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Ayes (“Ayes” or “we” or “us”) website (our “Website”) are made available to you in accordance with the following Terms and Condition. Please read carefully before you use www.ayeshk.com. Please note that any use of this Website means that you agree to the following Terms and Conditions.
By ordering on the Website, you are merely making an invitation to treat upon us. It is entirely at our discretion to reject or accept your offer of purchase.
Contract between you and Ayes will only be completed when we have accepted your offer to purchase the goods and by emailing you our invoice or dispatch receipt that includes the date of the contract being entered which will be the date shown on said invoice or receipt. The sale contract is concluded and governed by the jurisdiction of Hong Kong.
We currently accept the following form of payment:
Payment will be debited and cleared from your account upon dispatched. If we accept any other forms of payment in addition to the above, we shall notify you in advance.
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) (“Information”) and shall not be bound in any manner by any Information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. All information or contents in this Website are for reference only.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your personal information or material and information transmitted over Ayes system.
Unless otherwise stated and to the extent permitted by law, the Website Owner hereby expressly exclude all conditions, warranties and shall not be liable for any loss, liability, damage whatsoever (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party (including your company), arising out of or related as a result of or which may be attributable, directly or indirectly, to any information contained on the Website, your access and use of the Website and the performance of this Website. Neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or for any actions taken in reliance on the Website or occasioned thereby or by reason of non-performance or interruption, or termination of the Website.
These Website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the Website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “Current Version”) and, unless stated in the Current Version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then Current Version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these Website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No failure or delay in the Website Owner in taking action against you for breach of these Terms and Conditions shall be construed as or will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights and remedies of the Website owner, save in the event or to the extent that the Website Owner has signed a written document expressly waiving or limiting such rights.
Any provision in these terms and conditions, shall become unenforceable or invalid in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall in no way affect the remaining provisions of any relevant terms and conditions and these terms and conditions shall remain in full force and effect.
Any relevant terms and conditions shall be governed by and construed in accordance with the laws of Hong Kong without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Hong Kong in respect of any disputes arising in connection with the website, or any relevant terms and conditions or any matter related to or in connection therewith.
1. These Terms and Conditions apply to all contests held under the Design Section on Ayes website by Ayes Limited (“Ayes”).
2. By joining the contest, participants will be deemed to have read, understood and agreed to the following Terms and Conditions and Ayes and its subsidiaries reserves the right to exclude any entry from the contest if it has reasons to believe that a participant has breached any of the following Terms and Conditions.
3. Ayes contests are open to the general public that are at least eighteen (18) years of age or older. Each participant may only enter once in each of the Ayes contests.
4. All participants must register as a member on Ayes before they will be eligible for entering the contest. Ayes has the final decision on the eligibility of the participants.
5. Each of the entries submitted must be upload in jpg. file format.
6. Each of the entries will be screened and approved by Ayes before they will be uploaded on the website for public voting. The screening process will take about 3 days from the date of the successfully submission of the entry. Ayes has the final decision to refuse entries that does not pass the screening process and those rejected entries will not be considered for public voting.
7. All participants agree that their entries submitted must not include inappropriate language, nudity, political and sexual references or statements that, in Ayes’s opinion, promote discrimination or hatred towards individual, gender, race or community.
8. The contest will only accept entries submitted before the time of close of submissions specified by Ayes, any late submissions will not be accepted. The entry time will be based on the Ayes’s server record and Ayes reserves the right to disqualify any entries which are considered late submissions.
10. Top five winners will be awarded with cash prize, the amount of which will be stated on the Ayes contest page.
11. All winners have the option to collect prize in person, by bank transfer or by other electronic payment means accepted by Ayes.
12. The winner will be notified by email individually within 48 hours following from the announcement of the voting result. Following the notification, the winner is required to reply by email within 5 working days from the date of the notification email whether they will accept the offer of the prize. If the winner either declines to accept the offer of prize or otherwise failed to reply to the email within 5 working days of the notification email, Ayes has the right to forfeit the offer involved without any liability to the winner and next winners in the line may be selected as the winners and will offered with the prize.
13. By replying and accepting to the notification email, all winners agree that Ayes shall use and adopt the winning design(s) to produce merchandise (including but not limited to T-Shirts). The produced merchandises will be sold by Ayes.
14. All winners will receive a discretionary commission from the selling price of each of the merchandises (printed with all or part of the winners’ designs) (including but not limited to T-Shirts) sold by Ayes. Ayes reserved the right to determine the commission rate of each of the winners will receive. Details of the commission rate will be sent by Ayes to the winners individually in the notification email.
15. The payment for the commission will be sent to the winners via their preferred payment method. The payment will generally be made 15 days after at the end of every month. It may take up to 3 working days for Ayes to process the payment so there may be delay to the transfer of the payment.
16. Ayes will only accept the following payment method: -
a) Bank transfer;
b) Paypal;
c) FPS
17. All entries must be original design of the participant and must not infringe any existing intellectual property rights. If there be shall any infringement, or potential infringement, or passing off arising from the design of the participant, Ayes should not held liable, nor responsible for any infringement, potential infringement or passing claims from any third party.
18. By joining the contest, all winners agree to grant to Ayes an irrevocable, perpetual, royalty free, fully paid up, worldwide, exclusive license to use the intellectual property rights (including but not limited to copyrights) of the winning designs (and any component of it) for any promotional and marketing purposes without notify the winning participants and without any fee being paid, including (without limitation) to use, display, publish, transmit, copy, edit, alter, adapt, store, re-format and sub-license the winning designs.
19. All participants agree that Ayes may exercise the global, exclusive right to communication their entries in whole or in part to the public on any media platform.
20. All winners waive any and all moral rights and any other similar rights in the winning designs and consent to any act or omission that would otherwise infringe their moral or similar rights. In these terms and conditions, moral rights include:-
1. A right of attribution of authorship;
2. A right not to have authorship falsely attributed;
3. A right of integrity of authorship; and
4. Any right of a similar nature which is conferred by statute and which exists or comes to exist anywhere in the world
21. If the winner is found to have disposed of to a third party, such as by assignment, transfer or provision as security, or is making application or registration procedure, etc. for all or any part of the intellectual property rights or any other rights concerning his/her winning design after the close of contest and before the notification email without notifying or the consent of Ayes, Ayes has the right to forfeit the prizes involved without any liability to the winners and next winners’ entries in the line may be selected as the winning designs.
22. Ayes shall not be obliged to accept or approve any entry, should they consider that none of entries submitted is appropriate.
23. Ayes has the full rights to modify and/or develop different variations of the winning design including modification of its colours, size, form, resolution and all other features, without the consent of the winner.
24. To the full extent permitted by law, Ayes will not in any circumstances be responsible or liable to compensate the participants nor accept any liability for any intellectual property claims in relation to the winning designs.
25. If any provisions of these terms and conditions is held to be illegal, invalid, void or otherwise unenforceable, it will be severed from the remaining provisions, which will continue in full force and effect.
26. These terms and conditions shall be governed by the laws of Hong Kong, and all participants submit to the exclusive jurisdiction of the courts of Hong Kong.