TERMS & CONDITIONS

Terms of Use

Welcome to Pure Encapsulations. Your access and use of https://pureencapsulations.hk is managed by Jireh International Health Ltd. (“Jireh”, “we”, “our” or “us”), the official distributor of Pure Encapsulations products in Hong Kong. Jireh’s services and/or the services of its affiliates provide features and may provide products and services to you when you visit https://pureencapsulations.hk and related websites, when you communicate with us, upload comments to our blog(s) or websites or use information provided by us in connection with any of the foregoing (together referred to as, “Services”).

PLEASE READ THE FOLLOWING CAREFULLY. This Terms of Use is a legally binding agreement between us and you as a user of our Services (the “Agreement”). BY ACCESSING OR USING THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE AGREEMENT. IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, DO NOT USE OUR SERVICES.

BY USING OUR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING AGREEMENT WITH US AND IS FULLY COMPETENT AND ABLE TO MEET ALL THE TERMS, CONDITIONS, REPRESENTATIONS, WARRANTY IN THIS AGREEMENT.

NOTE THAT DISPUTES ABOUT THIS AGREEMENT OR RELATING TO THE SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY.

We provide our Services subject to the following conditions:

 

Description of Services

The specific features and functionality of our Services are dynamic and may change from time to time.  We reserve complete and sole discretion with respect to the operation of our Services.  We reserve the right to change terms and warranties without notice.  We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of our Services at any time.

Privacy

Please review our Privacy Policy, which also governs your use of our Services, to understand our practices when receiving or sending us personal data about yourself or a third party.

Electronic Communications

When you use any of our Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through our other Services. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Proprietary Rights

All content included in or made available through any Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is our property or our content suppliers and protected by international copyright laws. The compilation of any and all content included in or made available through any Service is the exclusive property of us or our licensors and protected by international copyright laws.  You may view, download, print, and copy the content on the Services for your own personal, informational use, provided that (i) you do not modify the content and (ii) you retain all copyright and propriety notices originally contained in the content on any copies.  Nothing herein shall be construed as granting any license or right to use the Services or any materials contained on the Services, including any content, except as expressly provided herein.  You acknowledge that we will aggressively enforce our intellectual property rights with respect to the content to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

User Feedback

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to us with respect to the Services shall remain as our sole and exclusive property.  We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without credit or compensation to you.

Trademarks

The trademarks of Pure Encapsulations are owned by its respective owners.  The trademarks of Jireh are applied for or registered by us or our respective affiliates. Additionally, any graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Service are our trademarks or trade dress in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Prohibited Use 

In connection with the use of our Services, you may not:

  • alter or modify our Services, or make any electronic reproduction, adaptation, distribution, performance, or display of our Services, or any portion thereof, except to the extent required for the limited purpose of reviewing material on our Services;
  • sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to our Services, or related materials;
  • remove or modify any proprietary notice or labels on our Services, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website or application;
  • use our Services for any non-authorized commercial purpose or any illegal purpose;
  • copy, modify, erase, or damage any information contained on computer servers used or controlled by us or any third party;
  • use our Services to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable;
  • access or use any password-protected, secure, or non-public areas of our Services, or access data on our Services not intended for you, except as specifically authorized in writing by us;
  • impersonate or misrepresent your affiliation with any person or entity;
  • use any automated means to access or use our Services, including scripts, bots, scrapers, data miners, or similar software, or display our Services, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission;
  • attempt to or actually disrupt, impair, interfere with, alter, or modify our Services, or any information, data, or materials posted and/or displayed by us;
  • attempt to probe, scan, or test the vulnerability of our Services or breach any implemented security or authentication measures, regardless of your motives or intent; or
  • attempt to interfere with or disrupt access to or use of our Services by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code; or
  • post any content to the Services that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to our mission.

 

Reviews, Comments, Communications, and Other Content

Visitors may, in some jurisdictions, be able to post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assumes no liability for any content posted by you or any third party.

Testimonials or Endorsements

All examples of what has been achieved by others should not be taken as typical or in any way a guarantee or projection of what any individual can expect from our product. All testimonials are provided for informational purposes only.

Your individual results may vary. No employee or agent of ours is in any way authorised to represent that a certain outcome from any future use of our product will occur.

Third Party Properties Referred to on the Services.

Our Services may refer to physical venues, geographical sites, websites on the Internet, and/or products or services that are not under the control of or maintained by us (“Third Party Properties”).  This includes links contained in advertisements, including banner advertisements and sponsored links. Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by us of any such Third-Party Properties.  You acknowledge that we are providing any references to such Third-Party Properties to you solely as a convenience to you, and you agree that we are not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third-Party Properties.  We do not endorse or make any representations about any Third-Party Properties.  If you access, visit, or use any Third-Party Properties referred to on our Services, you do so at your own risk. 

Our Services may contain materials submitted by third parties.  Any such materials are provided solely as a convenience to you.  Unless expressly stated to the contrary, we have not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof.  If you use any of the third-party materials, you do so at your own risk.  In no event shall we be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.


LINKING TO OUR WEBSITE

YOU MAY LINK TO OUR WEBSITE, PROVIDED YOU DO SO IN A FAIR AND LEGAL MANNER AND DO NOT DAMAGE OUR REPUTATION OR TAKE ADVANTAGE OF IT.  YOU MUST NOT LINK TO OUR WEBSITE IN ANY WAY THAT MAY SUGGEST ANY FORM OF ASSOCIATION, APPROVAL OR ENDORSEMENT ON OUR PART WITHOUT OUR EXPRESS WRITTEN CONSENT.

OUR WEBSITE MAY PROVIDE CERTAIN SOCIAL MEDIA FEATURES THAT ENABLE YOU TO: (A) LINK FROM YOUR OWN OR CERTAIN THIRD-PARTY WEBSITES TO CERTAIN CONTENT ON THIS WEBSITE; (B) SEND E-MAILS OR OTHER COMMUNICATIONS WITH CERTAIN CONTENT, OR LINKS TO CERTAIN CONTENT, ON THIS WEBSITE; OR (C) CAUSE LIMITED PORTIONS OF CONTENT ON THIS WEBSITE TO BE DISPLAYED OR APPEAR TO BE DISPLAYED ON YOUR OWN OR CERTAIN THIRD-PARTY WEBSITES.

 

We reserve the right to withdraw linking permission without notice. You agree to cooperate with us, upon request, in removing any linking immediately. We may disable all or any social media features and any links at any time without notice in our discretion.

Availability of the Services

It is not possible to operate our Services with 100% guaranteed uptime.  We will make reasonable efforts to keep our Services operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Services.  In addition, we reserve the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of our Services, with or without notice.  You agree that we shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Services.

Disclaimer of Warranties and Limitation of Liability

OUR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, IF ANY IS MADE AVAILABLE OR PROVIDED FOR USE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH OUR SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY.  WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE 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 OUR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE.

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OF OUR SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING, WHETHER ARISING IN CONTRACT, EQUITY, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH (A) THE SERVICES; OR (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES, OR ANY PORTION THEREOF, EVEN IF WE OR ANY OF OUR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

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 MIGHT HAVE ADDITIONAL RIGHTS.

Not Healthcare Advice

Unless expressly noted otherwise, all content provided through our Services is provided for general informational purposes only and no assumptions should be made regarding its accuracy.  It is not offered as medical advice or as any claim as to effectiveness of any particular treatment.  Any recommendations made should not be used to, nor are intended to, diagnose, treat cure or mitigate any specific health problem. Anybody with any health complaints should seek the care and consultation of an appropriately licensed health care practitioner. No attempt should be made to use any information provided through the Services as a form of treatment for any specific condition without approval and guidance of a physician. Use of products have varied outcomes. Results from the use of the product will vary according to the individual.  We are not responsible for the use of, or the result of the use of, this information.

Indemnity

YOU UNDERSTAND AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR IN CONNECTION WITH THE SERVICE AND USE OF THE SERVICES.  YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US, OUR PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO YOUR USER CONTENT, ANY VIOLATION OF THIS AGREEMENT, AND ANY ACTIVITY RELATED TO YOUR USE OF THE SERVICES.

Copyright Infringement

We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners.  We may remove material from the Services that appears in our sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer.  If you believe a work protected by a copyright you own has been posted on this Services without authorization, you may notify us, and provide the following information:

  • a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
  • identification of the copyrighted work or works claimed to have been infringed;
  • a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears;
  • your name, mailing address, telephone number, and e-mail address;
  • a statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and
  • a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

To notify us of claimed copyright infringement, please contact:

Legal Department

Jireh International Health Ltd.

14A Gee Chang Hong Centre, 65 Wong Chuk Hang Rd., Aberdeen, Hong Kong 

Disputes

Any dispute or claim relating in any way to your use of any Service, or to any products or services sold, procured or distributed by us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial (if applicable). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

No action arising out of this Agreement or your access to or use of our Services, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.

Applicable Law

These Terms of Use shall be governed by Hong Kong law. You agree that any action arising under these Terms of Use & Disclaimer shall be subject to the non-exclusive jurisdiction of Hong Kong courts.

These relevant laws of Hong Kong will apply without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.

Site Policies, Modification, and Severability

Please review any other relevant policies posted on this site. These policies also govern your use of our Services. We reserve the right to make changes to our site, policies, Service Terms, and this Agreement at any time. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you should stop accessing, and/or using the Services.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

International Use

We are a global company and our Services may be provided from various locations around the world.  Accordingly, your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  Your consent to the Agreement followed by your submission of such information represents your agreement to the transfer of such information to us and the collection, use, and disclosure of your information in accordance with applicable laws and our Privacy Policy.  We make no representation that the Services or any aspect thereof will be available or appropriate for use in all jurisdictions.  Those who choose to access the Services from locations outside their jurisdiction do so at their own risk and are responsible for compliance with local laws and regulations.

Miscellaneous

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you, a user, and us with respect to the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with regard to the Services.  No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.  You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by us.  Any purported assignment lacking such consent will be void at its inception.  We may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on the Services.  If you have any comments or questions about our Services, please contact us at:

 

Jireh International Health Ltd.

 14A Gee Chang Hong Centre, 65 Wong Chuk Hang Rd., Aberdeen, Hong Kong

Updated on 30 March 2021.