Terms of Use

1. Applicability

This website, https://www.roamcollection.com (“Website”) is operated by Origin Brands HK Limited (“ROAM”) or “we” or “our” or “us”). The Terms of Use set out below and throughout the Website (“Terms of Use”) shall apply to your use of the Website.

2. Agreement to Terms of Use

1. In these Terms of Use, “you” means any person or entity who uses or accesses the Website.

2. Our Privacy Policy Statement and Personal Information Collection Statement form part of these Terms of Use.

3. By accessing and using the Website you represent that:

a. you are at least the age of majority in your place of residence;

b. you agree to be legally bound by these Terms of Use. If you do not agree to these Terms of Use, do not use or access the Website; and

c. you will not use our products for any illegal or unauthorized purpose, nor will you, in the use of our products, violate any laws applicable in your place of residence, including intellectual property laws.

4. These Terms of Use may be amended, supplemented or otherwise modified (“Changes”) by ROAM at its discretion and without prior notice. These Changes will be effective immediately upon publication on the Website, and your continued use and access of the Website after such publication shall constitute your acceptance of such Changes. It is, therefore, your responsibility to regularly review these Terms of Use and familiarise yourself with such Changes.

3. Products and Orders

1.We reserve the right to refuse or cancel, for any reason, any order for our products placed via the Website. Such right may be exercised generally or on a case-by-case basis at our discretion.

2. We make no warranty or representation with regards to, and reserve the right to alter at any time, the product specifications stated or displayed on the Website, including with respect to colour, shade and size. We make no warranty or representation that any of our products will meet your expectations.

3. All prices and descriptions of our products are subject to change without notice and at our sole discretion.

4. We reserve the right at any time to modify or discontinue the sale of any product displayed on our Website.

5. We reserve the right to limit the sales of our products or Services in terms of quantity, or with respect to any person, geographic region or jurisdiction. Such right may be exercised generally or on a case - by -case basis at our discretion.

6. You represent that all information provided by you with respect to any order placed via our Website is true and complete, including identity, contact and payment information. We shall have no liability, by way of refund or otherwise, for any lost or unfulfilled orders where the said provided information is not true and complete.

7. Further details on shipping, change, cancellation and return of orders made through our Website can be found here.

4. Content

1. The content of the Website is provided on an “as is” basis for your general reference only. ROAM makes no representations or warranties of any kind with respect to the accuracy, completeness, or non-infringement of third-party rights, of such content, and disclaims any and all liability for such information and any errors, inaccuracies or omissions therein. 

2. Without limiting the generality of paragraph 4.1 above

a. the Website may from time to time contain forward-looking statements regarding, inter alia, ROAM ’s future projects, products, targets and/or projections. Such statements are provided purely to provide an insight as to ROAM’s position at the time the statements are made. The fulfilment of such statements is, however, dependent upon numerous factors, many of which are out of ROAM’s control, including, but not limited to, the global economic environment. Consequently, ROAM assumes no liability, and gives no guarantee, as to the accuracy or fulfilment of any forward-looking statements.

b. ROAM makes no representations or warranties with regards to product images displayed on the Website, including, but not limited to, the specifications, colour, shade, size or availability of such products. Such images may be revised from time to time at the discretion of ROAM.

c. the Website may contain testimonials/comments from, inter alia, ROAM’s business partners, employees, customers, or consultants. Such testimonials/comments have, in some instances, been edited
for clarity, length, and to amend grammatical or typographical errors. These testimonials represent the personal opinion of the identified person or entity, and not the opinion of ROAM who makes no representations or warranties, with respect to accuracy or otherwise, regarding the same.

3. Whilst ROAM has no obligation to update the Website on a regular basis, from time to time and at ROAM ’s discretion, alterations may be made, without prior notice to you, to the content, features or functionality
of the Website.

4.ROAM gives no guarantee of, and disclaims all liability in relation to, uninterrupted, error-free or continuous access to, or use of, the Website, and shall be in no way liable to you for any loss or damage incurred due to errors or interruptions in your access to, or use of, the Website or any part thereof.

5.You agree not to, directly or indirectly, take any action that would interfere with the proper operation of the Website, or with any person’s ability to access or use the Website.

6. If you submit any comments to us, via the Contact Us function of the Website or otherwise, you agree that we may, at any time, without compensation, edit, publish, translate, remove and otherwise use in any medium the said comments, that we have no duty of confidentiality towards you with regards to the same, and that we have no liability with respect to the content, use or such comments nor any obligation to respond to the same.

 

5. Website Links and Third Party Information

1.The Website may contain links or references to external websites, including social media sites such as Facebook, Instagram and LinkedIn or payment sites such as ShopPay or GooglePay, and equally external
websites may contain links or references to the Website or ROAM (“External Websites”). ROAM has no control over such External Websites, including, but not limited to, how such External Websites collect or use your personal information.

2.The Website may also contain content generated by third parties, which has been provided to, or sourced by, ROAM, including, but not limited to, press releases and testimonials (“Third Party Content”).

3. ROAM does not guarantee, and shall not be responsible for, the accuracy of External Websites or Third Party Content, and does not endorse the content of the same. To the extent permitted by law ROAM disclaims all responsibility or liability, howsoever arising, in respect of the content or operation of any such External Websites or Third Party Content, and you agree to hold ROAM , including its shareholders, officers, directors, employees and agents, harmless from and against any and all claims, demands, judgments, liabilities, expenses (including legal costs), and damages arising out of, or related to, the content of and/or your use of such External Websites and Third Party Content.

6. Privacy/Cookies

1.ROAM values your privacy and has therefore prepared a Privacy Policy section within the Website where you can view our Privacy Policy which described how ROAM collect and process your personal information, which includes details of Cookies used by the Website.

2. You agree and acknowledge that ROAM cannot guarantee that no unauthorised use or interception of, or access to, any communication you send to ROAM, whether accidental or intentional, will occur. To the extent permitted by law ROAM disclaims any and all liability for any direct or indirect loss, damage or other consequences you or any third person may suffer as a result of such unauthorised use, interception or access.

7. Intellectual Property

1. The content of the Website, including but not limited to all text, product renderings, graphics, logos, videos, and images displayed therein, the structure, layout, and aesthetic thereof, and the software related
thereto, including all amendments, additions and updates thereto, are owned or licensed by ROAM or are used with the applicable owner’s permission, and are protected by national and international copyright, trademark and other intellectual property laws and conventions. Without limiting the generality of the foregoing.

a. these Terms of Use are the copyrighted intellectual property of ROAM and are protected as such; and

b. all brands, logos and marks displayed on the Website featuring the words “ROAM” are the intellectual property of ROAM, or its affiliated entities, and are protected as such.

2. No license to use the intellectual property owned or licensed by ROAM or any third party is granted by the Website. Consequently, you are not permitted, for any purpose, to copy, reproduce, upload, display, reverse engineer, or in any way exploit the content, in whole or in part, of the Website, or any intellectual property owned or licensed by ROAM or any third party, without first obtaining the written consent of ROAM.

3. If you use the content of the Website, or any part thereof, in breach of these Terms of Use, you shall immediately either deliver all infringing material to ROAM or destroy the same and provide proof of such destruction to ROAM. This provision in no way limits the remedies which ROAM may seek as a result of any breach of its intellectual property rights or of these Terms of Use.

4. The content of the Website may also contain material owed or licensed by third parties, the unauthorised use of which, in addition to being a breach of these Terms of Use, would place you in breach of such third parties’ intellectual property rights.

8. Limitation of Liability

1. All disclaimers and limitations of liability made within these Terms of Use are made to the fullest extent permitted by law.

2. ROAM expressly disclaims and excludes all responsibility, liability, representation or warranty which may otherwise apply, directly or indirectly, express or implied, with respect to the content, use or access to the Website and External Websites, or any order placed or products purchased via the Website.

3. ROAM shall not be liable to you, or any other party, for any direct or indirect damages incurred, of whatever nature and howsoever arising, including, but not limited to, direct or indirect losses, damage to goodwill or reputation, or loss of profit, as a result of access to, or use of, or inability to use, the Website or any External Website, or any order placed or products purchased via the Website.

4. Without limiting the generality of paragraph 8.3, all downloads from the Website or any External Website are made at your own risk. ROAM cannot, and does not, guarantee or warrant that any files or data which you chose to download from the Website will be free from virus or other malware, and disclaims all liability for any loss or damage caused as a result of such downloads.

9. Indemnity

You agree to indemnify ROAM, its shareholders, officers, directors, affiliates and employees, in full against any and all claims, demands, damages, judgments, expenses, liabilities, and costs (including legal fees), howsoever or wheresoever arising, which, directly or indirectly, arise out of, result from, or are in relation to your use of the Website or your breach of these Terms of Use.

10. Governing Law and Dispute Resolution

These Terms of Use, and any disputes or claims arising out of or in connection with its subject matter, are governed and construed in accordance with the laws of Hong Kong S.A.R., and parties hereto submit to the exclusive jurisdiction of Hong Kong S.A.R.

11. Miscellaneous

1. These Terms of Use have been prepared in English. If these Terms of Use are translated into any other language the English language version shall prevail.

2. These Terms of Use are not intended to, and shall not, confer on any third party, except affiliated companies of ROAM, any benefit or any right to enforce any term of these Terms of Use under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of Hong Kong S.A.R.

3. If any provision, or part thereof, within these Terms of Use are found or deemed to be illegal, invalid or unenforceable, they shall be treated as having been deleted from these Terms of Use, and such illegality, invalidity or unenforceability shall in no way affect any remaining provision, or part thereof.

4. If you breach these Terms of Use your right to access, place an order though, or receive products from, the Website shall immediately cease. This provision is without prejudice to ROAM’s right to seek redress for any breach of these Terms of Use.

5. You agree that you will not directly or indirectly permit, request, solicit, or facilitate, any third party to take any action which if taken by you would be a breach of these Terms of Use.

6. Your rights and obligations under these Terms of Use may not be assigned, transferred or otherwise disposed of without ROAM’s prior written consent.

7. ROAM shall not be liable for any failure or delay as the result of circumstances beyond its control, including, but not limited to acts of God, government intervention, war, industrial disputes, embargoes, travel restrictions, epidemics or pandemics.

8. These Terms of Use, including the policies referred to herein, constitute the entire agreement between you and ROAM with respect to the Website, and supersede all other prior written and oral agreements, representations, or understandings between the parties with respect to the Website.

9. No delay by you or ROAM to exercise any right in relation to these Terms of Use shall operate as a waiver of such right, or in any way diminish such right or the remedies which the applicable party shall be entitled to with respect to such right.

10. On occasion the information on our Website may contain typographical errors, inaccuracies or omissions with respect to, for example only, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to, but are not obligated to, correct, amend or update such information without prior notice, including after your order has been submitted. We reserve the right to cancel any order affected by such correction, amendments or updated.

Updated by ROAM in Feb 2023

Copyright © All Rights Reserved.

×