Lee Wah Terms & Conditions

Terms of Service

PLEASE ENSURE THAT YOU TAKE THE TIME TO READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THIS SITE.

1. Terms of Service

1.1 The terms of service (Terms of Service) set forth below, apply to all visitors to and users of our Site (whether you are a registered Lee Wah application account holder or not, and whether you pay for a subscription to any of our Services; or are using our Services as a non‑paying user; or on a free trial basis). The Terms of Service govern your use and access to our services, including our website (www.lwframing.com), online and offline applications or application plug‑ins running on any platform or device (Applications), application programming interfaces (APIs), and email notifications (collectively referred to as Services), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as Content).

1.2 By accessing and using the Service you signify your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.

1.3 In these Terms of Service, the words “you” and “your” refer to each customer, Site visitor or Application user “we”, ”us”, “our” and “Lee Wah” refer to Lee Wah Art & Frames Limited, a limited liability company registered in Hong Kong.

1.4 If you are entering into these Terms of Service on behalf of a company, partnership, sole proprietorship or other legal entity, you represent that you have the legal authority to bind such entity to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or you do not agree with these Terms of Service, you must not use this Site, our Applications or any of our Services. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorised representative of your entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we may, but are not obliged, to require additional authentication from you.

1.5 OUR SERVICES ARE NOT INTENDED FOR MINORS. YOU AGREE THAT BY USING THE SITE, APPLICATIONS AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

1.6 Lee Wah reserve all rights and final decision in case of dispute.

2. Changes of Terms

We may amend the Terms of Service from time to time in our sole discretion without notice or liability to you. It is your responsibility to review these Terms of Service periodically. By continuing to use the Services following such amendments to the Terms of Service, you agree to be bound by such amendments. If you do not agree to the Terms of Service, now or at any time, please do not use the Site or any Applications.

3. Other Applicable Terms

These Terms of Service refer to the following additional terms, which also apply to your use of our Services:

(a) our Privacy Policy Statement, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Hong Kong and/or other countries for storage, processing and use by Lee Wah. [As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Lee Wah application account, which you may not be able to opt-out from receiving]; and

(b) our Payment Terms, which set out the additional terms for users of our paid and subscription based services.

4. Lee Wah Website and Web Application

The services of Lee Wah includes but is not limited to an application for the design of custom framing and an e-commerce platform for purchasing the designed custom framing.

5. Changes to Our Services

5.1 Because the Services that we provide are always evolving, their form and nature may change from time to time and we may not be able to give you prior notice. In addition, we may stop (permanently or temporarily) providing features within the Services) to you or to users generally. Wherever possible we will try to provide you with prior warning of a disruptive event.

We may offer certain Services as closed or open beta services (Beta Service or Beta Services) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that lee wah will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

6. We Make Every Effort to Ensure That Our Services are Always Available but We Cannot Guarantee that Services Will Not Be Uninterrupted. We will Not Be Liable to You If For Any Reason our Services are Unavailable At Any Time or For Any Period.

We make every effort to ensure that our Services are always available but we cannot guarantee that Services will not be uninterrupted. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.

7. Account

7.1 Passwords

(a) To access certain features of our applications and services, you must register for a Lee Wah application account. During account registration, you will be asked to provide details including your first name, last name, email address, mobile phone number and a preferred password. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You must use 'strong' passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. Lee Wah Art & Frames Limited cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

(b) We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

(c) If you know or suspect that anyone other than you knows your password, you must promptly notify us at support@lwframing.com

(d) If you set up an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms. In no event and under no circumstances will Lee Wah be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Lee Wah under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity

8. Orders

These Terms of Use shall govern any order you make through the Site for Products and/or Services (such order, an “Order”).

Procedures for Placing an Order: Unless otherwise specified on the Site, Orders through our Site are made through the following process:

When you place an Order on our Site for a specific Product(s), you will select your Products and provide your Payment information to Lee Wah as set forth below. Lee Wah will process your payment at the time that you place your Order.

The item that you wish to have framed is referred to herein as your “Artwork”. You may either send us a digital copy of your Artwork or the actual Artwork.

If you are providing Lee Wah with a digital copy of your Artwork (the “Digital Artwork”), please upload the digital file of the Artwork to the Site. Lee Wah will print such Artwork and frame such Artwork solely according to your specifications as set forth on the Site. Please note that Lee Wah may choose to not complete your Order for any reason, including without limitation, if Lee Wah believes that you do not have the proper ownership rights to reproduce the Digital Artwork. In such case, Lee Wah will cancel your Order and refund any payments made by you.

If you are providing Lee Wah with a non-digital copy of your Artwork, you are responsible to send such Artwork to Lee Wah to be framed.

Please properly package your Artwork in accordance with the instructions set forth in such materials or as otherwise specified on the Site. Please send back to us your Artwork in such packaging Materials and in accordance with the delivery instructions provided to you by Lee Wah. In the event that Lee Wah has not received your Artwork within ninety (90) days of the date that you placed your Order, upon your written request, Lee Wah will cancel your Order. Following such cancellation, Lee Wah will refund the amount of your payment for such Order, less a HK$100.00 handling fee which will be retained by Lee Wah.

Upon receipt of your Artwork, Lee Wah will frame your Artwork using the Products set forth in your Order. In the event that Lee Wah is not able to complete your Order for any reason, Lee Wah will return to you your Artwork and refund any payments made by you, less the amount of shipping fee.

Following completion of the framing of your Artwork, Lee Wah will send to you your framed Artwork (the “Final Product”, which constitutes a Product under these Terms). The Products are subject to Lee Wah’s then-current return policy, as posted on the Site.

Acceptance of Your Order: Your placement of an Order through our Site is an offer to purchase the Product(s) and/or Services ordered and we may accept your Order by processing your payment and shipping the Final Product(s). Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by Lee Wah until the Final Product(s) has been shipped to you. If some of the Products in your Order are temporarily out of stock, we will ship the available Products only and notify you of any Products that cannot be fulfilled. If we decline to accept your Order, we will attempt to notify you at the email address you provided. We further reserve the right any time after receipt of your Order, without prior notice to you, to supply less than the quantity you ordered of any item. Your Order will be deemed accepted by Lee Wah upon our delivery of the Final Products that you have ordered. We may require additional verifications or information before accepting any Order. All Products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the Products passes to you when Lee Wah provides the Product(s) to a common carrier.

9. Shipping of Orders

Any estimated shipping date provided by Lee Wah is based on the date that Lee Wah receives your Artwork from you, Product availability and payment processing time, and does not include transit time. Lee Wah only ships currently to addresses in the Hong Kong and Macau.

10. Pricing and Products

We make efforts to display our Products and their colors as accurately as possible. Having said that, the displayed colors of the Products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. We cannot confirm the price of an item until you place an Order. In addition, in the event that we receive your Artwork and we determine that the Product that you have ordered will not work for your Artwork, we will communicate with you to determine if you would like to change your Order to a different Product. In the event that you change your Order, the price of your Order will likely change. You authorize us to charge your payment method for any changes to your Order that you have approved. Despite our best efforts, a small number of the items on our Site may be mispriced. We are not responsible for typographical errors regarding price or any other matter. Unless otherwise noted on the Site at the time of your Order, all prices include shipping and handling. Unless otherwise set forth on the Site, the prices do not include sales taxes or any other taxes that we are required to add to your Order. Such taxes will be added to your total purchase price, if applicable.

11. Promotional Offers; Gift Cards

We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Only one promotional code may be used per transaction.

(a) Lee Wah gift cards and gift certificates ("Gift Cards") may only be redeemed toward the purchase of eligible goods and services provided by Lee Wah on www.lwframing.com. Purchases are deducted from the redeemer’s Gift Card balance. Any unused Gift Card balance will be placed in the redeemer’s lwframing.com account. If a purchase exceeds the redeemer’s Gift Card balance, the remaining amount must be paid with another payment method. No fees apply to Gift Cards. Gift cards do not expire.

(b) Gift Cards may not be redeemed for the purchase of products at any other website. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Unused Gift Card balances in a lwframing.com account may not be transferred to another lwframing.com account.

(c) The risk of loss and title for Gift Cards pass to the purchaser upon Lee Wah’s electronic transmission of the Gift Card to the purchaser or designated recipient, or Lee Wah’s delivery to the carrier, whichever is applicable. Lee Wah is not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.

(d) We have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on lwframing.com.

Lee Wah MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND Lee Wah’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. Your License to use the Services

12.1 Non-paying users

Lee Wah Art & Frames Limited gives you a personal, worldwide, royalty-free, non-assignable, non-exclusive and revocable license to use the software that is provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Lee Wah, in the manner permitted by these Terms of Service.

12.2 Paying users and subscribers

(a) As a paying user or subscriber to any Subscription Plan, we authorise you to use our Content for which you agree to pay us in accordance with the relevant subscription fee in accordance with our Payment Terms.

13. User and Artist Submitted Materials

Any materials submitted by you to Lee Wah, including, without limitation, your Artwork, photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions. You will retain ownership of such User Submitted Materials, and you grant Lee Wah and our designees a limited, non-exclusive, royalty-free, right and license, to use, reproduce, distribute, create derivative works of and publicly display such User Submitted Materials (i) to enable you to use the Service to create, produce and purchase Products, (ii) in connection with the production or provision of any Product or Service you request, (iii) to show you how your User Submitted Materials would appear in our Products or Services, and (iv) to enable Lee Wah to provide the Products and Services. For example, when you place an Order for a Product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for framing, packaging and shipment. With respect to materials submitted by an Artist to Lee Wah, including, without limitation, Artwork, photographs, images, text, graphics and other materials (collectively, "Artist Submitted Materials", and together with the User Submitted Materials, the “Submitted Materials”), the Artist retains ownership of all of such Artist Submitted Materials. Lee Wah agrees that it will work individually with an Artist to obtain any rights to use, reproduce , distribute and publicly display Artist Submitted Materials on the Site or in other Lee Wah marketing materials and solely with the consent of the Artist.

(a) Please note that, while you retain ownership of your Submitted Materials, any template or layout in which you arrange or organize such Submitted Materials through tools and features made available through our Sites are not proprietary to you, and the rights to such template or layout will remain with us.

(b) You represent and warrant that you own or otherwise possess all necessary rights with respect to the Submitted Materials, and that the Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Submitted Materials, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

(c) You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such Submitted Materials.

(d) You agree that we may (but are not obligated to) filter any Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any Submitted Materials (including, without limitation, suspending processing and shipping of any Order relating to any User Submitted Materials) and/or disclose any Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable Products or Services, to enforce these Terms or to comply with legal obligations or governmental requests.

(e) You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) the Submitted Materials; and (ii) an actual or alleged infringement or violation of any third party’s rights with respect to such Submitted Materials.

(f) You agree that you, not Lee Wah, are responsible for all of Your Submitted Materials.

(g) We may, in our sole discretion, determine whether Your Submitted Materials complies with such instructions and is satisfactory for use in our Services. Submitted Materials that violate these Terms may be removed from our Site; provided, however, that we have no obligation to remove Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal or non-removal of any Submitted Materials from our Site.

14. Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products, the Site or the Services (collectively“Feedback” ) you agree we may use the Feedback to modify our Products, Site and Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.

15. Use of Products by Lee Wah

From time to time, Lee Wah may request your consent for Lee Wah, its affiliates and partners to use photographs and other reproductions of Products ordered by you or provided to you, including Products that contain your Submitted Materials, and other materials supplied by you to Lee Wah in Lee Wah’s marketing materials, publicity and other materials and on the Site. In such event, Lee Wah will seek your consent prior to such use. If you provide us with your consent, Lee Wah, its affiliates and partners will have a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of to use, reproduce, distribute, create derivative works of and publicly display, photographs and reproductions of such Products and other materials in all media existing now or created in the future to market our Products, Services and Site and for such other purposes as we may determine.

16. Third Party Content and Other Websites

Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Site and/or the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The Site and Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Site and/or Services you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Site or Services. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Site and Services may contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. 

YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.

17. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO SELL THE PRODUCTS AND PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.

EXCEPT AS EXPRESSLY SET FORTH BELOW REGARDING LOST OR DAMAGED ARTWORK, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE TOTAL AMOUNT OF THE ORDER GIVING RISE TO OUR LIABILITY. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.

Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Without limiting the foregoing, under no circumstances WILL WE or our partners be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.

18. Limited Remedy for Loss Or Damage Of Your Artwork

As art lovers dedicated to protecting and preserving art, safeguarding ARTWORK is Lee Wah’s priority. Lee Wah strives to make shipping your ORDER to us safe and secure. Lee Wah’s packaging is designed to protect your ORDER against the standard shipping process, and Lee Wah’s shipping partners allow you to track your ORDER from your door to Lee Wah’s studio and back again.

INDEMNIFICATION. You agree to indemnify, defend and hold harmless Lee Wah, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents (“Lee Wah Parties”), from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Products, Site or Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your breach or any representation or warranty contained in these Terms: (iv) your Submitted Materials; (v) your violation of any rights of any other person or entity; or (vi) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services. Lee Wah reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Site and/or Services.

19. Intellectual Property Rights

19.1 All intellectual property rights subsisting in respect of the Services belong to Lee Wah or have been lawfully licensed to Lee Wah for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as our Site is copyrighted under applicable laws.

19.2 You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, for example through submissions made in a Site forum, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed), except as otherwise provided in our Privacy Policy Statement. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

20. Limited Liability and Warranty

Please read this section carefully since it limits the liability of Lee Wah and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, Lee Wah Entities). We give you no warranty or assurance about this Site, our Applications or Content.

Each of the subsections below only applies up to the maximum extent permitted under applicable law.

20.1 THE SITE, APPLICATIONS AND ALL CONTENT, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN 'AS IS,' AND 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LEE WAH ENTITIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

20.2 WHILE WE MAKE EVERY EFFORT TO ENSURE QUALITY, LEE WAH MAKES NO WARRANTY THAT THE SITE, APPLICATIONS OR CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR APPLICATIONS WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER CONTENT PURCHASED OR OBTAINED THROUGH THE SITE, APPLICATIONS OR IN RELIANCE ON THE CONTENT WILL MEET YOUR EXPECTATIONS.

20.3 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE LEE WAH ENTITIES EXCEED THE AMOUNT PAID TO LEE WAH, IF ANY, IN THE PRECEDING 12 (TWELVE) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

20.4 The Lee Wah Entities shall not guarantee that:

(a) any Content presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;

(b) messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;

(c) access to the Services will be available or be uninterrupted;

(d) use of the Services will achieve any particular result; or

(e) defects in the Services will be corrected.

20.5 Without limiting the generality of the foregoing, in no event will the Lee Wah Entities be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information or the services, even if any of the Lee Wah Entities has been advised of the possibility of such loss or damages.

20.6 You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. It is your responsibility to ensure that your use of the information and the Services complies with all applicable legal requirements.

20.7 Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us as set out in these Terms of Service or otherwise, you are advised to contact us at support@lwframing.com. No such lack of response shall be deemed to constitute any acquiescence or waiver.

20.8 The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.

21. Inappropriate Content

21.1 When accessing the Site, any Applications, or using our Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:

(a) is libelous, defamatory, obscene, pornographic, abusive or threatening; or

(b) advocates or encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws or regulations.

21.2 Lee Wah will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.

22. Content Copyright Policy

22.1 Lee Wah respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.

22.2 Lee Wah respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.

23. Use of the Services

23.1 We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Lee Wah, its users and the public.

23.2 We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

23.3 You may not do any of the following while accessing or using the Services: (i) access, tamper with Lee Wah’s computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

23.4 We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

24. Indemnity

You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

25. Partial Invalidity

The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

26. No Waiver

No waiver of any breach under these Terms of Service will amount to a waiver of any other breach. The headings in these Terms of Service are for convenience only and do not affect interpretation.

27. Termination

The Terms of Service will continue to apply until terminated by either you or us as follows.

27.1 You may end your agreement with us at any time for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services. If you choose to deactivate your account, your account will be archived but open for reactivation at any time.

If you have paid for an annual subscription with us, and you cancel your subscription with us in writing prior to the end of that subscription period then we will refund a proportion of your subscription fee.

27.2 We may suspend or terminate your accounts or cease providing you with all or part of the Services if we reasonably believe: (i) you have violated these Terms of Service; or (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer possible. In all events, we will try to notify you by the email address associated with your account or the next time you attempt to access your account.

27.3 Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in Clause 5.Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in Clause 5.

27.4 Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in Clause 5.

28. International Users

This Site can be accessed from countries around the world and may contain references to services and Products that are not available in your country. These references do not imply that Lee Wah intends to announce such services or Products in your country. The Site and Services are controlled and offered by Lee Wah from its facilities in the Hong Kong. Lee Wah makes no representations that the Site or the Products are available for use in other locations. Those who access or use the Site or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. The following provisions shall apply only if you are located in the countries listed below.

(a) United Kingdom. A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.

(b) Germany. Notwithstanding anything to the contrary in Section 17, Lee Wah is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).

29. Notice

Where Lee Wah requires that you provide an e-mail address, you are responsible for providing Lee Wah with your most current e-mail address. In the event that the last e-mail address you provided to Lee Wah is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Lee Wah’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Lee Wah at the following address: support@lwframing.com. Such notice shall be deemed given when received by Lee Wah by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

30. Tradmarks & Copyright Notice

The trademarks, logos and service marks displayed on the Site are the property of Lee Wah or its licensors. Unless otherwise specified, all information and screens appearing on this Site including all materials, documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of Lee Wah, Copyright © 2019 Lee Wah, Inc. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

31. Choice of Language

It is the express wish of the parties that these Terms and all related documents have been drawn up in English.

32. Governing Law

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Hong Kong.

Last updated 18th, Jul, 2020