Terms & Conditions

Terms and Conditions

Thank you for visiting Arbutus-newyork.com ("the Website").The Website and related services are made available to you in accordance with the following Terms and Conditions and any other rules and policies posted on the Website, including the Privacy Policy. By using the Website and related services, such as browsing or purchasing on the Website, you are agreeing to all of the Terms and Conditions.  We will collect, use, store and disclose any personal data provided by you in accordance with the Privacy Policy. Arbutus reserves all rights to make changes to the Website or any part of the Terms and Conditions at any time.

Content 

A. Proprietary Rights in Content

User acknowledges that the Website contains content, including but not limited to texts, images, graphics, logos, icons, audio and videos, and other materials (collectively referred to hereby as the "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content on this Website is the exclusive property of Bomass International Ltd. and is protected by international copyright laws. Any use, including, but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance of the Content of this Website is strictly prohibited. If you print, copy, modify or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.


B. Submission of Information or Content

Arbutus-newyork.com welcomes User comments, information and submissions (collectively, "Submission"). Arbutus-NewYork.com, however, does not assume any obligation with respect to any Submission and no confidential or fiduciary understanding or relationship is established by Arbutus-newyork.com receipt or acceptance of any Submission. All Submissions become the exclusive property of Arbutus-newyork.com and its affiliates. Arbutus-newyork.com and its affiliates may use any Submission without restriction and User shall not be entitled to any compensation.


C. Third-Party Content

Neither Arbutus-newyork.com, nor its affiliates, nor any of their respective officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of this Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In some instances, the Content available through Arbutus-NewYork.com, may represent the opinions and judgments of Providers or Users. Arbutus-newyork.com and its affiliates do not endorse and shall not be responsible for the accuracy or reliability of any opinion, advice, or statement made on this Website by anyone other than authorized Arbutus-NewYork.com, employees. Under no circumstances shall Arbutus-newyork.com or its affiliates, or any of their respective officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through Arbutus-newyork.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through this Website.


Promotions, Discounts and Coupons

Promotions, discounts and coupons cannot be applied to previous purchases and cannot be redeemed for cash or combined with any other offer. To redeem, enter the code in the promo code box at checkout. Limit one promotional code per order. Terms of offers are subject to change.


Online Conduct

User agrees to use the Arbutus-newyork.com Website only for lawful purposes. User is prohibited from posting on or transmitting through Arbutus-newyork.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If Arbutus-newyork.com is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, Arbutus-newyork.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Arbutus-newyork.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Arbutus-NewYork.com; or (iii) to protect the rights or property of Arbutus-newyork.com, its Users or Providers. Arbutus-newyork.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, the Arbutus-newyork.com Website, the communities that make up Arbutus-newyork.com, or any rights of Arbutus-newyork.com or its affiliates or any other party, or to violate any applicable law. Notwithstanding the foregoing, neither Arbutus-newyork.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Arbutus-newyork.com nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Arbutus-newyork.com. Additionally, User may not 1) use the Website in a way that could disable, burden, damage or impair the Website or interfere with any other party’s use of the Website; 2) use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any material on the Website; 3) use any manual process to monitor or copy the material on the Website or for any other authorized purpose without our prior written consent; 4) use any device, software or routine that interferes with the proper working of the Website; 5) introduce any virus, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; 6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; 7) attach the Website via a denial-of-service attack or distributed denial-of-service attach; or 8) otherwise attempt to interfere with the proper working of the Website.


Disclaimers and Limitation of Liability

User agrees that use of this Website is at User's sole risk. Neither Arbutus-newyork.com, nor its affiliates, nor any of their respective officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, "Providers"), warrant that this Website will be uninterrupted, free of viruses or other destructive code, or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Website. This Website is provided by Arbutus-newyork.com, on an "as is" and "as available" basis. Arbutus-newyork.com, makes no representations or warranties of any kind, express or implied, as to the operation of the Website, the information, content, materials or products, included on this Website. To the full extent permissible by applicable law, arbutus-newyork.com, disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Arbutus-newyork.com, will not be liable for any damages of any kind arising from the use of this Website, including but not limited to direct, indirect, incidental, punitive and consequential damages. Under no circumstances shall Arbutus-NewYork.com or any other party involved in creating, producing, or distributing this Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this Website, including but not limited to reliance by a User on any information obtained from Arbutus-newyork.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Arbutus-newyork.com’s records, programs, or services. User hereby acknowledges that these disclaimers and limitation on liability shall apply to all content, merchandise, and services available through this Website. In states that do not allow the exclusion of limitation or limitation of liability for consequential or incidental damages, User agrees that liability in such states shall be limited to the fullest extent permitted by applicable law.


Privacy Policy

Arbutus-newyork.com respects the privacy of its Users. Users are encouraged to review the terms of the Arbutus-newyork.com Privacy Policy.


Usage by Children Under 13

This Website is offered and available to users who are 13 years of age or older. However, Arbutus-newyork.com, cannot prohibit minors from visiting this Website. Arbutus-newyork.com, must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase (in any area of this Website). Arbutus-newyork.com, requires that all purchases be made either (i) by individuals 13 years of age or older, or (ii) by minors under 13 through a Arbutus-newyork.com, authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our Website and for the collection by us of certain information in accordance with the terms of our privacy policy. each time you purchase a product at Arbutus-newyork.com, you are representing to Arbutus-newyork.com that you are either (i) an individual 13 years of age or older, or (ii) a minor under 13 who is purchasing through an Arbutus-newyork.com authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our Website and for the collection by us of certain information in accordance with the terms of our privacy policy.


Termination of Usage

Arbutus-newyork.com, may terminate User's access, or suspend any User's access to all or part of Arbutus-newyork.com, without notice, for any conduct that Arbutus-newyork.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or Arbutus-newyork.com, or any of its affiliates.


Indemnity

User agrees to indemnify and hold Arbutus-newyork.com, its affiliates and their respective officers, directors, employees, contractors, licensors, suppliers, successors, assigns and agents, harmless from any claim, liability, damages, judgment, award, loss, costs, expenses, fees, or demand, including reasonable attorneys' fees, made by any third party arising out of or in connection with User's breach of any term or condition of this User Agreement or User's violation of any law or the rights of any third party.


Copyright

All content contained on this Website, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, is the property of Arbutus-newyork.com, its affiliates or their respective content suppliers and protected by international copyright laws.


Trademarks

Arbutus-newyork.com Trademarks appearing on Arbutus-newyork.com may only be used with the permission of Arbutus-newyork.com. All other marks associated with third party products, documents and company names mentioned on this Website are the trademarks or service marks of their respective owners. Any controversy or claim arising out of or relating to this User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Hong Kong International Arbitration Center. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Arbitration shall be conducted in Hong Kong S.A.R., and judgment on any arbitration award may be entered in any court having jurisdiction thereof. Each party shall be responsible for its own fees and costs in relation to the arbitration. The parties shall share equally the arbitrator's fees and costs. The arbitrator shall have no authority to award costs or punitive damages to any party. User or Arbutus-newyork.com, may seek any interim or preliminary equitable relief from a court of competent jurisdiction in Hong Kong S.A.R. necessary to protect the rights or property of User or Arbutus-newyork.com, pending the completion of arbitration.


General

This User Agreement shall be construed and governed in all respects by the laws of Hong Kong as such laws are applied to agreements entered into and to be performed entirely within Hong Kong S.A.R. between Hong Kong S.A.R. residents and without giving effect to any principles of conflicts of law. This User Agreement sets forth the entire understanding and agreement between User and Arbutus-newyork.com, with respect to the subject matter hereof and terminates, cancels and supersedes any and all oral or written agreements, understandings, statements, representations and warranties heretofore made relating to the subject matter hereof. The failure of User or Arbutus-newyork.com, to insist upon strict adherence to any provision of this User Agreement on any occasion shall not be considered a waiver of such party's right to insist upon strict adherence to such provision on any other occasion or to any other provision of this Agreement in any instance. Any waiver shall be in writing signed by a duly authorized representative of the waiving party. If one or more any provision of this User Agreement is held to be illegal, invalid or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. In the event a provision is held to be illegal, invalid or unenforceable, the User Agreement shall remain in full force and effect and the arbitrator or court shall be empowered to modify, if possible, such illegal, invalid or unenforceable provision to the extent necessary to make this User Agreement enforceable in accordance with the intent and purposes of the parties expressed herein to the fullest extent permitted by applicable law. The section headings contained in this User Agreement are for convenience only are in no way define, limit, or enlarge the scope of the provisions of such section and shall not be considered in the interpretation or enforcement of this User Agreement. Any cause of action or claim you may have arising out of or relating to these terms of use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.


Acknowledgment

By accessing or using this Website, user agrees to be bound by the terms and condition, including disclaimers. We reserve the right to review and update these terms at any time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.