NOVA Mall Website

Terms of Use and Disclaimer

Updated as August 2020

Current as at August 2020

NOVA Mall's website [www.nova.mo] (the “Site") is managed and operated by Shun Tak Hong Kong – Macau Real Estate Limited ("NOVA Mall" or "We" or “Our”).

By accessing or using the Site, you (the “User” or “you”) acknowledge that the User has read, understood, and agreed, without limitation or qualification, to be bound by these Terms of Use, together with the policies and disclaimers as stated below (collectively the "Terms of Use"), which govern the use of the services and content of the Site. NOVA Mall reserves the right to make modifications to the Terms of Use and the Site in its sole discretion from time to time by posting notice on the Site, and all such modifications will take effect upon posting. Please read the Terms of Use carefully before using the Site. Users are reminded to review the Terms of Use before using the Site to ensure that they are familiar with the most recent version. By assessing and using the Site, Users agree to be bound by the most recent version of the Terms of Use.

1. INTELLECTUAL PROPERTY RIGHTS

The Site and all information available thereon include, but not limited to trademarks, logos, service marks, text, graphics, icons, images, videos, audio clips and software (collectively the “Contents"), are owned or controlled by NOVA Mall and/or Our licensors, and are protected by the laws of Macau, Hong Kong and elsewhere, including but not limited to intellectual property laws and treaties of Macau and Hong Kong.

All right, title and interest in the Contents and other intellectual property rights in the Site shall at all times remain the property of NOVA Mall or (as the case may be) Our licensors. Users:

· may not modify, reproduce, republish, duplicate, distribute, transmit, reuse, copy, create derivative works from, store in retrieval system, or in any way exploit, the Contents nor any portion of the Site, in whole or in part, for any purpose without Our express, prior written consent.

· may only download such part of the Contents as is expressly permitted to be downloaded from the Site for the use specified and for User’s non-commercial and personal use only provided that the User does not remove or modify any copyright and other proprietary notices contained in the Contents.

· shall provide credit of "NOVA Mall" by citing its website if User is permitted to re-broadcast and repost the Content released on the Site.

In the event of any permitted copying, redistribution or publication of any Contents, the User agrees not to make any change to or deletion of author attribution, trademark, legend, copyright notice or any other proprietary notice contained therein. The User acknowledges that nothing contained in the Site should be construed as granting a license or right to use any of NOVA Mall’s intellectual property rights displayed on the Site without the written permission of NOVA Mall.

2. COOKIES POLICY

This cookies policy explains what cookies are and how NOVA Mall uses them. Cookies are encrypted text files which are stored by the User’s Web browser on the User’s computer or mobile device when the User visits websites. Cookies work to make the User’s website browsing experience as smooth as possible by remembering the User’s browsing behaviors and preferences. NOVA Mall will not collect any personal data from the User when the cookies are being used. NOVA Mall uses session cookies across the Site in a range of ways to improve the Users' online experiences including presenting relevant content to the User and understanding how the User uses the Site.

By accessing and browsing the Content of the Site, the User automatically accepts the use of cookies, which will be used to analyze how the User uses the Site which helps us to troubleshoot any problem and to monitor the Site’s performance. User's cookies are anonymous but include a unique identifier for each computer, which will not reveal personal information of individual Users of the Site.

NOVA Mall does not collect information that identifies the Users personally through cookies. NOVA Mall's cookies are used to generate aggregated, anonymous information about how the User navigates the Site and uses its features. Such aggregated data is used for measuring website traffic, improving the usability of the Site and assists us in fixing errors on the Site. NOVA Mall and service providers may also collect, hold, and use the data and information for purposes such as:

· Promotional, marketing, publicity and research activities;

· Internal operational and administration.

The User may manage the browser settings to accept or decline cookies from the websites the User visits. The User should be aware that the User may not be able to use all the interactive features of the Site if the User sets the browser to disable cookies entirely. The User can also delete any cookies that have been installed in the cookie folder of User’s browser.

3. DISCLAIMERS

The information contained in the Site is compiled by NOVA Mall for general information only. Any information contained in the Site is provided without warranty or guarantee of any kind, whether express or implied, including but not limited to guarantee of completeness, accuracy, timeliness, or fitness for a particular purpose. Under no circumstances, shall NOVA Mall, third-parties service providers, or their respective holding companies, subsidiaries, affiliates, partners and licensors and mall staff take any liability, obligation or responsibility (whether in tort or contract or otherwise) for any loss or damage howsoever arising from or in reliance upon the content of the Site. Any information on the Site is subject to change without prior notice to you.

NOVA Mall also reserves the right to withdraw or withhold some parts of the Site without prior notice. NOVA Mall will not be liable if any information or online service is suspended or delayed at any time.

3.1. SECURITY ISSUES

NOVA Mall uses its best endeavor to ensure online security. However, NOVA Mall does not guarantee FULL security over the internet. Consequently, Users should be aware that their browsing device could be in risk of being affected by viruses or other harmful components and disruptive faults when visiting the Site. The User acknowledges that he/she uses the Site at his/her own risk and is also responsible for scanning the device they use for browsing the internet for viruses and malicious software at all times. NOVA Mall is not liable for any loss or damage due to the use of the Site or other websites linked to the Site.

Users should also be aware that they will be held liable for the following acts:

· Accessing the server or database of the Site without authority through hacking, password mining or any other means;

· Attacking the Site with any malicious viruses.

Users should be aware that NOVA Mall will report any case of breach or illegal activities and will cooperate with relevant authorities by offering the Users’ public IP addresses and browsing history, etc.

3.2. PROMOTIONAL MATERIALS

Any promotional materials of goods or services posted on the Site are for the purpose of general information and for reference only. NOVA Mall does not recommend nor endorse these products or services as it is not responsible for and cannot guarantee the quality of such goods and services. NOVA Mall accepts no responsibility or liability for any transactional disputes or losses arising from having reference to the information on the Site. User hereby agrees NOT to claims or take legal actions against NOVA Mall in this regard.

3.3. THIRD PARTY CONTENTS AND LINKS

Some of the contents of the Site are provided by third parties such as the merchants at NOVA Mall. NOVA Mall is not responsible for the accuracy, any infringement of copyrights or intellectual property rights relating to the information provided by third parties on the Site. NOVA Mall is not liable if any parties experience any loss of profits, reputation damage, legal proceedings, indemnification or other damages arisen from posting or accessing information on the Site.

The Site also provides links to other websites not operated or managed by NOVA Mall, including those of NOVA Mall merchants and business partners. NOVA Mall does not have any control over, cannot monitor and does not endorse any of these websites or any of the contents contained therein. NOVA Mall is not responsible for the contents available on or the set-up of those websites and has no liability in respect of the User’s dealings with third parties. Hence, when visiting, accessing or dealing with these third party websites, the User does so entirely at his/her own risk and subject to any online policies and privacy statements that may be applicable to each such use and access. NOVA Mall is not responsible for any breach of privacy or contraction of viruses, or destructive materials from these websites. We also take no responsibility in relation to the User’s activities on other websites including but not limited to dealing with third parties and using the services and/or products displayed therein.

4. INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless NOVA Mall, its parent companies, subsidiaries, affiliated companies, licensors, directors, employees, agent and any third party service providers etc to the Site from and against all claims and losses as a result of or incidental to your use or misuse of the Site and any contents thereon.

5. SEVERABILITY

If any part of the Terms of Use is held to be unenforceable, such unenforceable part shall be deemed deleted from the Terms of Use and the remaining provisions will remain in full force and effect.

6. APPLICABLE LAW

All matters relating to your access to, and use of information on the Site shall be governed and interpreted by the laws of the Macao Special Administrative Region of the People’s Republic of China.

In case of any inconsistency or conflict between the Chinese and versions of other languages, the Chinese version shall prevail.