Terms of Use

By using our website, you agree to these Terms of Use and the Privacy Policy. Please read them carefully before using our site and / or services. If you do not agree, please do not use our website.

1. About the Website
The terms “we,” “us” and “our” refer to Jade Yung trading as ‘Creative Kynde’. The terms “Website” or “Site” refer to https://www.creativekynde.com/ as well as other social media platforms linked on the Website including Instagram and LinkedIn accounts operated by us. The terms “user,” “users,” “you,” and “your” refer to website visitors and customers, whether personal or business entities, and include, but are not limited to, your agents, representatives, contractors, affiliates, and employees.

Thank you for visiting our Website. These Terms of Use (“Terms”) apply to all users, customers, and other visitors of our Website. By using our Website and/or “Services” or purchasing any products which we have for sale (“Products”), you hereby agree to have read and acknowledged these Terms without modification.

We have endeavored to prepare the Website content in accordance with Hong Kong law. It does not warrant that the Website will satisfy the laws of any jurisdiction other than Hong Kong.

2. Acceptance of These Terms

You accept the Terms by remaining on our Website, including (but not limited to) subscribing to our newsletter, engaging our Services and / or purchasing a Product. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the user interface.

We may change or amend the Terms at any time. Any changes to the Terms will be posted on our Website and will be effective when published unless otherwise stated. If you use our Website or Services or purchase Products after the effective date of any changes, you therefore agree to comply with the changes and the updated Terms.

We take your privacy seriously and any information which you provide (knowingly or unknowingly) through your use of the Website are subject to our Privacy and Cookie Policy. We do not sell or license your Personal Data to third-parties for their own marketing or commercial purposes, unless you provide your express prior consent.

3. Capacity
To use or access our Website and / or Services or purchase Products, you must be 18 years or not considered a minor in your country of residence for the purposes of entering into a contract, whichever is older, and have the capacity to understand these Terms.

4. Lawful Use Only
All users shall use this Website and its Services or purchase Products from it for lawful purposes only. You agree to use our Website, any of its content, Products and / or Services for legitimate and non-commercial purposes only. You shall not upload or transmit any material through our Website which violates or infringes our rights or those of others, or material that is threatening, abusive, defamatory, profane, obscene, invasive, or which may reasonably incite or induce criminal or illegal activity or that would give rise to civil liability or otherwise breach any law.

5. Disclaimer

Use of the Website and the Services or any Products purchased from it, is at your own risk. Everything on the Website, including the Services and the Products sold, are provided to you "as is where is" and on an "as available" basis, without warranty or condition of any kind.

We have made every effort to accurately represent the Products and Services provided on our Website. All information on the Website, including (but not limited to) our Products and Services, is prepared so that it is current as at the date of writing or recording. It should be noted that such information can become out of date and you must make your own assessment of the information and rely on it wholly at your own risk. We do not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

Any testimonials and/or examples of results experienced are not intended to represent or guarantee that you will achieve the same or similar results. We have not represented or warranted that the Products and/or Services will create any profits, sales, exposure, brand recognition, results or the like. We have no obligation to you if the Products and Services do not lead to your desired results.

6. No Warranties

While we use reasonable efforts to include accurate and up-to-date information in the Site, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of the Site.

None of our affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about their content or any products or services (including our Products or Services) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of using the Website and the Services or any Products purchased from it.

7. Intellectual Property and Copyright

The Website, including any Products or Services available on it, are subject to copyright, trademarks and other forms of proprietary rights. All material on the Website is protected by copyright under the laws of Hong Kong SAR and subject to our rights under applicable international treaties. Unless otherwise indicated, all rights to “Intellectual Property” (including copyright, trademarks and other forms of proprietary rights) in the Site content, documents, materials, products and compilation of the Website (including text, images, graphics, logos, button icons, video images, audio or video clips, podcasts and/or software) and any Products or Services are owned or controlled for these purposes, and are reserved by us or our contributors.

We retain all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you any of our Intellectual Property, including but not limited to:

our business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
the right to use or exploit our business name, trading name, domain name, trade mark or industrial design; or
our system or process that is the subject of a patent, registered design or copyright (including an adaptation or modification of such a system or process).

You may not, without our prior written permission and the permission of any other third party rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or any third party content for any purpose. This prohibition excludes materials on the Website which are available for re-use or are in the public domain.

This Website may use free stock photography as part of its design. All stock images used come with an irrevocable, non-exclusive copyright license to download, copy, distribute, use and / or modify the photos for free, including for commercial purposes. Use of said stock photography is permissible under applicable laws without permission from the photographer or attributing the work to the photographer.

If you believe that your intellectual property rights are being violated or that any work which is your property has been reproduced on the Site or in any content in any way, you may notify us at jade@creativekynde.com. Please provide your name and contact information, the nature of your work and how you believe it is being violated, all relevant copyright and / or trademark registration information, the location i.e. URL of the violation, and any other information you reasonably believe is relevant.

8. Limitation of Liability

The total liability that we may owe to you from any cause whatsoever, will be limited to the lesser of your actual damages or the price paid to us for any Products purchased or Services contracted through the Website.

In no event will we be liable for special, indirect, consequential, or incidental damages, including but not limited to loss of profits, revenues, data, or damage to or loss from the use of the Products, damage to property, claims of third parties, including personal injury or death, suffered as a result of provision of the Products or Services whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise, notwithstanding that we may have been advised of the possibility of such damages or losses.

All claims against us must be brought within one year after the cause of action arises, and we waive any statute of limitations which might apply by operation of law or otherwise, to the extent permissible.

9. Indemnification

You agree to indemnify and hold us and each of our officers, representatives, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including legal fees, arising out of or relating to (i) your breach of these Terms, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any Products or Services that we may provide through the Site, and (v) your conduct in connection with the Site or the Products or Services or with other users of the Site or the Products or Services. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this clause. In such an event, you shall provide us with such cooperation as we may reasonably request.

10. Governing Law and Jurisdiction

The provisions of these Terms are for our benefit, and those of our subsidiaries, affiliates and third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. Except as expressly stated in these Terms, none of the Terms shall be enforceable by virtue of the Contracts (Rights of Third Parties) Ordinance (Cap. 623) or otherwise, by any person or entity who is not a party to it.

The Terms shall be governed by and construed in accordance with the laws of Hong Kong SAR, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the courts in Hong Kong SAR.

These Terms may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms to which you are bound. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

Last Updated: 7 March 2023