Termos e Condições

Welcome to Tatship and our website at www.tatship.com (our “website”). These Terms of Service (these “Terms”) constitute a legal agreement between you and Tatship governing the use of our services.

ABOUT US
1. We are Convinced Creations Company Limited, 9th Floor, Amtel Building, 148 Des Voeux Road Central, Central, Hong Kong (“Tatship”, “we”, “us”, “our”).
2. We provide our a) Tattoo Simulator and Try on History; b) maintain your presence on our Find Tattoo Artists directory; and c) use our auxiliary services (“Services”).
3. To contact us, please email us at [email protected].
4. The following also apply to these Terms and form an integral part of these Terms:
  1. our Privacy Policy, and
  2. our Cookie Policy.
5. These Terms were last updated on Tuesday, 23rd of April, 2023, and are the current and valid version.
GENERAL TERMS
1. We licence use of our Services to you on the basis of these Terms to the exclusion of any terms and conditions you purport to apply. We do not sell our Services to you, and we remain the owner of our Services at all times.
2. The provisions set out in these Terms govern your access to and your use of our Services and shall constitute a legally binding agreement between you and us.
3. We may change these Terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Services.
4. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our Services on these Terms.
5. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Services or your account at any time, if we determine that you have breached these Terms.
6. We reserve the right to change, modify, suspend or discontinue any portion of the Services, our website or any other products, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time.
7. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
YOUR ACCOUNT
1. By registering for an account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our website, you agree and acknowledge that:
  1. you are at least 18 years of age and not a minor in your country of residence;
  2. you have read the terms set out in these Terms and agree to be bound by and comply with them.
2. You are responsible for maintaining the confidentiality of your account and you are responsible for all activities that occur under your account. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your account.
LICENSE
1. Subject to your payment obligations, we grant you, unless specifically agreed in writing, a personal, non-exclusive, non-assignable and non- transferable right to access and to use the Service within the limits determined by the plan chosen by you.
2. The licence is granted for the sole and exclusive purpose of enabling you to use the Service for your personal, non-commercial use purposes only and to the exclusion of any other purpose.
AVAILABILITY
1. Although we will try to provide continuous access to the Service, we cannot and do not guarantee that our Services will be available 100% of the time and will not be liable in the event our Services are unavailable.
2. You acknowledge that availability of our Services depends further on your compliance with your usage allowances as per your selected plan and scheduled and emergency maintenance periods. We undertake to notify you of scheduled and unscheduled outages that are expected to take more than four (4) hours.
END OF LIFE

We reserve the right to End-Of-Life (EOL) the Service at our sole discretion and shall provide 3 months notification of such EOL event. If you prepaid Fees for a service which is subject to EOL, we will use commercially reasonable efforts to a) transition you to a substantially similar Service or b) upon our express written agreement, ensure the Service availability, without uptime guarantee or test bug fixes, patches, or enhancements to the Services.

SERVICE LEVELS AND SUPPORT
1. During the Term, we shall render all commercially reasonable efforts to provide technical support to assist you in using our website and the Services. The total amount of technical support provided by us shall be governed under the fair use principle.
2. We have no obligation to provide any support:
  1. for anything other than our Services;
  2. if you or a third party has altered or modified any portion of the Services;
  3. if you have not used the Services in accordance with the documentation or instructions provided by us;
  4. to anyone other than you.
3. The response time for contacts concerning technical support made by you will not exceed 72 hours. If the response time exceeds 72 hours, we will present you with a technical justification and define a new deadline for carrying out and completing the support service.
PROPRIETARY RIGHTS
1. You acknowledge and agree that we own all intellectual property rights in our Services. Except as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of our Services.
2. You confirm that you have all the rights in relation to our Services that are necessary to grant all the rights it purports to grant under, and in accordance with, these Terms.
PROVIDING DATA
1. You irrevocably and unconditionally represent and warrant that any of your data provided complies with our Privacy Policy, Hong Kong's Personal Data (Privacy) Ordinance (“PDPO”) and the EU General Data Protection Regulation (“GDPR”) and any other applicable laws.
2. You are fully responsible for your data provided to our Services. We will not be responsible, or liable to any third party, for:
  1. the content or accuracy of any data provided or produced by you using the Services; or
  2. the loss of any data provided or produced by you using the Services. You should keep a record of all such data.
3. We will only use the data provided by you for the purposes of carrying out the Services, carrying out our obligations in these Terms and any other purpose expressly set out in these Terms or otherwise agreed between us. We will not otherwise disclose or distribute the data provided or produced by you using the Services, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
4. We have the right to disclose your identity to any third party claiming that any content or data uploaded or produced by you to our Services constitutes a violation of their rights under applicable law.
SERVICE DATA
1. If you wish to use our Services and its features, we process the data you provide (depending on how you are using our Services) which may include Personal Data, and Special Category Data or non-personal data of you that you make available to us (“Service Data”).
2. You shall own all rights, title and interest in and to all of your Service Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of your Service Data.
3. If we process any of your Service Data on your behalf when performing our obligations under this agreement, the parties record their intention that you shall be the data controller and we shall be a data processor and in any such case:
  1. you acknowledge and agree that your Service Data may be transferred or stored outside the country where you are located in order to carry out the Services and our other obligations under this agreement.
  2. you shall ensure that you are entitled to transfer your Service Data to us so that we may lawfully use, process and transfer the personal data in accordance with this agreement on your behalf;
  3. You shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
  4. We shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by you from time to time; and
  5. each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
PROHIBITED USES
1. You may use our Services only for lawful purposes. You may not use our Services:
  1. in any way that breaches any applicable local or international laws or regulations;
  2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
  4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2. You also agree:
  1. not to reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of our Terms; and
  2. not to access without authority, interfere with, damage or disrupt:
  3. any part of our Services;
  4. any equipment or network on which our website and Service is stored;
  5. any software used in the provision of our Services; or
  6. any equipment or network or software owned or used by any third party.
INTELLECTUAL PROPERTY RIGHTS
1. You acknowledge that all intellectual property rights in our Services anywhere in the world belong to us, that rights in our Services are licensed (not sold) to you, and that you have no rights in, or to, our Services other than the right to use them in accordance with these Terms.
2. Any intellectual property rights in content uploaded by you to our Services shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of our website.
3. You acknowledge that you have no right to have access to our Services in source code form.
WARRANTIES
1. We hereby make no specific guarantee or warranty of any kind and exclude all promises, whether expressed or implied, including any promises that use of our resume builder and our Services will achieve any specific results, leads to actual job offers, new prospects and opportunities or agreements following the delivery of our Services.
2. While we make all efforts to maintain the accuracy of the information on our website, we provide the Services, website and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
3. Tatship makes no representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of the Services and on our website.
4. Tatship cannot guarantee that the content and information of our Services and on our website will always be correct or fault, error and virus free.
5. Tatship does not accept liability for incorrect content or errors and omissions in Services and on our website or its content (whether of legal, typographical, technical, or other nature).
6. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our website or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our website, the related content, or electronic communications sent by us are free of viruses or other harmful components.
LIMITATION OF LIABILITY
1. We are not liable for the completeness, accuracy or correctness of any information and any related content in our Services and on our website. You expressly agree that your use of the Services and our website, including reliance on any content and information, is at your sole risk.
2. You agree not to use the Services, our website and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website or any other website or software) for:
  1. loss of profits, sales, business, or revenue;
  2. business interruption;
  3. loss of anticipated savings;
  4. loss or corruption of data or information;
  5. loss of business opportunity, goodwill or reputation; or
  6. any other indirect or consequential loss or damage.
3. Nothing in these Terms shall limit or exclude our liability for:
  1. death or personal injury resulting from our negligence;
  2. fraud; and/or
  3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
4. Our website is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
5. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
INDEMNITY

You agree to indemnify and hold us, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our website, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

TERMS OF SALE

These Terms of Sale together with our other policies tell you information about us and the terms (“Terms”) on which we sell any of our custom temporary tattoos (“Products”) through our website to you.

HOW THE CONTRACT IS FORMED
1. Your order constitutes an offer to us to buy a Product.
  1. After placing an order, you will receive an email from us acknowledging that we have received your order (“Order”). This does not mean that your Order has been accepted.
  2. All orders are subject to acceptance by us.
    1. The contract between us (“Contract”) will only be formed when we dispatch the Product.
2. WHEN ORDERS ARE NOT ACCEPTED
  1. While we do our best to always accept Orders, we can refuse an Order if:
  2. you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address;
  3. we discover that there was an error on our website relating to the Products you ordered, such as an incorrect price or description or the Products are out of stock or no longer available.
  4. If we cannot accept your Order we will contact you and refund you any money you have already paid for such Products.
  5. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
3. PRODUCTS DESCRIPTIONS
  1. We do our best to ensure that the information about our Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order.
  2. We also reserve the right to modify the information about the Products including their prices, description and availability. However, such changes will not affect Orders accepted by us.
  3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the inaccuracy of any Product description, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
4. PRICE AND PAYMENT
  1. The price of the Products and our delivery charges will be as quoted on our website, except in cases of obvious error.
  2. Product prices and delivery charges are liable to change at any time, but changes will not affect already dispatched Orders.
  3. We are under no obligation to provide the Product to you at the incorrect lower price, even after we have dispatched the Product, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
  4. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
  5. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
5. CHARGEBACKS
You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through our website, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.
1. CANCELLATION
  1. We reserve the right to cancel, at any time before delivery and for whatever reason, any Order that we have previously accepted such as if there is an event beyond our control, or we are unable to supply the Products.
  2. If we cancel your Order we will contact you and refund you any money you have already paid for such Products.
  3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
2. RIGHT TO CANCEL
Under Hong Kong’s and EU's consumer protection laws you have a cooling off period of 7/ 14 "working days” (respectively, during which you are entitled to cancel your purchase if, for any reason, you decide you no longer want the item from the date the contract is concluded (i.e., the date we send our Order Confirmation email). However bespoke or personalised goods, are exempt from the cooling off period and you will have no right to cancel.
1. DAMAGED OR DEFECTIVE PRODUCTS
  1. If you have received a damaged or defective Product, please email [email protected] within 7 days of delivery and attach pictures of the damaged item so that the damage can be checked.
  2. Please do not dispose of the item until you have heard back from us. No complaint can be considered unless clear proof can be given that the Product(s) are faulty or damaged.
  3. We will respond to all complaints within 5 working days.
2. RISK AND TITLE
  1. The Products will be at your risk from the time of delivery.
  2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
3. SPECIAL OFFERS, DISCOUNTS AND PROMOTIONS
  1. We reserve the right to change, limit or terminate any special offers, discounts, and promotions at any time without notice.
  2. All special offers, discounts, and promotions are subject to availability and may require you to accept additional terms and conditions which are hereby expressly incorporated into this Agreement.
  3. We reserve the right to limit certain special offers, discounts, and promotions to one order per customer as defined by their email address and/or credit card address and/or delivery address.
4. OUR RIGHT TO VARY THESE TERMS
We reserve the right to revise these Terms at any time. Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and amending the relevant date at the top of this page.
1. WARRANTY
  1. We warrant to you that any Product purchased from us through our website will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
  2. We will at our option replace or refund the price of Products which you notify us are defective.
  3. This warranty shall not apply to defects caused by misuse, neglect, accident, improper storage, installation or handling, frost damage, repair or alteration not carried out or authorised by us.
2. OUR LIABILITY
  1. If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
  2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business for resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  3. We do not in any way exclude or limit our liability for:
  4. death or personal injury caused by our negligence;
  5. any breach of the terms implied as to title and quiet possession;
  6. any breach of the terms implied as to satisfactory quality, fitness for purpose and description); and
  7. defective products.
3. COMMUNICATIONS BETWEEN US
  1. When we refer, in these Terms, to “in writing”, this will include email.
  2. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email. We will confirm receipt of this by contacting you in writing, normally by email.
  3. If we have to contact you or give you notice in writing, we will do so by email to the address you provide to us in your Order.
  4. Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, or 24 (twenty-four) hours after an email is sent.
  5. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
FORCE MAJEURE

We shall have no liability to you under this agreement if we are prevented from or delayed in performing our obligations under this agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors and will notify you of such an event and its expected duration as soon as reasonably possible.

OTHER IMPORTANT TERMS
1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of Hong Kong. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.