Terms of service
Overview
Welcome to TUSSAIA. References to “we”, “us” and “our” refer to TUSSAIA. TUSSAIA operates this store and website, including all associated information, content, features, tools, goods and services contained within orders, to deliver a curated shopping experience to you (the Customer), collectively referred to as the “Service”. TUSSAIA is powered by Shopify’s technology to provide you with the Service.
These Terms and Conditions together with any policies referenced herein (collectively the “Terms of Service” or “Terms”) set out your rights and liabilities when using the Service. Please read these Terms of Service carefully as they contain important information regarding your legal rights, including disclaimers and limitations of liability. By visiting, accessing, using or interacting with our Service, you agree to be bound by these Terms of Service and our Privacy Policy [Link]. If you do not accept these Terms of Service or the Privacy Policy, you must not access or use our Service. These Terms and Conditions are governed by the laws of the Hong Kong Special Administrative Region, China.
Clause 1 – Access and Accounts
By agreeing to these Terms of Service, you warrant that you have reached the legal age of majority in your state or province of residence, and you consent to allow any minor dependants under your guardianship to use the Service on devices owned, purchased or managed by you.
To use the Service, including browsing our online store or purchasing any goods or services offered, you may be required to submit specific information such as your email address, billing, payment and delivery details. You represent and warrant that all information you provide to our store is accurate, up-to-date and complete, and that you hold all necessary rights to submit such information.
You are fully responsible for safeguarding your account credentials and all activities conducted under your account. You may not assign, sell, transfer or license your account to any third party.
Clause 2 – Our Goods
We take every reasonable effort to display our goods and services accurately within our online store. However, please note that product colours or appearances may differ from what is displayed on screen due to variations in device types, settings and configurations used to access the store. We do not warrant that the appearance or quality of any goods or services you purchase will match your expectations or be identical to the descriptions or visuals featured on our online store.
We reserve the right to amend all product descriptions at any time without prior notice. We retain the right to discontinue any product at our sole discretion, and may restrict the quantity of any product available for sale to any individual, geographic region or jurisdiction on a case-by-case basis.
Clause 3 – Orders
Submitting an order constitutes an offer to purchase goods. TUSSAIA reserves the right to accept or reject your order for any reason at our sole discretion. Your order is not deemed accepted until confirmed by TUSSAIA. We must receive and process your full payment prior to order acceptance. Please review your order thoroughly before submission, as TUSSAIA may not be able to accommodate cancellation requests once an order has been accepted. If we decline, modify or cancel your order, we will attempt to notify you via the email, billing address and/or phone number provided at checkout.
Goods purchased may only be returned or exchanged in accordance with our Refund Policy [Link]. All purchases are for your personal or household use only and may not be resold commercially or exported.
Clause 4 – Pricing and Billing
Prices, discounts and promotions are subject to change without prior notice. The price applicable to goods or services shall be the rate valid at the time you submit your order, as confirmed in your order confirmation email. Unless explicitly stated otherwise, published prices exclude taxes, shipping fees, handling charges, customs duties and import levies.
Prices displayed on our online store may differ from those offered at physical retail locations, other online shops or third-party marketplaces. We may periodically launch promotional offers that alter pricing, which shall be governed by separate terms and conditions distinct from these Terms. In the event of a conflict between promotion rules and these Terms, the promotion terms shall prevail.
You agree to maintain current, complete and accurate purchase, payment and account information for all transactions made via our store. You undertake to promptly update your account and other details including email addresses, credit card numbers and expiry dates to enable us to complete your transactions and contact you where necessary.
You represent and warrant that: (i) all credit card information you submit is genuine, correct and complete; (ii) you hold full authority to use the credit card for purchases; (iii) all charges incurred will be honoured by your credit card issuer; and (iv) you will settle all charges at the published rate, including shipping and handling fees and all applicable taxes (if any).
Clause 5 – Shipping and Delivery
We accept no liability for shipping or delivery delays. All delivery timelines are estimates only and are not guaranteed. We shall not be responsible for hold-ups caused by logistics carriers, customs clearance or events outside our reasonable control. Title and risk of loss for goods pass to you upon handover to the shipping carrier. Notwithstanding the above, we will assess and rectify any inherent defects or quality issues existing prior to dispatch.
Clause 6 – Intellectual Property
The Service, including without limitation all trademarks, brand names, text, imagery, graphics, product reviews, videos, audio content together with their design, selection and layout, are the property of TUSSAIA, its affiliates or licensors, protected under Hong Kong and international patent, copyright and other intellectual property laws.
These Terms grant you a licence to use the Service solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any content from the Service. Nothing within these Terms shall be construed to confer any licence or right to use any patents, trademarks, copyrights or other intellectual property belonging to TUSSAIA, Shopify or any third party, save for the limited rights expressly stipulated herein. Unauthorised use of the Service may constitute a breach of Hong Kong intellectual property legislation. TUSSAIA reserves all rights not explicitly granted under these Terms.
The name, logo, product and service titles, designs and slogans of TUSSAIA are trademarks owned by TUSSAIA, its affiliates or licensors. You may not utilise such trademarks without prior written approval from TUSSAIA. The Shopify name, logo, product and service titles, designs and slogans are trademarks of Shopify. All other names, logos, product and service labels, designs and slogans featured on the Service are trademarks of their respective proprietors.
Clause 7 – Optional Third-Party Tools
As part of the Service, you may gain access to customer-facing tools provided by independent third parties. We do not monitor, control or intervene in the operation of such tools.
You acknowledge and agree that we provide access to these tools “as available” without any warranties, representations, conditions or endorsements of any kind. We disclaim all liability arising out of or related to your use of optional third-party tools. Your use of any third-party tools accessible via this website is entirely at your own risk and discretion; you must verify and consent to the terms published by the relevant third-party provider.
We may introduce new features (including new tools and resources) through the Service in future. All new functionality shall be deemed part of the Service and subject to these Terms of Service.
Clause 8 – Third-Party Links
The Service may contain website content and hyperlinks operated or supplied by external third parties (including embedded third-party widgets). We do not undertake to review or assess the accuracy or content of any third-party materials or websites you elect to access. If you leave the Service to visit external third-party platforms, you proceed entirely at your own risk.
We shall not be liable for any damage or loss incurred from accessing third-party websites, or purchasing/using any goods, services, resources or content hosted thereon. Prior to entering any transaction, carefully review all third-party policies and practices to ensure full comprehension. All complaints, claims, concerns or enquiries regarding third-party goods and services must be directed solely to the relevant third party.
Clause 9 – Relationship with Shopify
[Merchant Note: This clause accurately describes the relationship between Shopify and your store and must not be removed or amended.] TUSSAIA’s Service is powered by Shopify’s technology platform. All sales and purchases transacted through our store are conducted directly between you and TUSSAIA. By using the Service, you confirm and agree that Shopify bears no responsibility for any aspect of transactions between you and TUSSAIA, including any injury, damage or loss resulting from purchased goods and services. You hereby fully release Shopify and its affiliates from all claims, damages and liabilities arising out of or connected to purchases and transactions made with TUSSAIA.
Clause 10 – Privacy Policy
All personal data collected via the Service is governed by our Privacy Policy [Link]. Certain personal information may also be subject to Shopify’s Privacy Policy. Your use of the Service confirms that you have read and accepted our Privacy Policy.
As the Service is hosted on Shopify’s infrastructure, Shopify collects and processes personal data relating to your access and usage to deliver and improve the Service. Information you submit to the Service may be transmitted to and shared with Shopify and third-party processors located outside your country of residence for the provision of services. Refer to our Privacy Policy [Link] for full details on how we, Shopify and our partners utilise your personal data.
Clause 11 – Feedback
By submitting, uploading, posting, emailing or otherwise transmitting any ideas, suggestions, feedback, reviews, proposals, plans or other materials (collectively “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial applications. For example, we may exercise rights under this licence to operate, deliver, evaluate, enhance and promote the Service, and perform our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that: (i) you hold full ownership of all Feedback and all necessary intellectual property rights therein; (ii) you disclose any remuneration or incentives received in exchange for submitting Feedback; and (iii) your Feedback complies with these Terms.
We are under no obligation, now or in future, to: (1) maintain confidentiality of your Feedback; (2) provide compensation for your Feedback; or (3) respond to your Feedback submissions.
We reserve the right (without any obligation) to monitor, edit or remove Feedback deemed unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene or otherwise objectionable, or content that infringes third-party intellectual property or violates these Terms of Service.
You agree that your Feedback must not infringe any third-party rights including copyright, trademark, privacy, personality or other proprietary rights. You further undertake that Feedback shall not contain defamatory, illegal, abusive or obscene material, nor any computer viruses or malicious code capable of disrupting the operation of the Service or associated websites. You may not use fake email addresses, impersonate other individuals or otherwise mislead us or third parties as to the source of Feedback. You bear full responsibility for all Feedback you submit and its accuracy. We accept no liability for any Feedback posted by you or third-party users.
Clause 12 – Errors, Inaccuracies and Omissions
Information published on the Service may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery timelines and stock availability. If any information is found to be incorrect, we reserve the right to rectify all errors, inaccuracies and omissions, update content or cancel orders without prior notice, including after you have submitted your order.
Clause 13 – Prohibited Uses
You may access and use the Service only for lawful purposes. You must not utilise the Service for any of the following: (a) any unlawful or malicious activity; (b) contravention of any international, national, regional or local statutes, regulations or ordinances; (c) infringement of our intellectual property rights or those of third parties; (d) harassment, abuse, insult, harm, defamation, denigration, intimidation or injury towards our staff or any other person; (e) transmission of false or misleading information; (f) uploading, downloading, storing or distributing content that breaches these Terms; (g) distributing unsolicited advertising or promotional material including spam, chain letters, junk mail or similar solicitation; (h) impersonating any individual or legal entity; (i) engaging in conduct that restricts or impairs any other user’s enjoyment of the Service, or activity which we reasonably determine may expose TUSSAIA, Shopify or other Service users to liability or harm.
Additionally, you agree not to: (a) upload or transmit viruses or any malicious code designed to disrupt Service functionality; (b) reproduce, copy, scrape, extract, sell, resell or exploit any portion of the Service; (c) collect or harvest other users’ personal data; (d) conduct spam, phishing, clickjacking or spoofing attacks targeting the Service; (e) access the Service via bots, crawlers, scrapers, automated scripts, AI agents or any automated or manual scraping tools; (f) interfere with, bypass or circumvent security, authentication, robot exclusion headers or other access control measures implemented to restrict Service entry.
If we determine you have breached any provision of these Terms, we reserve the right to suspend, disable or terminate your account immediately without prior notification.
Clause 14 – Automated Agents
14.1 Scope
This section (“Agent Terms”) applies if you deploy, permit, enable or cause any automated agent to access, use or interact with the Service. An “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of an individual or entity, without continuous direct human oversight.
14.2 Agent Conduct Restrictions
No Agent may access or interact with the Service unless it continuously identifies itself and operates in full compliance with Clause 14.4 below. We may also block any Agent from accessing the Service upon our request.
14.3 Agent Access Controls
We may implement technical restrictions governing whether and how Agents may access and interact with the Service.
14.4 Mandatory Agent Requirements
All Agents must: (i) Disclose automated origin in all HTTP/HTTPS requests by including the identifier Agent/[agent name] within the user-agent string; (ii) Not conceal or disguise automated activity by mimicking human browsing patterns or bypassing CAPTCHA and anti-bot verification systems; (iii) Respond truthfully to all human/automated verification prompts; (iv) Not evade any technical measures deployed to block, limit or regulate Agent access to the Service.
Clause 15 – Termination
We may terminate this Agreement or your access to the Service (or any part thereof) at any time at our sole discretion without advance notice. You remain liable for all outstanding charges accrued up to and including the termination date.
The following clauses shall survive termination: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and all provisions intended by their nature to remain in force post-termination.
Clause 16 – Disclaimer of Warranties
All information displayed or delivered via the Service is provided for general reference only. We make no guarantee as to its accuracy, completeness or fitness for any purpose. Your reliance on such information is entirely at your own risk, and we disclaim all liability arising from reliance placed on Service content by you or any third party.
Save for express representations made by TUSSAIA, the Service and all goods supplied via the platform are provided “as available” without any express or implied representations, warranties or conditions, including all implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not warrant that your use of the Service will be uninterrupted, timely, secure or error-free. Certain jurisdictions prohibit the exclusion of implied warranties, so this disclaimer may not apply to you in full.
Clause 17 – Limitation of Liability
To the fullest extent permitted by applicable law, TUSSAIA, our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, together with equivalent personnel of Shopify and its affiliates, shall not be liable for any claims arising from your use of the Service or goods purchased through the Service, including without limitation errors or omissions in content, or any loss, damage or injury of any kind (direct, indirect, incidental, punitive, special or consequential) arising from Service content or products, including lost profits, lost revenue, lost savings, data loss, replacement costs or comparable economic harm, whether arising under contract, tort (including negligence), strict liability or other legal grounds, even where advised of the possibility of such damages in advance.
Clause 18 – Indemnification
You agree to indemnify, defend and hold harmless TUSSAIA, Shopify and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against all losses, damages, liabilities, claims and reasonable legal fees payable to third parties arising from: (1) your breach of these Terms of Service or any policy incorporated by reference; (2) your violation of applicable law or infringement of third-party rights; (3) your access to and use of the Service.
We will notify you of any indemnifiable claim; delayed notification shall not release your indemnity obligations unless you suffer material prejudice as a direct result. We reserve the right to control the defence and settlement of such claims (including selection of legal counsel) at your cost, provided we shall not settle any claim imposing non-monetary obligations without your consent (which you may not unreasonably withhold). You shall fully cooperate with the defence of indemnified claims and provide all relevant documentation upon request.
Clause 19 – Severability
If any provision of these Terms of Service is held unlawful, invalid or unenforceable, that provision shall be enforced to the maximum permissible extent under applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such ruling shall not affect the validity and enforceability of all remaining clauses.
Clause 20 – Waiver; Entire Agreement
Failure by us to exercise or enforce any right or provision under these Terms shall not constitute a waiver of that right or clause.
These Terms of Service together with all policies and operational rules published on our website relating to the Service constitute the entire agreement and understanding between you and us governing your use of the Service, superseding all prior or contemporaneous oral or written agreements, communications and proposals between the parties (including earlier versions of these Terms). Any ambiguity within these Terms of Service shall not be construed against the drafting party.
Clause 21 – Assignment
You may not delegate, assign or transfer this Agreement or any rights or obligations created under these Terms without our prior written consent; any purported assignment without approval shall be null and void. We may assign, transfer or delegate these Terms and all our associated rights and obligations without notification or your consent.
Clause 22 – Governing Law
These Terms of Service and all separate agreements under which we supply the Service to you shall be governed by and construed in accordance with the laws of the jurisdiction where TUSSAIA’s headquarters is located. You and TUSSAIA consent to the exclusive personal jurisdiction of the courts of that jurisdiction.
Clause 23 – Headings
Section headings used within this Agreement are for reference convenience only and shall not limit or alter the interpretation of these Terms.
Clause 24 – Amendments to Terms of Service
You may review the current version of these Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service at our sole discretion; all revisions will be published on our website. It is your responsibility to regularly check our site for amendments. We will notify you of material changes to these Terms as required by applicable legislation, and revisions shall take effect on the date specified in the notification. Your continued access or use of the Service following publication of any amendments constitutes acceptance of the updated Terms.
Clause 25 – Contact Information
For any enquiries regarding these Terms of Service, please email hk.tussaia@gmail.com.
Our full contact details are set out below: FORYESS GLOBAL LIMITED
hk.tussaia@gmail.com
+852 9828 8474