Effective Date: 1st December 2023
TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) apply to anyone who visits www.levi.com.hk (“Website”) or who shops or otherwise interacts with us in any of Levi’s ® stores or elsewhere (collectively as “Levi’s ® Channels”). We also have a Privacy Policy and may have other terms, legal notices and conditions applicable to various activities on the Website, including terms and conditions that may apply to the purchase of goods or services and to specific portions or features of the Website (e.g., contests, promotions or other similar features), all of the foregoing of which are incorporated herein by reference, and shall, together with the Terms, be a contractual agreement between Levi Strauss (Hong Kong) Limited and its affiliates ( collectively as “LS&Co.” or “we/us/our/ours”) and you.
1. ACCEPTANCE OF TERMS AND OTHERS
You must accept the Terms, in full, before using the Website, when you:
- by registering as member of Levi’s ® Channels and clicking “I have read, understood and agreed Terms and Conditions and Privacy Policy”; or
- by using or shopping in Levi’s ® Channels via your registered account; or
- by shopping in Levi’s ® Channels via unregistered account and clicking “I have read, understood and agreed Terms and Conditions and Privacy Policy” when you place orders;
these will be deemed as that you agree and accept the Terms. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE WEBSITE.
Please carefully read and understand these Terms, especially for the ones involving exception or limitation of liabilities. We will mark them in bold to remind you.
Except as otherwise provided, the Terms are subject to change at any time without notice. Your continued use of the Website after any changes have been implemented constitutes acceptance by you of such change(s).
2. PRIVACY POLICY
Click here to view Privacy Policy (the “Privacy Policy)”. We will not use Personal Information (as defined in the Privacy Policy) or cookies in a way that is inconsistent with the purposes and limitations provided in the Privacy Policy. By accepting these Terms, you hereby consent to (i) our collection and use of your Personal Information in accordance with the Privacy Policy and these Terms; and (ii) our placement and use of cookies as described in the Privacy Policy. The Privacy Policy may be updated from time to time at our discretion and changes will be effective upon posting to the Website.
The Website is the property of us and we may therefore capture interactions with the Website, in accordance with our Privacy Policy, including your use of the Website. To do so, we use technology that maintains a record of your browsing session, including without limitation. We use this information for quality control, customer service, fraud prevention and security, and marketing purposes. By using the Website and agreeing to these Terms you consent to our capturing your interactions with it. If you disagree with this, do not use the Website. Such technology may also include your interaction with video players and other widgets and technology on our Site. By agreeing to these Terms, you agree to the collection and transfer of such browsing session information for the above-stated purposes.
Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Nonetheless, we employ reasonable measures to protect your information from unauthorized use or disclosure.
3. OWNERSHIP OF WEBSITE, CONTENT AND TRADEMARKS
The Website is owned and controlled by us, and unless otherwise agreed in writing, all materials on our Website, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property rights in such materials (collectively as the “Content”), are owned, controlled and/or licensed by us.
The Website and Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Website Content or the Website for any public or commercial purpose.
Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of LS&Co. and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on any Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such Website. We reserve all rights to take action, including any form of legal action, against any party for violating any of the foregoing or any other part of these Terms.
5. USER COMMUNICATIONS AND USER CONTENT
While we appreciate your suggestions and comments on how to improve our Website, products and services, it is our policy to not accept any creative ideas, suggestions, proposals, plans or materials other than those specifically requested by us (e.g., through a contest or promotional event). Our intent is to avoid any misunderstanding in the event that a creative endeavor we commence bears some resemblance to a creative suggestion made by a customer or visitor to our Website. Thus, apart from Personal Information collected on or from our Website, which is subject to our Privacy Policy (see Section 2 above), any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to the Website (collectively as "User Communication") is and will be considered non-confidential and non- proprietary.
You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non- commercial purposes. To the most extent permitted by law, you agree that LS&Co. shall be under no obligation (1) to maintain any User Communication in confidence; (2) to pay compensation for any User Communication; or (3) to monitor, use, return, review or respond to any User Communication. To the most extent permitted by law, we will have no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any User Communication that includes any material we deem inappropriate or unacceptable.
You may submit, upload, or post content you have created, including without limitation, photographs, your social media handle, videos, comments, ratings and reviews (collectively as “User Content”) through the Website, social media or otherwise. By submitting, uploading, or posting User Content, you grant LS&Co. and its third-party service providers who provide content management services (collectively as “Licensed Parties”), the perpetual, irrevocable, royalty- free, fully-paid, non-exclusive, transferable right to use your User Content in any manner determined by us in our sole discretion, including but not limited to on our webpages, social media pages, and in other marketing, promotional and advertising initiatives, anywhere in the world in any media now or hereafter known. You understand that your User Content may be processed by Licensed Parties located in Hong Kong SAR and elsewhere where the laws may be less protective of your personal information than your local laws. By submitting, uploading, or posting User Content, you understand and agree further that we may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner, and you agree that you have no expectation that we will review, use, acknowledge, or compensate you for the same.
You represent and warrant that any of the User Content you submit or otherwise provide to us is original to you, that you own all applicable legal rights in the User Content, that the User Content does not and will not infringe upon the rights of any other person or entity. You warrant, certify and represent that any individuals depicted in any User Content have reached the age of majority in their respective jurisdiction of residence; and you grant LS&Co. the right to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalf. If any of the individuals depicted in any User Content are minors in their respective states of residence, you certify, warrant and represent that you are the parent or legal guardian of each such individual and you grant the use of the media containing his/her depiction in accordance with the Terms.
In addition to the User Content Rules set forth in Section 6 below, you are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.
6. USER CONTENT RULES
If you become aware of any violation of the User Content Rules or other unacceptable behavior by any user, you should report such activity to LS&Co. by emailing mbxcseshop@levi.com.
If you post information on our Website, you are solely responsible for any User Content that you post on the Website or transmit to other users and agree that you will not hold LS&Co. responsible or liable for any User Communication or User Content from another user that you access on the Website. Moreover, LS&Co. reserves the right to delete any User Content from the Website.
Categories of prohibited User Content are set forth below and reflect examples but are not intended to be exhaustive of what constitutes prohibited User Content. Without limitation, you agree that you will not post or transmit to other users anything that you know or reasonably believe:
- is defamatory, abusive, obscene, profane or offensive; or
- is known by you to be false, inaccurate or misleading; or
- infringes or violates another party’s intellectual property rights (such as music, videos, photos, artwork, logos or other materials for which you do not have written authority from the owner of such materials), including any party’s right of publicity or right of privacy; or
- violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); or
- is threatening, harassing or that promotes racism, bigotry or hatred of any kind against any group or individual; or
- promotes or encourages violence against a person or damage or destruction of property; or
- is inaccurate, false or misleading in any way; or
- is illegal or promotes any illegal activities; or
- promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures; or
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You understand that when using the Website, you will be exposed to User Content from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content.
7. COPYRIGHT AND TRADEMARK RULES
We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third-party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.
INFRINGEMENT NOTIFICATION
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- identification of the material that is claimed to be infringing and a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and, if possible, email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The foregoing information should be sent to our "Designated Agent" as follows:
Levi Strauss (Hong Kong) Limited
General Manager
22/F, Standard Chartered Tower, Millennium City 1,
388 Kwun Tong Road, Kwun Tong, Kowloon, Hong Kong SAR
COUNTER-NOTICE If your work has been removed pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a Counter-Notice is received by our Designated Agent, we may send a copy of the Counter-Notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in ten (10) to fourteen (14) business days. Unless the alleged copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the Counter-Notice, at our sole discretion. Note that our policy to address allegedly infringing content on the Website may vary by jurisdiction.
8. ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Website may require you to open an account (including setting up an Account ID and password) and to share your Personal Information. Apart from the representations made in our Privacy Policy (see Section 2, above) regarding our protection of your information. You are solely and entirely responsible for maintaining the confidentiality of your account information, including your Account ID and password, and for any and all activity that occurs on or under your account.
You agree to notify LS&Co. immediately of any actual or potential unauthorized use of your account or password, or any other actual or potential breach of security. You may be held liable for losses incurred by LS&Co. or any other user of or visitor to any of our Website due to someone else using your Account ID, password or account.
You may not use anyone else’s Account ID, password or account at any time without the express permission and consent of the holder of that Account ID, password or account. LS&Co. cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
9. PRODUCTS AND SALES
• PRODUCT DESCRIPTIONS
In describing and portraying our products on our Website, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other Content is accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice. If a product offered on the Website is not as described, you can apply for return and refund. Please see our Return Policy for details at our Website or contact our CRM team by calling 2412-8000 or emailing mbxcseshop@levi.com.
• COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate, complete, reliable or error-free.
• TRANSACTION
a) Price and availability are indicated on the Website. Each price shown includes tax (in accordance with standard tax rate of Hong Kong SAR). Delivery fees will be billed and calculated separately based on the delivery method you choose. This may be changed at any time without notice.
b) Prices, statements and advertisement hereof shall not be deemed as an offer. There is no contractual relationship between you and us before we accept your orders. We have the right to unilaterally withdraw the information or terminate the transaction if it’s discovered that displayed products and/or orders are obviously wrong or out of stock.
c) We reserve the right without prior notice to limit order quantities for any product or service (e.g. to avoid accepting false orders) and/or to refuse service to any customer (e.g. payment details verification fails). We reserve the right to limit the quantity of products ordered by each user. These restrictions may apply to orders from the same account or to the same shipping address.
d) If any unforeseen circumstances occur after we confirming your order, such as price changes due to supplier increase price, tax changes or website errors, we will notify you by email or telephone, you can decide whether to cancel the order.
e) When you purchase on the Website, by placing order you agree that you will be responsible for authenticity of information you provide in the order. By executing purchase and placing order, you agree that all the conditions of sale contained in products description (as long as such conditions do not violate the Terms and laws). You are obligated to complete purchase transactions with us (except transactions prohibited by law or these Terms). If the order cannot be confirmed or delivered due to incorrect or incomplete information you provide; or you refuse to complete the purchase transaction with us without justifiable reasons, such as unreasonable refusal; we reserve the right to refuse to place and/or your current and subsequent orders.
f) Quality. If there is a national standard or industry standard, it shall be implemented in accordance with that correspondingly; if there is no forementioned standards, manufacturer’s enterprise standard shall be implemented; if there is no manufacturer’s standard, it can be determined by users and us. In the event products doesn’t meet the standards, you can request for exchange or return.
g) We will deliver ordered products to your designated address after you placed orders on the Website, as long as your shipping address is within Hong Kong SAR and your orders are in compliance with delivery limitations hereof. We may double check your shipping information before we accept and/or deliver any orders. If we cannot contact with you based on the latest information you provide, you don’t provide information based on our requirements or information you provided is obviously incorrect, you shall be responsible for all losses and liabilities led to you and any other third partis. If delivery is delayed or unable to deliver due to no one to sign for it, changes in circumstances or force majeure, we do not assume the corresponding responsibility. If the consignee you fill in is not you, any consequences arising from any actions and expressions of intention of the consignee shall be borne to you.
h) If your purchasing behavior hereof disrupts the normal operation of the Website for illegal purposes such as malicious purchases, false purchases, improper rights protection and etc. based on reasonable judgement, we shall be entitled to unilaterally cancel transaction orders and other actions after discovering above to maintain the normal operation of the Website.
10. LINKS TO OUR WEBSITE; THIRD PARTY LINKS ON OUR WEBSITE
Creating or maintaining any link from another website to any page on our Website without our prior written permission is prohibited. Running or displaying the Website or any Content in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Website must comply with all applicable laws, rules and regulations. From time to time, the Website may contain links to other websites that are not owned, operated or controlled by LS&Co. All such links are provided solely as a convenience to you. If you use these links, you will leave our Website and we cannot be responsible for any content, materials, information or events that are present on or that occur on websites that are not owned, operated or controlled by LS&Co.
11. CHANGE IN WEBSITE AND WEBSITE CONTENT
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Website or any service, content, feature or product offered through the Website, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer or cancel opportunities to some or all users of the Website. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to our Website.
12. THIRD PARTY PARTNERS
We cooperate with third-party partners who support us on the Website’s operation and other important services directing to our customers and visitors, we regard them as trusted business partner. In compliance with the Privacy Policy, we may share your personal information to our trusted partners for legal, appropriate, necessary, special and clear purpose within limited scope, so that the trusted partners can provide some certain services to you or on behalf of us to perform services. We will have your consent or encrypt your personal information when sharing. The trusted partners will not be entitled to use your shared personal information for any other purpose. The trusted partners may change from time to time, nonetheless, we are committed to partnering with third parties who are committed to providing you with a safe and satisfying experience on the Website. You can browse the Privacy Policy to see more details about information sharing practice. Any reference to “we” may also refer to our trusted business partners or any member of LS&Co. group companies.
13. DISCLAIMERS; LIMITATIONS ON LIABILITY; INDEMNITY
We will use reasonable efforts to ensure the information provided hereunder is accurate, comprehensive and up-to-date. Despite this, errors may occur. If any information provided contains errors or is not available, we will endeavor to correct it as quickly as possible. If you notice errors hereunder, we’re appreciated for your reaching out, any time is available.
We strive to use all reasonable means to protect the Website and to limit any inconvenience caused by technical failures as much as possible. However, we cannot exclude the possibility of inappropriate technical measures or unauthorized interruptions. In addition, this Website may require maintenance from time to time. For such reason, we cannot guarantee that your access to the Website will not be interrupted or hindered in some way from time to time. You acknowledge that, to the fullest extent permitted by applicable law, we make no warranties regarding the security, reliability, timeliness, accuracy and performance of the Website.
We will take reasonable measures to protect the Website from viruses and other “malware”, but we make no warranty against any viruses or other harmful components associated with the Website. Having regard to the nature of such dangers, you acknowledge in any event that we cannot provide absolute protection and that you will take necessary measures to protect your computer systems.
Nothing in these Terms limits, excludes or modifies, or purports to limit, exclude or modify any statutory consumer guarantee or any implied condition or warranty that would violate any law or invalidate any part of these Terms. To the fullest extent permitted by applicable law, we shall not be liable for any direct, indirect, consequential or punitive damages (including but not limited to loss of time, emotional harm, loss of opportunities, loss of data, loss of profits and etc.) under any circumstances in connection with your direct or indirect use (including but not limited to your inappropriate use or unable to use of the Website, or interruption, suspension, modification or termination of the Website, or any third-party services or products or any information or advice or advertising that you receive or are promoted through this Website or links hereof) of the Website, including but not limited to registration on the Website, posting comments, your failure to comply with these Terms and terms of any agreement you enter into with us and etc.. However, nothing here shall exclude our liability for intent, fraud or body injury or death (in relation to consumers) or gross negligence.
We provide contents on this Website as “as is”. Your use of this Website and the information contained therein is entirely at your own risk. To the fullest extent permitted by applicable law, we disclaim all express and implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement of specific rights (including but not limited to, copyright, trademark right, privacy right, patent right or trade secrets).
We assume basic guarantee obligations within the scope of the law, but we shall not be liable for damages caused to you by network maintenance, connection failure, computer, communication or other system failures, power failures, strikes, riots, earthquakes, fires, floods, storms, explosions, wars, government actions or judicial orders. We shall not be liable for services and goods provided by any third parties, received or advertised through the Website or accessed through any links on this Website.
To the fullest extent permitted by applicable law, you agree to make amends to the following enterprises or individuals that have assumed responsibility to protect them from losses when LS&Co. and its employees, directors, agents, licensors, service providers, vendors, suppliers and etc. suffer losses due to claims and demands made by third parties arising out of your submissions, your third-party activities, websites or organizations, your abuse of the Website, your breach of these Terms or any of statement and warranties thereof, or your infringement of any rights of another party, including but not limited to reasonable attorneys’ fees and arbitration/litigation costs. Forementioned stipulation will not apply for our negligent or intentional conducts.
14. GOVERNING LAW; SEVERABILITY; WAIVER; DISPUTE RESOLUTION
It is your responsibility to ascertain and obey all applicable local and international laws, rules and regulations (including minimum age requirements, like civil capability) related to the use of our Website. Any dispute arising out of, or relating to, the Terms will be governed by and interpreted and construed in accordance with the laws of Hong Kong SAR without regard to any principles of conflicts of law.
If any part of the Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the Terms.
Any failure by us to partially or fully exercise any rights or the waiver of any breach of the Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of the Terms. Our rights and remedies under the Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
LS&Co. attaches great importance to customers relationships and satisfaction. If you have any dissatisfaction or comments with us during the use of our services, you can make complaints or suggestions to us through the contact information hereunder. If you have any disputes or controversies while using our services, we hope to resolve them through friendly negotiation with you. If the negotiation fails, you agree to submit such disputes or controversies to people’s court with jurisdiction where Levi Strauss (Hong Kong) Limited registered for resolution.
Terms relating to copyright, trademark, limitations of liability, disclaimers, law and jurisdiction and other terms that by their nature may continue to apply shall survive after any termination of these Terms.
15. INFORMAL DISPUTE RESOLUTION
We try to address any disputes without the need to initiate a formal legal case. You agree that prior to submitting any dispute or claim to lawsuit for resolution, you and we shall make a good faith effort to resolve it informally, including having at least one telephone conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing at mbxcseshop@levi.com, of the nature of this dispute, with "Informal Dispute Resolution" in the subject line of the email, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. During the sixty (60) days following receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that sixty (60) days (which period can be extended by agreement of the parties), you or we may commence a lawsuit to resolve the dispute consistent with the process set forth below.
16. ADDITIONAL ASSISTANCE
If you have any questions or concerns about the Terms, call us by 2412-8000, or email us to mbxcseshop@levi.com, or write to below address:
Levi Strauss (Hong Kong) Limited
General Manager
22/F, Standard Chartered Tower, Millennium City 1,
388 Kwun Tong Road, Kwun Tong, Kowloon, Hong Kong SAR
Please be assured that any Personal Information that you provide in communications to the above email, telephone number and postal address will not be used to send you promotional materials.