Terms of service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

WHAT’S IN THESE TERMS OF USE


These terms of use (Terms of Use describe the rules for using our website hey-clay.com, including all its pages and
subdomains, unless otherwise expressly set out on respective page or in this Terms of Use (Website).


WHO WE ARE AND HOW TO CONTACT US


Website is operated by Trendformer Limited **(We)**. To contact us, please use the following email address: support@hey-clay.com


BY USING OUR WEBSITE YOU ACCEPT THESE TERMS OF USE


By visiting, accessing or using our Website, in any way or manner, you confirm that you unconditionally accept these Terms
of Use and that you agree to comply with them. These Terms of Use are effective as of **26.04.2024**.


If you do not agree to these Terms of Use, you must not use our Website.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU


These Terms of Use refer to the following additional terms, which also apply to your use of our Website:

  • Privacy Policy;
  • Terms of Service or EULA if you use of any our services, software or products;
  • Cookie Policy that sets out information about the cookies on our Website;
  • Any other terms or policy posted on our Website or otherwise made available to you by us.


WE MAY MAKE CHANGES TO THESE TERMS OF USE OR OTHER TERMS


We may amend these Terms of Use and other policies and agreements referred herein from time to time at our sole
discretion. Every time you wish to visit, use or access our Website, please check these Terms of Use and other policies ans
agreements mentioned herein or otherwise applicable to you to ensure you understand the terms that apply to you at that
time.


WE MAY MAKE CHANGES TO OUR WEBSITE


We may update, change and modify our Website from time to time to reflect changes to our services, products, our users’
needs, our business priorities or for any other reason or without any of them. We do not undertake any obligation, directly
refuse, reject and exclude any implied obligations, to the extent permitted by applicable law, and do not provide you with
any promise or guarantee that we will inform of any such updates, changes and modifications.


WE MAY SUSPEND OR WITHDRAW OUR WEBSITE


Our Website is made available free of charge.


We do not guarantee that our Website, any part of it, any page or subdomain, or any content on it, will always be available
or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business
and operational reasons, or without any reason, at our sole discretion.


You are also responsible for ensuring that all persons who access our Website through your internet connection or devices
are aware of these Terms of Use and other terms, issued by us, and that they will comply with them.


HOW YOU MAY USE MATERIAL ON OUR WEBSITE


All content included in or made available through our Website, such as text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations is our property or property of our content suppliers and is protected by
copyright laws and treaties around the world. The compilation of all content included in or made available through our
Website is our exclusive property. All rights are reserved.


Our status as the owner of content on our Website must always be acknowledged.


You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so
from us or our licensors, or without being granted respective authorization and approval.


If you breach any provision of these Terms of Use, your right to use our Website or any content available on it, if it has been approved, will cease immediately and you must, at our option, return or destroy any copies of the materials you have
made.


LICENSE AND ACCESS


Hereby we grants you a non-exclusive, revocable, royalty-free, non-transferable, non-sublicensable, worldwide end-user
license to access and to use our Website solely the for personal consumption and according to these Terms of Use and any
other terms, incorporated herein or applicable to you in any other manner.


DO NOT RELY ON INFORMATION ON THIS WEBSITE


The content on our Website is provided for the general information only. It is not intended to amount to advice on which
you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Any information available on our Website should not be treated or considered by you as our public offer or proposal except in case where you should expressly accept any terms and conditions and strictly subject to such terms and conditions accepted by you.


Although we make reasonable efforts to update the information on our Website, we make no representations, warranties
or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.


WE ARE NOT RESPONSIBLE FOR SITES WE LINK TO


Where our Website contains links to other sites and resources provided by third parties, these links are provided for your
information only. Such links should not be interpreted as approval by us of those linked websites or information you may
obtain from them.


We have no control over the contents of those sites or resources.


OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU


Whether you are a consumer or a business user:


- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Otherwise the terms
and conditions set out herein should apply.


If you are a business user:


  • We hereby directly exclude and disclaim all conditions, warranties, representations or other terms, express or implied, that may apply to our Website or any content on it,including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose;
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, (even if we have been advised of the possibility of such damages), arising under or in connection with:
    • use of, or inability to use, our Website or any part of it;
    • modifications, amendments, errors and omissions on our Website; or
    • use of or reliance on any information, content displayed or available on our Website.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • loss of data
    • business interruption;
    • loss of anticipated savings, discounts, benefits;
    • loss of other intagible objects or assets;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.


If you are a consumer user:


  • To the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of out Website even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
  • We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
  • Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraphs, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to fifty US dollars ($50) or the amount you paid us, if any, in the last 6 months.


Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and
exclusions may not apply to you. Despite the previous paragraphs, if we are found to be liable, our liability to you or
any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to fifty US dollars ($50) or the amount you paid us, if any, in the last 6 months.


YOUR OBLIGATION TO COMPENSATE OUR LOSS OCCURRED DUE TO YOUR ACT


To the extent allowed by law, you agree to defend, indemnify and hold harmless us and our affiliates and their respective
shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers
from and against any claims, complaints, liabilities, damages, charges, losses, costs and expenses, including without
limitation, reasonable attorney's fees and costs due to, arising out of or in any way connected with your breach of these
Terms of Use, or your violation of any law or the rights of a third party.


HOW WE MAY USE YOUR PERSONAL INFORMATION


We will only use your personal information as set out in our Privacy Policy.


WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM


We do not guarantee that our Website will be secure or free from any bugs or viruses.


You are responsible for configuring your information technology, computer programs and platform to access our Website.
You should use your own virus protection software.


You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is
malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on
which our Website is stored or any server, computer or database connected to our Website. You must not attack our
Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the
relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In
the event of such a breach, your right to use our Website will cease immediately.


RULES ABOUT LINKING TO OUR WEBSITE


You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or
take advantage of it.


You must not make a link in a way that may be treated or considered by anyone as association or affiliation between us, as
our approval or endorsement of anything.


Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the
home page.


We reserve the right to withdraw linking permission without notice.


The website in which you are linking must comply in all respects with applicable legislation and the content standards set
out in our terms and in each case such sites shall be suitable for children and contain content suitable for children, except in
case where such site is intended for professionals engaged in the business where we are present or, reasonably believe,
may be present.


WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?


If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by
material law of the Hong Kong. You and we both agree that all disputes related to the conclusion, execution, interpretation,
validity of these Terms of Use and/or its individual provisions are considered by the relevant courts of the Hong Kong, in
accordance with their procedural legislation of Hong Kong.


If you are a business, these Terms of Use, their subject matter and their formation (and any non-contractual disputes or
claims) are governed by material law of Hong Kong. We both agree to the exclusive jurisdiction of the relevant courts of the
Hong Kong, in accordance with its procedural legislation.


OUR TRADE MARKS


Logos, graphics, page headers, button icons, scripts, and service names included in or made available through our Website
are our trademarks or trade dress. Our trademarks and trade dress may not be used in connection with any product or
service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits us. All other trademarks not owned by us that appear on our Website are the property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored by us.


SEVERABILITY
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of any remaining condition of these Terms of Use.