Version: 03 August 2015

VTech Holdings Limited and its affiliates (collectively “VTech”) appreciate your interest in our companies and your visit to our website (hereinafter named “Website”). The following terms and conditions set forth the basic rules that govern your use of our Website.

 

Please read these terms and conditions. If you do not agree to the terms stated below, please leave this Website now.

 

1. Agreement

Your use of our Website constitutes your agreement to comply with the following terms and conditions of use. Each time you use the Website, the current version of the terms and conditions will apply. Accordingly, when you use the Website, you should check and review any changes since the last version.

 

2. Modification

VTech may change the terms and conditions that govern your use of our Website from time to time, and your use of our Website after such changes constitutes your agreement to follow the terms and conditions as changed. In addition to changes in the terms and conditions, VTech may change, edit, delete or revise portions of the Website at any time without notice.

 

3. Restriction on Use of Contents and Intellectual Property Rights

The information, text, graphics, video files, sounds and links (hereinafter named “Contents”) on the Website are all owned by VTech and subject to copyright and other intellectual property rights protection. You shall not display, distribute, modify, perform, reproduce, re-post, sell or create derivative works based on, or otherwise use any Contents in any way for any public or commercial purpose without VTech’s prior written permission. Access to and use of our Website are solely for your personal information, education and communication to VTech. Except as specially set forth herein, VTech retains all rights, title and interests in all the Contents of our Website. Violation of these terms and conditions shall result in the immediate termination of your right to use the VTech’s Website and Contents. Any previously downloaded or printed copies of VTech’s Contents must be immediately destroyed.

 

4.  4. Trademarks

The trademarks, logos, and service marks (collectively “Trademarks”) displayed on this Website are the registered and/or unregistered trademarks of VTech and others. Nothing contained on the Website or in this Agreement serves to grant to you, by implication, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of VTech or such third party that may own the displayed Trademark.

 

5. Website Updates

VTech undertakes no obligation to update, amend or clarify information on our Website, including without limitation, financial information. No specified update or refresh date applied in our Website should be taken to indicate that all information on our entire Website has been modified or updated. Please remember when reviewing information on our Website that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on our Website to become inaccurate or incomplete. Any news releases contained on our Website are dated to indicate the last time such information was modified by VTech. No other specified date or refresh date applied in our Website should be taken to indicate that information contained in archived press releases was updated past its initial publication date. VTech undertakes no obligation to update, amend or clarify previously published press releases.

 

6. User Comments and Other Submissions

While VTech desires to receive feedback from consumers, unless specifically requested by VTech in writing, please do not send VTech any creative or original concepts, ideas, materials or products, or confidential or proprietary information. All comments, feedback, ideas, suggestions or other information submitted or offered to VTech on or via our Website or otherwise (collectively "Submissions") shall be and remain VTech’s property. Any such disclosure or offer of any Submissions shall constitute an assignment to VTech of all worldwide rights, titles and interest in all intellectual properties in the Submissions. Thus, VTech will own exclusively all such rights, titles and interests in any Submissions, and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. VTech is and shall be under no obligation to maintain any Submissions in confidence, to make any payment for any Submissions, or to respond to any Submissions. You agree not to use this Website for any illegal or immoral purpose.

 

7. Limitation of Liability and Indemnification

By using this Website, you agree that:

 

Your use of this Website is at your own risk.

You assume full responsibility for all costs associated with services or equipment maintenance arising from the use of this Website. You shall compensate and indemnify VTech and hold it harmless from and against any and all damage claims costs and expense, including attorney fees, arising from or related to your use of this Website.

In no event will VTech or its affiliates or any party involved in creating, producing or delivering this Website be liable in any manner whatsoever for any incidental, consequential, indirect, special or punitive damages arising out of your access, use or inability to use this Website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure (including loss profits, loss of business or data, business interruption, and damages that result from inaccuracy of the information or inconvenience, delay, or loss of the use of the Website). The foregoing limitations apply even if VTech or its affiliates or any other party has been advised of the possibility of such damages.

VTech reserves the right to change or delete any contents, or suspend or/and terminate your use of this Website at any time for any reason without notice, and shall not be liable for any loss arising from such change and in any way for possible consequences of such change. Since some jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, the liability of VTech, its affiliates, agents, licensors and supplier in such jurisdictions shall be limited to the extent permitted by law.

The word "computer", when used in these terms and conditions, refers to computers, smartphones and all other devices used for accessing the internet.

8. Disclaimer

The Contents provided on this Website is provided "as is" and VTech makes no warranty or representation, either express or implied, as to its use, availability, accuracy or performance. As a user, you assume all risks and responsibilities for its use or non-use and VTech makes no representation that the Contents appearing on or downloaded from this Website is compatible with your computer or free from error or viruses. No VTech employee, agent or representative is authorized to modify or amend this warranty. VTech disclaims all other warranties either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, with respect to this Website and the contents therein. VTech may revise or delete the Contents, in whole or in part, at any time without notice.

 

9. Links

VTech’s Website may contain "links" to non-VTech sites and it is possible that non-VTech sites also link to VTech Website. VTech is not responsible for the content or policies practiced by non-VTech Websites. The appearance of any link to other sites does not constitute or imply any approval or endorsement by VTech of the other sites. Your following any such links to other Websites is at your own risk.

 

10. Availability of Products and Services

The products and associated services offered by this Website may not be available in all countries or locations. The information provided on this Website does not imply or warrant that any particular product or service is available to you at your present location or at a future location to which you may relocate. You should enquire with VTech as to the availability of products and/or services in your particular location.

 

11. Termination

This Agreement is effective unless and until terminated by either you or VTech. You may terminate this Agreement at any time, however, the provisions of sections 3, 4, 6, 7 and 11 shall survive any such termination. VTech may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to our Website if in VTech’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or VTech, you must promptly destroy all materials downloaded or otherwise obtained from our Website, as well as copies of such materials, whether made under the terms of this Agreement or otherwise.

 

12. Severability

If any one or more of these terms and conditions, or their application in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of that term or condition in any other respect and the remaining terms and conditions shall not in any way be impaired.

 

13. Waiver

VTech’s failure to exercise or enforce any right or terms and conditions shall not constitute a waiver of such right or terms and conditions.

 

14. Choice of Law and Forum; Consent to Electronic Communications

Unless otherwise specified, the content and information contained on this Website is presented solely for your convenience. This Website is controlled and operated by VTech from its offices within the Hong Kong Special Administrative Region. VTech makes no representation that any Contents or information is appropriate or available for use in other locations.

 

These Terms and Conditions shall be governed and construed in accordance with the laws of Hong Kong Special Administrative Region. Any dispute arising out of or relating to these Terms and Conditions or your access or use of this Website will be subject to the non-exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.

 

When you visit our Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

15. Privacy Statement

VTech is committed to protecting the privacy of the visitors to its Website. For information on how information is collected, used, or disclosed by VTech in connection with your use of this Website, please consult our Privacy Statement which is incorporated into this Terms of Use by reference.

 

16. Entire Agreement

The provisions and conditions of these Terms and Conditions constitute the entire agreement between you and VTech related to the use of the Website and supersedes any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between the Terms and Conditions and any future published Terms and Conditions or understanding, the last published Terms and Conditions shall take precedence

 

17. Complaints and Queries

Should you have any questions concerning this Agreement, or if you desire to contact VTech for any reason, please contact us by email to webmaster@vtech.com.