Website Terms and Conditions
Last updated: July 2015
The following are terms and conditions of a legal agreement between you and HK3DPrint Company
Limited and its affiliates (collectively, “HK3DPrint”, “we”, “us” or “our”). These terms and conditions govern your use of the services we offer (“HK3DPrint Services” or “Services”) and the use of www.hk3dprint.com.hk (the “HK3DPrint Website” or “Website”). By using the HK3DPrint Website, you acknowledge to have read, understood and agree to be bound by these “Terms and Conditions” and to comply with all applicable laws and regulations. If you do not agree with these Terms and Conditions, you should not use the HK3DPrint Services and Website.
The HK3DPrint Services are made up of different services provided through the Website. One of our Services enables you to upload a 3D file to our Website to obtain a manual quotation.
If you want to turn your 3D model into reality, you can place an order with us to have it manufactured. At a charge of a service price and price for the substance used for the model, we manufacture the model for you (i.e., print it with 3D printing technology) in our materials and ship it to you.
HK3DPrint provides the Website and the Services “as is“ and “as available”. HK3DPrint does not warrant that the use of the Website and the Services will be uninterrupted or error free.
HK3DPRINT MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW, HK3DPRINT HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON- INFRINGEMENT.
PLEASE NOTE THAT THE MATERIALS WE USE FOR MANUFACTURING THE MODELS MAKE THE MODELS SUITABLE ONLY FOR DECORATIVE PURPOSES AND THEY ARE NOT SUITED FOR ANY OTHER PURPOSE. THE MODELS ARE NOT SUITED TO BE USED AS TOYS, TO BE GIVEN TO CHILDREN. THE MODELS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT.
Use of the HK3DPrint Website
Copyright and all other proprietary rights in the content of the Website (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with HK3DPrint or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of HK3DPrint is strictly prohibited. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Our rights include rights to (i) the Service developed and provided by us; and (ii) all software associated with the Service. All copyright and other proprietary notices shall be retained on all reproductions.
This Website may provide links to other websites that are not under the control of HK3DPrint. HK3DPrint shall not be responsible in any way for the content of such other websites. HK3DPrint provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by HK3DPrint of the content of such websites.
Since the HK3DPrint Service is a web based service, it might be subject to temporary downtime. From time to time we also update our Website, which will result in the Website not being available for a certain period of time. We will endeavor to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We are not responsible for any losses suffered by you as a result of any interruption of the Website, suspension of your access to the Website.
User Generated Content
The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Website by you, including but not limited to all uploaded 3D designs, pictures of your 3D objects, pictures of any model, comments on the Website, specifications provided in your order for a CoCreator model, as well as the printed model we create for you based on your User Generated Content.
All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights. Intellectual property rights means copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right.
HK3DPrint has no obligation to review the User Generated Content and can in no way be held responsible for the content of the User Generated Content. Opinions expressed in the User Generated Content are not necessarily the opinion of HK3DPrint.
Except for your 3D designs, which are referenced below, by submitting User Generated Content through the Services or Website, you hereby do and shall grant us a worldwide, non-exclusive, royalty- free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Website, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website and/or the Services a non-exclusive license to access your User Generated Content through the Website and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Generated Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Generated Content, including the right to grant additional licenses to your User Generated Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Intellectual Property Rights of 3D Designs
You, as a designer, retain all your intellectual property rights in your 3D design. By uploading your 3D design, you warrant that it is your original creation and not copied from any third party and/or entity. You warrant that your User Generated Content will not infringe the intellectual property rights of third parties. Should your User Generated Content nevertheless be found to be infringing and/or in violation of any law, you will defend HK3DPrint against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by HK3DPrint with respect to such claims.
By uploading your 3D design to the Website, you grant HK3DPrint a non-exclusive, royalty free worldwide transferable license on your design
(i) to use it for the manufacturing of your model in order to fulfill your order; and
(ii) to display it on the HK3DPrint Website or other marketing materials and platform.
Consent to Use of Personal Data
By using our Services you agree that HK3DPrint may collect and use personal data about you.
Limitation of Liability
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the HK3DPrint Services. Save as set out below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Services except as expressly stated in these Terms and Conditions. Any warranty, condition or other term arising out of or in connection with the Services or the delivered models which might otherwise be implied into or incorporated into these Terms and Conditions by statute, common law, laws applicable in the country where you ordered the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.
HK3DPRINT WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHERWISE. OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOU BY HK3DPRINT FOR THE RELEVANT ORDER.
THE TERMS AND CONDITIONS SHALL BE CONSTRUED IN ACCORDANCE WITH, AND THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, WITHOUT REGARD TO THE CONFLICT OF LAWS PROVISIONS THEREOF. YOU AGREE THAT ANY CLAIM YOU MIGHT HAVE AGAINST THE COMPANY SHALL BE BROUGHT BEFORE THE COURTS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.
The United Nations Convention on the International Sale of Goods shall not apply to the HK3DPrint Services or Website or relating to the models ordered and delivered.
You agree to indemnify and hold HK3DPrint and its affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.
Change of the Website, the Services and these Terms and Conditions
HK3DPrint reserves the right to make changes to the Website, the Services and these Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on this Website and will have no effect on sales that were completed before such posting. We will make reasonable efforts to post notices regarding any changes to these Terms and Conditions. Please check the Terms and Conditions published on this Website regularly to ensure that you are aware of all terms governing the Website and the Service.
Information We Collect
ORDER TERMS AND CONDITIONS
1. By making your order for the product(s) above, you will be deemed to have accepted all of the Terms and Conditions.
2. Please check carefully for the quantity and quality of goods received, return will not be accepted after customers' acceptance of goods.
3. Upon delivery of the product, HK3DPrint expects that you submit the product to a thorough inspection. If, upon inspection, you feel that the product is not in conformity with the order, you should contact us as soon as possible and at the latest 1 day after your receipt of the product. In the case that you omit to exercise this control or decides to use a non-conform product, you dismiss HK3DPrint from any liability for the possible consequences of the usage of this product. You should not return products without having received an explicit request from HK3DPrint to do so. All replacement and returns are subject to our full discretion.
4. Internet communications are capable of data corruption and therefore HK3DPrint does not accept any responsibility for changes made to such communications after their dispatch. It may therefore be inappropriate to rely on information/advise contained in an e-mail without obtaining written confirmation of it. HK3DPrint does not accept responsibility for any errors or problems that may arise through the use of Internet communication and all risks connected with sending commercially sensitive information relating to your business are borne by you. If you do not agree to accept this risk, you should notify HK3DPrint in writing that e-mail is not an acceptable means of communication.
5. Printed colors may not fully match your computer files. Please do not refer to the color standard on any monitor, screen or printed manuscript.
6. Any files, information or materials from customer will be considered legal to use or print; HK3DPrint will not bear any legal responsibility if any images, signs or wordings are offending any law, parties or are unauthorized or without the copyright to use.
7. Except when there is a Non-Disclosure-Agreement in place between your company and HK3DPrint, you hereby do and shall grant us a worldwide, non-exclusive, royalty- free, fully paid, and transferable license to use, edit, reproduce and display your 3D printed objects, including without limitation for promoting our services in any media formats and through any media channels.
8. Please ensure that the information you provide in your order is accurate and complete before placing order. As the products are made immediately on the basis of your specifications and confirmation, there is no right to return or cancelling your order.
9. The price calculated by HK3DPrint contains the cost for the services rendered by HK3DPrint, the manufacturing of the product and the shipment of the product, as well as other additional charge when applicable. There is no insurance.
10. HK3DPrint reserves the right to revoke and/or modify (part of) a quotation and/or placed orders. The liability of HK3DPrint vis-à-vis you for real and proven damage will, regardless the gravity of the failure, be limited to the price of the product directly related to the reason of the claim. All other liability of HK3DPrint, such as that for consequential loss, other indirect loss and loss as a result of third party liability, is excluded.
11. In certain circumstances HK3DPrint may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. These Personal Data will not be disclosed to any third parties.
12. Should your payment details be incorrect, the delivery will be postponed until the correct information is received from you.
13. The average time required to produce the model is about 3-10 working days subjects to the print materials to be used . This is a preliminary indication, but does not bind HK3DPrint in any way. The delivery time is based on the working conditions applicable at the time the agreement is concluded and on the punctual delivery of the materials ordered by HK3DPrint for the execution of the order. Should a delay rise for which HK3DPrint is not responsible, as a result of a change in the aforementioned working conditions or because materials ordered in time for the performance of the work are not delivered on time, the delivery time shall be extended as required and HK3DPrint cannot be held liable for such delay.
14. HK3DPrint uses its discretion in selecting a reputable carrier and appropriate means of delivery. All risks during transport are borne by you.
15. HK3DPrint withhold the right to make final decision for printing or modifying any files from customer.
These Terms and Conditions, together with any other policies, guidelines, or FAQs posted by HK3DPrint represents the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and HK3DPrint. No amendment of these Terms and Conditions shall be binding upon HK3DPrint unless in writing and signed by HK3DPrint. If any provision is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions.