The Overlander Membership : Rules and Regulations

Thank you for joining The Overlander membership. Please read the following terms and conditions before you accept to be the member. After the registration you can enjoy the membership services offered by The Overlander.

1. INTERPRETATION

“Member” means the registered member for Membership Services provided by The Overlander. The headings in this Membership Agreement are for convenience only and shall not affect its interpretation.

2. ACCEPTANCE OF TERMS

Once becoming Member of The Overlander, Member is bound by all the terms and conditions of this Membership Agreement ("the Terms and Conditions"). Membership Services are offered to Member conditional upon acceptance of all of the Terms and Conditions. However, The Overlander may in its own discretion and at any time modify or revise the Terms and Conditions pursuant to clause 4 herein. BY COMPLETING THE MEMBERSHIP REGISTRATION AND CLICKING THE “Accept” BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS MEMBERSHIP AGREEMENT.

3. MEMBER’S LIABILITIES

As a condition of Member's use of Member Services, Member agrees to provide correct and complete information of Member as required by The Overlander and is under a duty to maintain and update the said personal information in order to ensure its accuracy completeness and update. If Member provides wrong, inaccurate, outdated, incomplete or misleading information or if The Overlander has reason to suspect the same to be wrong or misleading, The Overlander has the right to refuse the application for Membership or suspend or terminate the Membership without notice or incurring any liability towards Member or any persons.

4. MODIFCATIONS TO THE TERMS AND CONDITIONS

The Overlander reserves the right to change, amend or revise the Terms and Conditions. Such changes, additions or deletions shall be effective immediately upon the giving of notice by The Overlander by whatever means that The Overlander may think fit including but not limited to posting on http://www.overlander.com.hk, or by any other communication means provided by the Member. Any use of Membership Services by Member or after such notice shall be deemed to constitute acceptance by Member of such changes additions or deletions. Member’s continued use of Membership Services constitutes affirmative: (i) acknowledgement by Member of the Terms and Conditions and its changes additions or deletions and (ii) agreement by Member to abide and be bound by the Terms and Conditions and its changes additions or deletions.

5. MODIFICATION SUSPENSION OR TERMINATION OF MEMBERSHIP SERVICES

The Overlander may without giving any prior notice to Member:- i. Modify, suspend and/or terminate any or all of Membership Services; ii. deactivate any or all of Membership Services in order to carry out system maintenance, upgrading testing and/or repairs; iii. restrict or suspend use and access by Member to any or all of the Membership Services in the circumstances that The Overlander is of opinion that Member has been in breach of any of the Terms and Conditions or such action is found by The Overlander appropriate desirable or necessary. Member acknowledges and agrees that The Overlander shall not be liable to Member or any third party for the implementation of this clause.

6. PRIVACY POLICY

The Overlander respects the privacy of its Members. Member must agree and abide by the terms and conditions of the Privacy Policy in order to become Member of The Overlander. The Overlander will apply and comply with the laws and principals of the Personal Data (Privacy) Ordinance (Cap 486) of the Laws of Hong Kong and to safeguard the privacy of customers with respect to personal data.

The Overlander will only collect, hold and use personal data required for its operations and other related activities, and in a lawful and fair manner. The information collected is used only by The Overlander for the purposes of sending promotion materials and related information including e-newsletters. The personal information provided will not be transferred to any other parties which are irrelevant to The Overlander. The Overlander does not use your personal data for any other purposes without your prior consent unless such use is permitted or required by law.

The Overlander will maintain your personal data securely in our system. Only the authorized staffs will be permitted to access to these personal data. The Overlander will also ensure compliance by our staff with the strictest standards of security and confidentiality.

The Overlander may send direct marketing materials to members and other customers who have participated in shop events, based on the personal data provided. If you do not want your personal data be used for the purpose of direct marketing, please click the follow Box
□ Yes, I am willing to receive promotion information from The Overlander.
□ No, I do not wish to receive promotion information from The Overlander.

Or you can advise The Overlander in writing or by e-mail. [email protected] You may also click the “Unsubscribe”button in the in-coming emails to unsubscribe.

Overlander would collect your Universal Unique Identifier ("UDI") number upon you download this mobile application. The purpose of collection is to restrict member from using other devices to log on to his member's account.

7. MEMBERSHIP NUMBER, PASSWORD, AND SECURITY

Member must keep his Membership Number and password for access to his account. Member is entirely responsible for maintaining the confidentiality of his Membership number, password and any other information of his account. Member is also entirely responsible for any and all activities and conducts that occur under his account. Member may change his password at any time. Member agrees to notify The Overlander immediately of any unauthorized use of his account or any other breach of security known to Member.

8. PROHIBITION AGAINST TRANSFER OR COMMERCIAL USE OF MEMBERSHIP SERVICES

Membership Services are limited for personal use by Member. Save with The Overlander prior written consent, Member shall not copy, duplicate, transfer, assign, sell or make or cause commercial use of Membership Services or the contents thereof. The Overlander reserves the right to terminate this Membership forthwith without notice should Member be in breach of this clause.

9. INDEMNIFICATION

Member shall indemnify and hold The Overlander, its parent companies, subsidiaries, or other persons or entities whosoever indemnified against any claims losses damages (actual and consequential), suits, judgments, litigation costs and liabilities or expenses whatsoever in nature made by any third party due to or arising out of Member’s use of Membership Services, the violation of Terms and Conditions by Member, use of Member’s computer or other electronic devices by Member or other persons resulting in infringement of any intellectual rights and other rights of any person or entity.

10. NOTICE

The Overlander may send messages through emails or through http://www.overlander.com.hk or mobile phone Apps to inform Member of all related matters. All notices send to The Overlander shall be in writing and shall be made by email or by post.

11. INTELLECTUAL PROPERTY RIGHTS

Member acknowledges that the content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in the Membership Service or presented to Member by Membership Services, The Overlander or the content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; Member may make a copy of the content for Member’s sole personal, non-commercial use only, but shall keep all copyright and other proprietary notices intact. Member may not copy, reproduce, distribute, or create derivative works from the content without expressly being authorized to do so by The Overlander or the content provider.

12. Trademarks, service marks and copyright

Trademarks and service marks in our web-site & mobile phone Apps belong to us and all rights in them are reserved. All graphics, logos, service marks and trademarks cannot be used without the prior written consent of our company. All contents on our site and mobile phone Apps, including design, text, graphics, logos, button icons, images, software and audio clips; any improvements or modifications to such content; any derivative works thereof; the collection, arrangement and assembly of all content appearing on this site, are the exclusive property of us and are protected by Hong Kong and international copyright and other applicable intellectual property laws. All softwares used on our site and mobile phone Apps are the property of us and is protected by Hong Kong and international copyright and other applicable intellectual property laws.

13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

We do not warrant (whether expressly or impliedly) that the function, operation or accessibility of this Apps will be uninterrupted or error-free, or that the Apps or the server that makes it available will be free of viruses, Trojan horses, worms or other harmful elements. It is your responsibility to ensure that the right equipment is available to you in order to properly access and use the Apps and screen out anything that may damage your Mobile phone. We accept no liability whatsoever and howsoever arising from and/or in connection with your use of or inability to use this Apps. The content of The Overlander e-membership Apps is governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). Users agree to submit to the exclusive jurisdiction of courts of Hong Kong.

14. CHOICE OF LAWS AND JURISDICTION

This Membership Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). Member and The Overlander agree to submit to the exclusive jurisdiction of courts of Hong Kong.

15. WAIVER AND SEVERABILITY OF THE TERMS AND CONDITIONS

The Overlander failure to exercise or enforce any right or provision of this Membership Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Overlander in writing. If any provision(s) of this Membership Agreement is found by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as much as possible, to give effect to the intentions of the parties as reflected in such provision(s) with the other provisions remaining in full force and effect.