Terms of use
Ella Brooks – Website Terms of Use
These terms tell you the rules for using our website www.ellabrooksclo.com (our "Site"). Please read these terms carefully before using the Site.
Who we are and how to contact us
The owner of the products sold and of the Ella Brooks website is HK Hitech Co Limited. HK Hitech Co Limited (hereinafter, “the Seller”) having its registered office at RM.1902，EASEY COMM. BLDG.253-261 HENNESSY ROAD，WANCHAI, HK. Company number: 74077647-000-05-23-4. The company is represented by the brand Ella Brooks. To contact us with general queries, please email contact@ellabrooksclo.com. To contact customer services, please submit an enquiry to our Customer Services team
By using our Site you accept these terms
By using our Site, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our Site. We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These terms refer to the following additional terms, which also apply to your use of our Site:
If you purchase products from our Site, our terms and conditions of supply will apply to the sales.
We may make changes to these terms and our Site
We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
We may update and change our Site from time to time to reflect changes to our products, our users' needs and our business priorities.
We may suspend or withdraw our Site
Our Site is made available free of charge. We do not guarantee that our Site, 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 Site for business and operational reasons.
You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under the contract.
You must keep your account details safe
If you choose, or you are provided with a password or any other piece of information as part of our security procedures or account registration process, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms. If you know or suspect that anyone other than you knows your password, you must promptly contact our Customer Services team
How you may use material on our Site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged (except where the content is user-generated). You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our Site in breach of these terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No text or data mining or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site or any services provided via, or in relation to, our Site. This includes using (or permitting, authorising or attempting the use of):
→ any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Do not rely on information on this Site
The content on our Site is provided for 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 Site.
Although we make reasonable efforts to update the information on our Site, we make no promises, representations or warranties that the content on our Site is accurate, complete or up to date. The same also applies for all websites connected through a hyperlink on our Site.
We are not responsible for websites we link to
Where our Site 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.
User-generated content
Our Site may include information and materials uploaded by other users of the Site, for example, product reviews which are uploaded to product pages. This information and these materials may be subject to moderation by us or a third party before they are uploaded. In any event, the views expressed by other users on our Site do not represent our views or values.
Prohibited use of our Site
You may not use our Site:
You also agree:
Uploading content to our Site
Whenever you make use of a feature that allows you to upload content to our Site ("Contribution"), for example, when you submit a product review (including any photograph and/or video you upload as part of your review), you must comply with the content standards set out in the section below.
You warrant that any Contribution complies with the below content standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Site will be considered non-confidential and non-proprietary and you are solely responsible for securing and backing up your content. You retain all of your ownership rights in your content, but you grant us and other users of the Site the following rights to use that content:
→ a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Site and across different media including to promote the Site or the service forever; and
→ a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes forever.
We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights or of their right to privacy. We also have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the below content standards. If you wish to contact us in relation to content you have uploaded to our Site and that we have taken down, please submit an enquiry to our Customer Services team.
Content Standards
The following content standards apply to each part of any Contribution as well as to its whole and must be complied with in spirit as well as to the letter. We will determine, in our absolute discretion, whether a Contribution breaches the content standards.
A Contribution must:
→ be accurate (where it states facts);
→ be genuinely held (where it states opinions);
→ if it is a product review, be written by a user who is a real customer;
→ if it is a product review, be directly related to the product to which it relates;
→ be written in English;
A Contribution must not:
→ be defamatory of any person;
→ contain any personal data and/or financial or medical information from which a user can be identified;
→ be defamatory of any person;
→ contain any personal data and/or financial or medical information from which a user can be identified;
→ be inappropriate, libellous, obscene, offensive, hateful, inflammatory or contain profanities;
→ bully, insult, intimidate or humiliate;
→ use sexually explicit language nor promote sexually explicit material;
→ include child sexual abuse material;
→ promote violence or contain any violent language or content;
→ promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
→ infringe any copyright, database right or trade mark of any other person;
→ be likely to deceive any person or be false and misleading in any way;
→ breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
→ contain confidential or private information and/or any company trade secret(s);
→ promote any illegal content or activity;
→ be in contempt of court;
→ be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
→ be likely to harass, upset, embarrass, alarm or annoy any other person;
→ impersonate any person or misrepresent your identity or affiliation with any person;
→ give the impression that the Contribution emanates from us, if this is not the case;
→ advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
→ contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; and/or
→ contain any advertising (including unsolicited or unauthorised material such as spam) or promote any services or web links to other sites.
Breach of permitted use
When we consider that a breach of the content standards has occurred, such breach will constitute a material breach of these terms and may result in us taking such action as we deem appropriate, including all or any of the following actions:
→ immediate, temporary or permanent withdrawal of your right to use our Site;
→ immediate, temporary or permanent removal of any Contribution uploaded by you to our Site;
→ issue of a warning to you;
→ legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
→ further legal action against you; and/or
→ disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
How to complain about or report content
If you become aware of any material on our Site that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, please contact us immediately by submitting an enquiry to our Customer Services team.
If you wish to complain about or report any other content on our Site, please submitting an enquiry to our Customer Services team.
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of supply.
If you are a business user, we exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it. 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 foreseeable, arising under or in connection with: (a) use of, or inability to use, our Site; or (b) use of or reliance on any content displayed on our Site. In particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. If you breach this provision, your right to use our Site will cease immediately and if such breach is a criminal offence under applicable laws, we will report it to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
Rules about linking to our Site
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 establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Site other than that set out above please contact our Customer Services team by submitting an enquiry
Our trade marks are registered
You are not permitted to use the "Ella Brooks" registered trade mark without our approval, unless it is part of material you are using as permitted under these terms.