Website Terms of Use

Website Terms of Use
  1. www.watsonsasia.com (“Site”) is operated by AS Watson Retail (HK) Limited and/or its affiliates (“we” and “us”).

  2. Use of the Site is on the terms contained in this document (“Terms of Use”). By accessing, browsing, using, registering with, or placing an order on the Site you are indicating your acceptance to be bound by these Terms of Use in their entirety. They are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with any details provided on the Site about how the Site operates and the services which are available. If you do not agree to these Terms of Use, stop using the Site immediately.

  3. You should read our Privacy Policy.

  4. Additional terms may apply to specific parts of our Site and services. We reserve the right to change these Terms of Use from time to time without prior notice by changing them on the Site.



2. Accessing the Site
  1. We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device.

  2. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

  3. From time to time, we may restrict access to some features or parts of the Site, or the entire Site, to users who have registered with us. To register, you must be over eighteen (18) years of age. By registering on the Site and/or using the Site, you confirm and certify that the information you provide, included but not limited to, your date of birth is complete, accurate and up-to-date. You agree to update your registration information promptly if it changes. All personal information you provide will be kept secure and processed in accordance with our Privacy Policy. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We are authorised to assume that any person using the Site with your registration is either you, yourself or is authorised to act on your behalf. You are responsible for all actions or activities that occur through or under your registration, unless you report misuse on a timely basis. We have the right to permanently remove inactive registrations, and disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use, and that they comply with them.



3. Accuracy of Information
  1. We will use reasonable endeavours to ensure that information on the Site is accurate, but commentary and other material posted on the Site are not intended to amount to advice on which you should rely. We make no representation or warranty that any information is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information.

  2. The views expressed in our user generated content are the opinions of those users and do not represent our opinions.

  3. If you find any inaccurate information on the Site please let us know and we will endeavour to correct it, where we agree, as soon as reasonably practicable.



4. Use of Content
  1. The copyright, database rights, trade marks, domain names and other intellectual property rights in all material and information on the Site (“IPR Content”) belongs to or is licensed to us.

  2. You may download or print off copies of the IPR Content on the Site for your personal, non-commercial use and information only. If you do download or print off copies of the IPR Content you must retain any copyright or other intellectual property notices contained in the original material.

  3. You are not permitted to copy or adapt the IPR Content, layout or code of the Site, or create an archive or database containing all or parts of the IPR Content for any business purpose or other commercial exploitation, without our specific consent. 4.4 Our name may not be used in any way, including in advertising or publicity amounting to distribution of materials on the Site, without our prior written consent.

  4. We reserve all rights in and to the IPR Content, including the right to revoke at any time any authorization or consent granted by us.



5. User Generated Content
  1. By submitting content (other than your personal data) to the Site you confirm that you have the right to use the same and a submission together with your agreement to these Terms of Use shall constitute an assignment to us of any intellectual property rights in such content. Any content you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, remove, distribute and disclose to third parties any such content for any purpose including (but not limited to) use of such content at our own discretion (with or without accreditation) in any media.

  2. You confirm that content you upload to the Site (including any photos, videos, reviews, comments, or other communication, information or content) does not contain anything that: (i) is distasteful, offensive, threatening, defamatory, misleading, defrauding or controversial, of bullying, harassing or otherwise objectionable behaviour, (ii) infringes any intellectual property rights, privacy or other rights of any person, (iii) otherwise does not comply with all applicable laws and regulations, and (iv) consist of or contain software viruses, political campaigning, commercial solicitation, spam, unsolicited commercial electronic messages or other material which may interfere with or disrupt the Site or our services.

  3. We reserve the right (but not the obligation) to monitor, edit and/or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

  4. You agree to indemnify and hold us harmless from and against all damages, losses, costs, fees and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to your breach of these Terms of Use, any user content you provide or otherwise contribute, any activity in which you engage on or through the site; and your violation of any law or the rights of any third party.



6. Links to this & other websites
  1. We may from time to time provide you with access to content from third parties, such as links that will enable you to access the websites of third parties directly from the Site. Such third party content are not under our control and, unless otherwise stated, we have no relationship with the third parties and no contribution is made by us to such content and/or websites. We do not endorse or evaluate third party content and we do not assume responsibility for them. When you click through to these content and/or websites you may leave the area controlled by us, and we cannot accept responsibility for any issues arising in connection with either the third parties' use of your data, the content or the services offered to you by third parties.

  2. We reserve the right, at our discretion, to prohibit any link from another internet site to materials or information on this Site. Without prejudice to that right, if you wish to link to the Site, you may only do so on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:

    • You do not remove, distort or otherwise alter the size or appearance of our logo;
    • You do not create a frame or any other browser or border environment around the Site;
    • You do not in any way imply that we endorse any products or services other than our own;
    • You do not misrepresent your relationship with us nor present any other false or misleading information about us;
    • You do not otherwise use any of the trade marks displayed on the Site without our express written consent;
    • You do not link from a website that is not owned by you; and

  3. Any website from which you link to the Site does not contain any content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.



7. Our Liability
  1. Although we hope the Site will be of interest to users (and except to the extent that our Privacy Policy apply), we accept no liability and offer no warranties or conditions in relation to this Site or its content or services, to the fullest extent such liability can be excluded by law.

  2. WE ONLY PROVIDE THE SITE FOR DOMESTIC AND PRIVATE USE. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF OUR SITES OR STORES (WHETHER PHYSICAL OR ONLINE), INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. OUR TOTAL LIABILITY IN CONNECTION WITH THESE TERMS IS LIMITED TO THE LOWER OF: (I) US$10; OR (II) THE AMOUNT OF FEES, IF ANY, THAT YOU PAID TO USE THE RELEVANT SERVICES IN THE THREE MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM.

  3. This does not include or limit in any way our liability for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot, under law, be excluded.



8. General
  1. AS Watson Retail (HK) Limited is a company registered in Hong Kong.

  2. Any formal legal notices should be sent to us at our Customer Services address set out in the Contact Us section.

  3. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Use.

  4. If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected and shall remain in force.

  5. You and we agree that the laws of Hong Kong apply to these Terms of Use and that any dispute between us regarding the Site or arising out of or in connection with these Terms of Use will only be dealt with by the courts of Hong Kong.

  6. These Terms of Use describe the relationship between you and us, they do not create legal rights for other persons, even if they may benefit from such relationship.



9. Contact Us
  1. If you experience problems with the Site or would like to comment on it, please feel free to Contact Us.



10. Updates
  1. These Terms of Use were last updated in June 2021.



NOTICE ON DISCLAIMER, COPYRIGHT AND LIMITATION OF LIABILITY

Application
  1. This notice applies to:
    • the use of http://www.watsonsasia.com;
    • all information stored on or receivable through this or any other Watsons server ("Information"); and
    • any goods or services offered, accessed or obtained through www.watsonsasia.com or Watsons retail stores (collectively called "Watsons") by you ("the User").
    This notice limits the liability of AS Watson Retail (HK) Limited and its associated companies, subsidiaries, employees, agents, contractors and any third party Information provider (collectively "AS Watson") in relation to any such use, Information, goods and services.


Copyright
  1. The Information may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User's responsibility to determine whether any such infringement ("Copyright Infringement") will occur.


General Disclaimer
  1. AS Watson expressly disclaims any responsibility, representation or warranty:
    • in relation to the quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, http://www.watsonsasia.com or the Information;
    • in relation to any goods or services accessed, offered or obtained through http://www.watsonsasia.com or through the retail outlet of Watsons or pursuant to the Information;
    • that any access to www.watsonsasia.com or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties;
    • that the Information will not be objectionable or offensive to the User or any other person;
    • for any error, omission or misstatement in or arising from the Information.
    AS Watson does not endorse or recommend any person, organization, name, product or service referred to in the Information, nor does the Information constitute AS Watson's views or opinions. AS Watson will not be a party to any transaction between the User and any third person in any way relating to the Information or made through http://www.watsonsasia.com unless and only to the extent expressly stated in writing otherwise.


Third Parties Websites
  1. www.watsonsasia.com may contain materials produced by third parties or links to other websites. AS Watson accept no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to www.watsonsasia.com) which are not under AS Watson's direct control. AS Watson reserves the right to require the removal of any link from another website to www.watsonsasia.com which is installed without obtaining the prior written consent of AS Watson.


Limitation of Liability
  1. AS Watson shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:
    • any direct loss;
    • any consequential or indirect loss (including without limitation loss of revenue or profits); or
    • the User's liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information or www.watsonsasia.com's use.


Confidentiality
  1. AS Watson does not warrant (and accepts no responsibility for) confidentiality of any information or data whether personal or otherwise transmitted through www.watsonsasia.com. AS Watson's current practice is to take reasonable steps to maintain confidentiality.


Availability and Suitability of Services
  1. AS Watson does not warrant that the information or materials contained in www.watsonsasia.com are current or accurate. AS Watson may change the materials appearing on www.watsonsasia.com at any time without notice.


User's Obligations
  1. In consideration of AS Watson allowing the User access to the Information and/or www.watsonsasia.com, the User agrees:
    • not to carry out or allow any Copyright Infringement;
    • not to use the Information or the User's access to www.watsonsasia.com for any illegal, improper, obscene or defamatory purpose;
    • to take all steps to ensure the Information does not damage the User's information or systems;
    • to ensure that all information which you provide to www.watsonsasia.com is true and accurate to the best of your knowledge;
    • to AS Watson conducting research on access to the Information;
    • to all AS Watson's disclaimers and limitations of liability set out in this notice; and
    • to AS Watson's personal data policies current from time to time applying.

Your continued use of Watsons or any part of it will be deemed as full knowledge and acceptance of these Terms of Use. If you do not agree to these Terms of Use, your sole recourse shall be to cease using Watsons.

You agree and undertake NOT to: (i) post, promote or transmit any materials or information through Watsons which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses or damaging components that may detrimentally interfere with Watsons or its operation; (ii) use Watsons other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws, or view, listen to, download, print or use any materials in Watsons other than as allowed under applicable laws; (iii) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (iv) provide on Watsons data that are inaccurate and agree to take sole responsibility for such information and data; and (v) share or disclose your account information and password and shall be responsible for maintaining the confidentiality of the same by restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account, whether such activity is authorized or not. You should notify us immediately if you have knowledge or have reason for suspecting that the confidentiality of your account has been compromised or that there has been any unauthorized use thereof.

Any feedback, comments, or suggestions (“Submission”) you may provide regarding the use of Watsons is entirely voluntary and we will be free to use such Submission as we see fit and without any obligation to you. By making a Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grant us the right to use the name you submit in connection with such Submission.



Indemnity
  1. User agrees to hold AS Watson harmless and indemnify AS Watson against all losses, damages, claim, demands, liabilities, costs (including legal costs), and expenses in connection with your use of www.watsonsasia.com in breach of the terms and conditions herein or negligence.


Law and Severability
  1. Hong Kong law governs this notice, and each part of this notice shall apply to the extent permitted thereby. Any part of this notice which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of this notice nor affect the validity or enforceability of that part in any other jurisdiction.


Trademark Notice

WATSONS is trade mark of the AS Watson Group and has registered trade marks and pending trade mark applications in a number of countries. Any unauthorised use or reproduction of the trade marks may amount to an infringement of the rights of the AS Watson Group.



Copyright

© 2021 AS Watson Group – All rights reserved.

The information and materials on this website may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). It is your responsibility to determine whether any infringement will occur if you download, copy, transmit, publish, store or otherwise use or deal with the information contained in this website without the prior consent of Watsons Asia.

No person, whether an individual or a body corporate, shall create or establish a hyperlink to the Watsons Asia Website by hypertext reference or imaging without the written permission of Watsons Asia.