibility or liability for any Submission made on the Website, and the contents thereof do not necessarily represent or reflect our views or opinion.
   10. If you wish to delete certain public Submission, such as your posting(s), on our Website, please contact us by email at hello@invisible-company.com and include the following information in your deletion request: first name, user name/ screen name (if applicable), email address associated with our Website, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). Distinctive Action may not be able to process your deletion request if you are unable to provide such information. You should also note that it may not be possible to entirely delete posting(s) because cache web pages may continue to exist.
5. CHANGE, ADDITION AND TERMINATION OF SERVICES
   1. In any of the following events, Distinctive Action may terminate or temporarily suspend the provision of all or part of the Services without giving prior notice to you:
      1. if regular or urgent maintenance of the systems that provide the Services;
      2. if there is a failure of the systems that provide the Services;
      3. if there is a power outrage, file earthquake or any other force majeure that makes provision of the Services difficult; or
      4. if there are other reasonable grounds in respect of the operation or technology of the Services.
   2. Distinctive Action may make a change or addition to or terminate all or part of the Services without prior notice to you.
   3. Distinctive Action will not be held liable for any detriment or damage to you as a result of any of the preceding actions in this Paragraph.
6. SEARCH FUNCTION
   1. Any search or image search function on the Website is only automated service provided by Distinctive Action using a computer program service. The search, retrieval, or image finding results and related links are provided by various source websites or related third parties, and are not controlled by Distinctive Action. Distinctive Action will not make any guarantee or warranty for your use of such search, retrieval or image finding results and related links, their nature, and the content displayed, or any damage or loss caused by them, including but not limited to any direct or indirect losses.
7. INTELLECTUAL PROPERTY RIGHTS
   1. You acknowledge and agree that the materials on the Website (including without limitation text, images, layout, designs, pictures, graphics, logos, icons, brands, audio and video clips, illustrations, data compilations, software and other proprietary materials contained in the Website) are the intellectual property owned by us, our Affiliates, our licensors or other third parties which are protected by copyright laws and/or other intellectual property laws.
   2. All trademarks, trade names, and/or logos used on the Website are our registered or unregistered marks, names, and/or logos or those of our Affiliates or third party licensors, which are protected by intellectual property laws. Nothing contained in the Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, trade names, or logos displayed on the Website.
   3. You acknowledge and agree that the materials contained in the Website are made available for your personal non-commercial use only and that you may download or copy such materials solely for your personal non-commercial use, provided you will not delete or change the copyright, trademark, and any other proprietary notices or legends contained in such materials. You will not obtain any right, title, or interest in any of such materials as a result of such downloading or copying.
   4. You undertake that, except for your personal non-commercial use, you shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, distribute, display, remove, delete, add to, modify, commercially exploit or create derivative works from, or sell or participate in any sale of the materials contained in the Website in whole or in part.
   5. Any use of the materials on the Website other than those permitted under these Terms is strictly prohibited.
   6. To the extent that we do not own the intellectual property rights in any Submission, you unconditionally grant us a non-exclusive, worldwide, irrevocable and royalty-free right to use the Submission in connection with our business purposes.
8. LINKS TO OTHER WEBSITES
   1. Where the Website provides links to third-party websites, these are provided solely as a convenience to you, and shall not in any way be regarded as an endorsement of any kind by us approving the content on such websites. If you access any linked third-party websites, you do so entirely at your own risk. We neither take any responsibility for nor make any representations, warranties, or undertakings (whether express or implied) as to their availability and the content contained therein. Any questions or comments relating to such third party websites shall be addressed to the operators of those websites.
9. USE OF COOKIES
   1. The function of a cookie is to allow a server to store information on users’ computers, on what they have accessed when using a website, and information collected through the use of such cookies does not include any “personally identifying information” such as email addresses or full names. Distinctive Action may use cookies in certain content of the Website for the following purposes:
      1. for temporarily storing information necessary for you to access the Website comfortably in cases where the Website contains an application which extends across several pages;
      2. for the purpose of referring to your stored registration information when you are logged into authentication service, in order to be able provide you with customised services;
      3. for analyzing, or for companies to which Distinctive Action entrusts its survey analysis activities to analyze, your access trends on the Website in order to provide better services;
      4. for the purpose of displaying the most appropriate advertising on the websites of other companies, based on what you are interested in and your usage patterns on the Website; or
      5. for the purpose of prompting you to re-enter (re-authenticate) your passwords after a certain period of time has elapsed since the page was last accessed, in order to maintain security in cases of use of the authentication service.
      
      
      In addition, Distinctive Action may save and refer to the Website’s cookies via the websites of contractor companies to which Distinctive Action has entrusted advertising-related work.
   2. In order for you to use the Services appropriately, you must consent to the Paragraph 10.1 above and allow cookies. You may set your browser to reject cookies, however it is assumed that you are aware and consent in advance that, in doing so, some part of the Website may cease to function appropriately and certain content may not be available.
   3. On the Website, technology known as “web beacons” [may/shall] be used in order to obtain statistics on the usage of the Services by you. None of your Personal Information is collected by web beacons. Furthermore, you can disable the collection of information by web beacons by setting their computers to reject cookies.
   4. On the Website, we use “Google Analytics” provided by Google Inc. in order to obtain information on the usage of the Services by users of the Website. Google Analytics uses Distinctive Action cookies and analyse information on users of the Website which does not contain personal information. Please refer to the terms of services and privacy policies of Google Inc at http://www.google.com/analytics/terms/gb.html. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of our Website. In addition, you can prevent the collection of the data generated by the cookie by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available from the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
10. DISCLAIMERS AND LIMITATION OF LIABILITY
    1. To the greatest extent permitted by law, the Website is provided "as is" and “as available” basis, without any representation, warranty, condition or other term binding on us, whether express or implied, whether based in common law, statute or otherwise, and we and our officers, employees, directors, parents, Affiliates, agents, sponsors and licensors specifically disclaim and exclude any and all representations and warranties of any kind, express or implied, in connection with or in relation to the Website, the information contained therein, the products displayed thereon and the services provided thereat (including the implied warranties or merchantability, fitness for a particular use or purpose, and non-infringement). Unless otherwise expressly set forth herein, Distinctive Action makes no representation that the content and materials on this website are appropriate or available for use in any location. Your access to the Website is on your own initiative and you are responsible for ensuring your use of and access to, the Website complies with all applicable local laws.
    2. Without limiting the generality of the foregoing, we do not represent or warrant that:
       1. Any Services provided to you by Distinctive Action will operate at all times and will not be affected by external factors;
       2. your use of the Website will be uninterrupted or error-free;
       3. defects on the Website will be corrected;
       4. the Website, or the server that makes it available, will be free of viruses, Trojan horses, worms, any other Malware or other harmful elements;
       5. the information contained in the Website will be timely, accurate, useful or complete; or
       6. the products displayed and the services described on the Website will be available in our retail or online shops at all times.
    3. We will not be liable for any failure, delay or default in carrying out our obligations or duties hereunder directly or indirectly caused by or resulted from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labour disputes, equipment failures (including but not limited to Internet system failure) or any other causes beyond our reasonable control.
    4. We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you. In any event, we will not be liable to you for any modification to or withdrawal of the Website.
    5. Except to the extent precluded by applicable law, we and our Affiliates, and our respective officers, directors, agents, employees, contractors and other representatives, exclude all liability arising under, in connection with or related to these Terms and your use of the Website, including all liability for:
       1. indirect, special, incidental, consequential or punitive losses, damages or expenses;
       2. damages for economic loss, loss of profits or loss of any of the following – revenue, clients, bargain, goodwill, anticipated savings and, use of products;
       3. personal injury or property damage resulting from your access to or use of the Website or Services;
       4. any unauthorised access to or use of our servers of any personal or financial information;
       5. any interruption of transmission to or from the Website or our Services;
       6. any computer viruses or malicious code that may be transmitted on or through the Website or our Services; and
       7. any loss or damage of any kind incurred as a result of the use of any functionality or content posted, emailed, transmitted or otherwise made available on or through the Website or our Services.
    6. You understand and agree that any material or information downloaded or otherwise obtained through the site or services is done at your own risk and that you will be solely responsible for any damage arising from doing so. No advice or information, whether oral or written, obtained by you from us or through the site or services will create any warranty not expressly made in these Terms and Privacy Policy.
    7. You understand that all content and information on the Website is for reference only, and none of the content and information on the Website is intended to be medical advice, diagnosis and/or treatment. If you encounter any medical problems and/or questions, it is recommended that you seek your own advice from qualified professionals.
    8. To the fullest extent permitted by applicable law, neither we nor our Affiliates will be liable under for any claims, actions, injury, loss or damage of any kind, including, without limitation, third party claims; direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), arising from or relating to, the Website or Services, or these Terms and Privacy Policy.
    9. The exclusion of liability herein applies regardless of the basis on which such liability arises, whether for breach of contract, in tort (including negligence), in equity, under statute, under an indemnity, for breach of conditions and warranties implied by custom, the general law or statute, in respect of any claims by a third party against you or otherwise and whether or not we are aware or should have been aware of the possibility of such loss.
    10. You understand that the company is not an agent of any of the merchant and/or advertiser which or who appears on our Website.
    11. To the extent that our liability cannot be excluded and we are able to limit our liability, then our maximum aggregate liability for all claims arising from, in connection with or related to your use of services on the Website and the Website itself shall be limited to the amount of HK$100.
11. INDEMNITY
    1. You irrevocably and unconditionally agree to defend, indemnify and hold harmless us and each of our Affiliates and each of our respective officers, directors, agents, employees, contractors and other representatives from and against all claims, actions, demands, liabilities, expenses, losses, damages and other costs whatsoever (including but not limited to any claims made against us by any third party) arising from, in connection with or related to your use of the Website or your breach of these Terms.
    2. Unless otherwise provided herein, Distinctive Action shall not be held responsible to you or third parties for any failure or breakdown of the systems that provide the Services, any intrusion to the Systems by third parties and any commercial disputes for any reason whatsoever.
12. EXPULSION
    1. In the event that you have breached or violated, or we suspect that you have breached or violated or attempt to breach or violate, any provision of these Terms or the applicable laws or regulations, we may expel you from, and prevent your further access to, the Website (by terminating your membership or user account, blocking your Internet Protocol (IP) address or any other means), and remove any and all content and materials posted by you on the Website, without notice and compensation of any kind to you.
    2. We shall have no obligation to deliver or return to you any content or materials posted on the Website at any time which are subject to removal pursuant to these Terms.
13. GENERAL TERMS
    1. We may revise these Terms from time to time without prior notice to you. Your continued use of the Website following such revision shall be deemed as your acceptance of these Terms as amended. It is your responsibility to visit the Website regularly to check out the latest Terms.
    2. From time to time, cyber squatters or other unauthorised persons may register or use a confusingly similar domain name/name/trademark/trade name/logo or otherwise hold themselves out as having any association with or endorsement from us or our Affiliates. We and our Affiliates may investigate and/or take action against such cyber squatters and unauthorised websites but we are not in any way responsible and shall not be liable for any acts and/or omissions of these cyber squatters and/or the contents, transactions or anything related to any unauthorised websites.
14. ENTIRE AGREEMENT
    1. These Terms constitute the entire agreement between you and us relating to your use of the Website, and shall replace and supersede all other communication (be it written or oral), discussions, letters and contracts relating to the subject matter hereof.
15. ASSIGNMENT
    1. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.
16. WAIVER
    1. No failure or delay by us in exercising any right, power or remedy under the Terms shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of these Terms shall be deemed as a waiver of any subsequent breach of that or any other provision of the same.
17. SEVERABILITY
    1. The provisions contained in each clause of these Terms shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. In the event any provision of these Terms is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there will be added as part of these Terms one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
18. GOVERNING LAW AND JURISDICTION
    1. These Terms are governed by and are to be construed in accordance with the laws of Hong Kong Special Administrative Region of the People's Republic of China.
    2. All dates and times in these Terms refer to the Hong Kong time zone. Sundays and all Public Holidays in Hong Kong will not be considered as working days for the purposes of these Terms.
    3. Any dispute, controversy or claim arising out of or relating to the Terms, or the breach, termination or invalidity thereof, will be settled by the courts of Hong Kong Special Administrative Region of the People's Republic of China.
19. ENQUIRIES
    1. If you have any inquiries relating to the Website, please contact us by email at hello@invisible-company.com or by writing to Distinctive Action Limited, Room 22, 14/F, Block A, Hi-Tech Industrial Center, 5-21 Pak Tin Par Street, Tsuen Wan, New Territories, Hong Kong.