1. Acceptance of Terms
Welcome to Plaza Privé (“we,” “us,” “our,” or “Plaza Privé”). These Terms of Use & Service (“Terms”) govern your access to and use of the Plaza Privé website, mobile application, and related services (collectively, the “Services”). By accessing, browsing, or using our Services, including but not limited to placing an order, creating an account, or simply viewing our site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to all of these Terms, you must not access or use our Services. These Terms apply to all visitors, users, and others who access the Services.
2. Definitions
3. User Accounts
a. Eligibility:
To use certain features of our Services, you must create an account. You must be at least the age of majority in your state or province of residence (or 18 years old if no such age exists) to create an account. By creating an account, you represent and warrant that you meet these eligibility requirements.
b. Account Information:
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate. You are solely responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.
c. Account Termination:
We reserve the right to refuse service, suspend, or terminate your account at our sole discretion, without prior notice, for any reason, including if we believe you have violated these Terms.
4. Purchases and Terms of Sale
a. Order Acceptance:
All orders placed through our Services are offers to purchase products. We reserve the right to accept or decline your order for any reason, including limitations on product availability, errors in product or pricing information, or suspected fraud.
b. Pricing and Payment:
We strive to provide accurate pricing information. However, errors may occur. We reserve the right to correct any pricing errors and cancel any orders placed at the incorrect price. You agree to provide current, complete, and accurate purchase and account information for all purchases. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed.
c. Shipping and Delivery:
Please review our Shipping Policy for detailed information. We are not responsible for delivery delays due to unforeseen circumstances or factors beyond our control (e.g., weather, carrier delays, customs).
d. Returns and Exchanges:
All sales are subject to our Return & Exchange Policy. Please review this policy carefully before making a purchase, as it outlines the conditions and timeframes for returns and exchanges.
5. User Conduct and Restrictions
You agree not to engage in any of the following prohibited activities:
6. Intellectual Property Rights
a. Our Content:
The Services, including all Plaza Privé Content, are the property of Plaza Privé or our licensors and are protected by copyright, trademark, and other laws. The “Plaza Privé” name and logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Plaza Privé or its affiliates or licensors. You must not use such marks without our prior written permission.
b. Your Content:
By submitting, posting, or displaying User Content on or through our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that User Content in connection with the Services.
You represent and warrant that you own or have the necessary rights to the User Content you submit and that it does not violate the rights of any third party.
c. Copyright Complaints (DMCA):
We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, please contact our designated agent at [insert copyright agent email address] with the information required by the Digital Millennium Copyright Act.
7. Third-Party Links and Content
Our Services may contain links to third-party websites or services that are not owned or controlled by Plaza Privé. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that Plaza Privé shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods, or services available on or through any such third-party websites or services.
8. Disclaimer of Warranties; Limitation of Liability
a. No Warranty:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
b. Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PLAZA PRIVÉ, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY PRODUCTS OR SERVICES OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100.00 USD).
9. Indemnification
You agree to defend, indemnify, and hold harmless Plaza Privé and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party.
10. Dispute Resolution and Governing Law
a. Governing Law:
These Terms shall be governed by and construed in accordance with the laws of [State/Country of Company’s Legal Headquarters, e.g., Hong Kong SAR], without regard to its conflict of law provisions.
b. Informal Resolution:
We strongly encourage you to contact us first at [customer service email] to seek a resolution for any dispute you may have with us.
c. Binding Arbitration:
If informal resolution fails, any dispute arising from these Terms or your use of the Services shall be finally settled by binding arbitration administered by [e.g., the Hong Kong International Arbitration Centre (HKIAC)] in accordance with its rules. The arbitration shall take place in [City, e.g., Hong Kong] and shall be conducted in the English language. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
d. Class Action Waiver:
YOU AND PLAZA PRIVÉ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
12. Termination
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services and closing your account. We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
13. Contact Information
Questions about these Terms of Service should be sent to us at: