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A.     USER AGREEMENT GOVERNING USE OF WEBSITE  

http://www.guns.com.hk/ (the website) is an online service owned and operated by Armed Forces Company Ltd. T/A 三軍 of Shop 23-B G/F, Yan On Building, 1 Kwong Wa Street, Kowloon, Hong Kong (‘Armed Forces Company’).

Please read the following terms & conditions of use carefully before using this website. By visiting the website, you are deemed to have read and understood these terms & conditions of use, which shall form a legally binding agreement between you and Armed Forces Company.

1. USER AGREEMENT 

If you do not agree to the terms and conditions set out in these Terms & Conditions of Use, you must not use the Website.  

2. AMENDMENTS TO TERMS & CONDITIONS OF USE 

Armed Forces reserves the right to amend, vary and/or replace these Terms & Conditions of Use at any time, and from time to time, at Armed Forces’s sole discretion. Your continued use of the Website will be deemed to be your acceptance of any amendment, variation and/or replacement of these Terms & Conditions of Use. 

3. ACCOUNTS 

3.1 In order to have access to special offers, order tracking facilities and other useful functions of the website you must first create a registered account on the Website (‘Account’). Creating an Account will enable you to: (a) receive information and email communications from Armed Forces relating to special offers and promotions, events and activities and many other member only perks; (b) track order history and current order status; (c) change your personal preferences, including with respect to your preferred e-mail address, billing and shipping address(es), credit card details and passwords; (d) view, otherwise receive notice of and print orders and invoices for what you have purchased; and (e) change newsletter subscriptions, view past product and service reviews on the website, add to or edit your wishlist and download any special voucher offers supplied to you.

 3.2 When registering an Account, you agree to provide accurate and complete information about yourself and to keep this information up-to-date.

 3.3 Armed Forces reserves the right to refuse registration of an Account (or to close an existing Account) where:

(a) you have opened, or are attempting to open, an Account in a fraudulent or illegal manner;

(b) you have breached these Terms & Conditions of Use;

(c) Armed Forces considers refusal of registration of an Account or the closure of an existing Account to be necessary to comply with any requirements of the law; or

(d) you have an existing Account. 

3.4 You are solely responsible for the activity that occurs on your Account and for keeping your Account log-in and password secure.  

4. LEGAL CAPACITY 

By making an order to purchase a product, you warrant to Armed Forces that you are:

(a) eighteen (18) years of age or above; and

(b) entering into a legally binding contract with Armed Forces with respect to that purchase. 

5. UNAUTHORISED USE OF THE WEBSITE 

5.1 You agree to use this Website only for purposes that are permitted by:

(a) these Terms & Conditions of Use; and/or

(b) any applicable laws or regulations. 

5.2 You agree not to engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website. 

5.3 You agree not to use, reproduce, make available, communicate to the public, distribute or commercialise any content that is published on the Website or within any email correspondence that you receive from Armed Forces (‘Content’) except as permitted by these Terms & Conditions of Use, by law or with the prior written consent of Armed Forces. 

5.4 Any fraudulent, illegal or unauthorised use of the Website shall constitute a violation of these Terms & Conditions of Use. You understand and agree that Armed Forces may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities. 

6. LIMITATION OF LIABILITY 

6.1 Certain statutory warranties under consumer protection laws will be applied for your benefit. Nothing in these Terms & Conditions of Use is intended to exclude or restrict the application of such laws but Armed Forces does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this Website outside these laws. Subject to claims available under consumer protection laws, neither Armed Forces nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is liable:

(a) to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with your use of this Website;
(b) for disruptions to this Website; and
(c) to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or an external website. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

6.2 For claims that cannot be excluded or restricted under consumer protection laws , the liability of Armed Forces for such a claim will (at Armed Forces’s option and to the extent permitted by law) be limited to:

(a) in the case of goods: (i) repairing or replacing those goods; or (ii) paying the cost of having those goods repaired or replaced; and

(b) if the breach relates to services: (i) resupplying those or equivalent services; or (ii) paying the cost of having those services resupplied. 

7. INDEMNITY 

You will at all times indemnify, and keep indemnified, Armed Forces and its directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by Armed Forces arising from any claim, demand, suit, action or proceeding by any person against you or Armed Forces where such loss or liability arose out of, in connection with or in respect of your use of the Website, your conduct and/or your breach of these Terms & Conditions of Use. 

8. PRIVACY 

8.1 The Armed Forces Privacy Policy is incorporated into these Terms & Conditions of Use. 

8.2 In the event the Armed Forces business or company is sold to a third party, you grant Armed Forces the right to transfer the personal information and other data and rights that Armed Forces has collected from you to that third party, and Armed Forces will not be required to obtain your prior consent or approval or to notify you of such a transfer. 

9. WEBSITE INFORMATION 

9.1 Any information that is published on the Website about particular goods and services is based on material supplied to Armed Forces by Merchants, Scientific publications and other third parties. You agree that Armed Forces will not be held liable for the publication on the Website of any inaccuracies or errors in information relating to goods and services that it has received from Merchants and other third parties. 

9.2 You agree that you are responsible for:

(a) making your own reasonable enquiries to verify information that is published on the Website about particular goods and services; and

(b) assessing the suitability of goods (and services if stated) prior to you placing an order for a products relating to those goods (or services). 

10. LINKS TO THIRD PARTY WEBSITES 

Links to third-party websites are provided on the Website for convenience only. By clicking on a third-party link, you will leave the Website. Armed Forces does not endorse nor support the content of third-party links, and is not responsible for the content of a third-party website. Privacy and security policies on third-party websites may differ from those practiced by Armed Forces. You should review the privacy policies and other terms of use of those third party websites to learn more about, what, why and how they collect and use any personally identifiable information. 

11. GENERAL TERMS 

11.1 Nothing in these Terms & Conditions of Use creates a partnership, employment relationship or agency relationship between you and Armed Forces. 

11.3 Armed Forces will not be liable for any delay in fulfilling its material obligations under these Terms & Conditions of Use if such delay is due to an act of God, act of terrorism, revolution, civil strife, industrial action, fire, flood, war, public disaster, plague or epidemic, delay in transportation or other cause, event or circumstance outside Armed Forces’s control which is not due to any lack of reasonable prudence or foresight. 

11.4 Any provision of these Terms & Conditions of Use which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of these Terms & Conditions of Use read in full force and effect . 

11.5 Armed Forces’s failure to enforce any provision of these Terms & Conditions of Use will not be considered a waiver of its right to enforce such provision. 

11.6 These Terms & Conditions of Use are to be interpreted in accordance with the laws of Hong Kong, SAR. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Hong Kong, SAR. 

12. LIMITATION OF LIABILITY
12.1 Certain statutory warranties under consumer protection laws will be applied for your benefit. Nothing in these Terms & Conditions of Use is intended to exclude or restrict the application of such laws but Armed Forces does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to a product, promotional item, downloadable product, or special offer and/or the goods and services that are the subject of a special offer outside these laws. Subject to claims available under consumer protection laws, neither Armed Forces nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with a purchase, promotional item, downloadable product or special offer and/or the goods and services that are the subject of that special offer.

12.2 For claims relating to a purchase, a special offer and/or the goods and services that are the subject of a special offer that cannot be excluded or restricted under consumer protection laws , the liability of Armed Forces for such a claim will (at Armed Forces’s option and to the extent permitted by law) be limited to:

(a) in the case of goods: (i) repairing or replacing those goods; or (ii) paying the cost of having those goods repaired or replaced; and

(b) if the breach relates to services: (i) resupplying those or equivalent services; or (ii) paying the cost of having those services resupplied. 

13. INDEMNITY
You will at all times indemnify, and keep indemnified, Armed Forces and its directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by Armed Forces arising from any claim, demand, suit, action or proceeding by any person against you or Armed Forces where such loss or liability arose out of, in connection with or in respect of your conduct or breach of any purchase Specific Terms or other term or condition relating to a purchase or special offer (as specified in these Terms & Conditions of Use) or a Third Party or Merchant’s standard terms and conditions and policies. 

Privacy Department

Armed Forces Company