The terms and conditions set out below (“Terms and Conditions”)   govern your use of the following (“Site & Social Media”):

  • cody.com.hk website (“Site”)
  • “Social Media” – include the social media account listed below
    • Cody OUT OF HOME Facebook page
    • Cody Cool Cool Day Facebook page
    • codyooh Cody OUT OF HOME Instagram page
    • Cody OUT OF HOME YouTube page

By using the Site & Social Media, you must accept and abide by the Terms and Conditions. If you do not accept the Terms and Conditions, you are not permitted to use the Site & Social Media and you must refrain from using it.

The Site & Social Media is owned and operated by Cody Outdoor International (Hong Kong) Limited (“Cody”)   of 1401A Lee Garden Two, 28 Yun Ping Road, Causeway Bay, Hong Kong.

If you have any complaints or questions regarding the Site & Social Media or the Terms and Conditions then please contact us here.

Cody reserves the right to make changes to the Terms and Conditions which will be effective once they are published on the Site. You should revisit this area of the Site regularly to check the Terms and Conditions.

 

Use of the Site & Social Media by you

You agree to only use the Site & Social Media to view and access its Content for personal use and only as permitted by the Terms and Conditions. You are responsible for all equipment and software used to access the Site & Social Media.

You must not:

Use the Site & Social Media directly or indirectly for any activity which breaches any laws, infringes a third party’s rights, is unlawful, or breaches the Terms and Conditions; use the Site & Social Media directly or indirectly in a manner which is false, misleading or deceptive in any way; attempt to gain unauthorised access to the Site & Social Media or use another person’s name; create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; tamper with, hinder the operation of or make unauthorised modifications to the Site & Social Media; or knowingly transmit any virus or other disabling feature to the Site & Social Media.

Disclaimer

To the extent permitted by law, Cody and its information contributors and associated service providers exclude all warranties, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the information or services, including services of any third party, that are made available via or referred to on the Site & Social Media.

In no event will Cody or any member of Cody (or their respective officers, employees, agents or advisers) be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any Content contained on or omitted from the Site & Social Media, including any Content that is incomplete or superseded.

The Site & Social Media and Content available on it are provided on an “as is” basis and are summaries and Cody reserves the right to change, add or remove any Content on the Site & Social Media without notice. Cody makes no warranty that the Site & Social Media will be free from viruses or any kind of malicious code whatsoever.

To the extent permitted by law, all implied warranties, conditions and representations about or in relation to: the Site & Social Media; information, documents, software, text, graphics and other material displayed or available or contained on the Site & Social Media (“Content”); the goods, services or products made available through or referred to on the Site & Social Media; the availability of the Site & Social Media; and your use of the Site & Social Media, are excluded.

By continuing to use this Site & Social Media, you agree to receive cookies/similar technologies to measure visits, view video and use social sharing buttons.

By sending enquiry to Cody via the Site & Social Media, you agree and understood the terms of the Privacy Statement that are located on the Site.

Limitation of liability

If a term is implied by law into the Terms and Conditions and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in the Terms and Conditions.

Cody makes no representations or warranties of any kind, express or implied, as to the operation of the Site & Social Media, or the information, content, materials, products, or other services included on or otherwise made available to you through the Site & Social Media, unless otherwise specified in writing. You expressly agree that your use of the Site & Social Media is at your sole risk.

To the extent permitted by law, Cody (and its respective affiliates, officers, employees, agents, representatives and third party service providers) exclude all liabilities (including in contract, for negligence under statute or otherwise) for any loss, consequential loss, damage, costs or expenses suffered by you or claims made against you in connection with (however caused): your use of the Site & Social Media and the Content (including superseded or incomplete Content); any lack of availability, interruption, delay in operation, virus, Internet access difficulties, or equipment malfunction in relation to the Site & Social Media; any failure to provide the Site & Social Media; or any goods or services identified, supplied, offered or advertised on or through the Site & Social Media.

Linked Sites

The Site & Social Media may contain links to external sites. Those sites are not part of the Site & Social Media and, unless otherwise indicated, are not under Cody’s control. No link appearing in the Site & Social Media and no external site linked to the Site & Social Media is endorsed by Cody and no responsibility is taken for material on them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify Cody against any liability arising out of your accessing any linked site.

Placement and Removal of content on the Site

Cody is not required to publish any Content by these Terms and Conditions and reserves the right to decline to publish, or where already published, to remove any Content that Cody considers in Cody’s absolute discretion is inappropriate for the Site & Social Media for any reason.

Intellectual Property

You acknowledge that copyright, trade marks and all other intellectual property rights (“IP Rights”)   in the Site & Social Media and in the Content belongs to and that Cody will have all IP Rights in any Content developed by it or its contractors (whether commissioned by you or otherwise) in connection with your use of the Site & Social Media. To the extent you provide text, graphics or other material to Cody that is not new Content you grant Cody a perpetual, royalty-free, non-exclusive, irrevocable, world-wide licence to use, exploit and sub-licence such Content world-wide.

You are provided access to the Site & Social Media only for your personal use. Subject to applicable laws:

Unauthorised use of the Content is strictly prohibited and may infringe Cody’s IP Rights in the Content; and no Content may be reproduced, published or transmitted in any manner without the prior written consent of Cody.

Without limiting the above, and subject to applicable law, you may not without prior written permission from Cody: archive the Content or any part of it; form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content; adapt, vary, modify, redistribute or republish the Content (in whole or part); or link to the Site & Social Media including (without limitation) linking in any way which: frames the Site & Social Media; replicates the Site & Social Media; or misleads any person regarding any association with the Site & Social Media or any association with Cody (whether implicitly or expressly).

The trade marks used on the Site & Social Media are Cody’s trade marks or the trade marks of a third party. Nothing on the Site & Social Media should be construed as granting any licence to use any trade mark without the permission of the owner.

You must not use any of Cody’s trade marks: as or as part of your trade marks; in connection with goods or services which are not the goods or services of Cody; in a manner that may be confusing, misleading or deceptive; or in a manner that disparages Cody, their information or services or the Site & Social Media.

Technical Difficulties

You acknowledge that your use of the Site & Social Media and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, Cody and their service providers do not make any warranty that the Site & Social Media or services will be error free, without interruption or delay or free from defects in design or engineering.

The compatibility of this Site & Social Media is not guaranteed for all software or hardware of users.

Indemnity

To the maximum extent permitted by law, you specifically agree to indemnify and hold Cody and each of their respective affiliates, officers, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities resulting from your breach of these Terms and Conditions or relating to your use of the Site & Social Media or its use by any person on your behalf. For the purposes of this paragraph Site & Social Media includes any linked sites. Cody holds the benefit of this Indemnity and all other rights under this Agreement as trustee for each person named as benefiting from it.

Privacy

You acknowledge that you have read and understood the terms of the Privacy Statement that are located on the Site. You agree that Cody may use and disclose information about you in accordance with the terms of the Privacy Statement (including to Related Companies, Partners, and Joint Activities). You also agree to check the Privacy Statement on a regular basis and to let Cody know if you object to use or disclosure of information about you in accordance with any updated statement.

If you make contact with a person through the Site & Social Media and that person requests that you do not contact them again, you must comply with that request. You must not disclose the contact details of any person that you obtain through the Site & Social Media without the prior consent of that person.

While Cody takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Cody’s systems or on the Site & Social Media. Cody disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

Severability

The illegality, invalidity or unenforceability of any part of the Terms and Conditions will not affect the legality, validity or enforceability of the remainder.

Termination

If Cody reasonably believes that you have not complied with these Terms and Conditions your access to the Site & Social Media may be suspended, limited or cancelled immediately.

Cody reserves the right to disable your access to the Site & Social Media for any breaches of the Terms and Conditions without the need to provide reasons.

Waiver

Failure or neglect by Cody to enforce any of these Terms and Conditions shall not be construed or deemed to be a waiver of the rights of Cody.

Governing Law / Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong SAR") and any disputes arising from the interpretation of its contents shall be subject and referred to the non-exclusive jurisdiction of the Courts of the Hong Kong SAR.

Notes:

The effective date of these Terms is November 1, 2022.  These Terms were written in English. If there is any conflict, inconsistency or ambiguity between the English version and any translated version of these Terms, the English version shall prevail.