Terms of Use

(Last updated: 25 July, 2022)

First Model Limited trading as Cova Hong Kong (“FML”), is an approved operator of “COVA” in the Hong Kong Special Administrative Region of the People’s Republic of China. “COVA” is a registered trademark of Pasticceria Confetteria Cova s.r.l., Milano, Italy” and FML is a licensee of the Cova trademark.

We welcome you to use http://www.cova.com.hk (“Website”), our facebook fans page, Instagram, social media platform page and/or mobile application (collectively or individually the “Platform”/“Service").

In these terms of use of the Platform (“Terms of Use”/"the Agreement), “COVA”, “FML,” “we,” “us”, and “our” refer collectively to First Model Limited, and its respective subsidiaries and affiliates. “You,” “your” and “user” refer to any person and/or entity that accesses the Platform for any reason.

Please read these Terms of Use carefully before accessing and using any materials contained on the Platform. By (a) accessing or use any part of the Platform, or (b) registering as a user or use the Service or utilize the Platform to order products from us, you accept and agree to be bound by these Terms of Use. If you are unwilling to be bound by these Terms of Use, please do not use the Platform. If you complete any form via the Platform and press the button 'submit', 'confirm', 'save' or 'add', it indicates that you have read and understood the Terms of Use and confirm that you agree to be bound by these Terms of Use.

Update and modification

We reserve the right to update, change or modify the contents of the Platform at any time and have the right to unilaterally change any provision of the Terms of Use without notification. You should regularly visit the Platform to find out whether these Terms of Use that are binding on you have been revised, as your continued use of the Platform indicates your acceptance of any change to the Terms of Use (unless we are required to obtain your specific prior consent in accordance with relevant laws). No modification will be made by the Terms of Use to vary the terms and conditions governing the purchase, sale and supply of products or services agreed between COVA and you.

1. Platform Services

1.1 We provide news, product description, products information and prices, online shopping, order check concerning COVA products, including [network of COVA stores in Hong Kong] and our contact details. We will periodically update the information we provide in the Platform.

1.2 We reserve the right to change the terms and conditions for ordering at any time and from time to time.

1.3 All products’ information and prices will be subject to confirmation of order by us.

1.4 If there is any conflict between the Terms of Use and terms and conditions governing the purchase, sale and supply of products or services then the latter shall prevail.

2. Conditions of Use

2.1 All the information contained within the Platform is for reference, interactive communication and for the on-line ordering to purchase our products and services only. It is for user’s personal use only and must not be used for commercial purposes.

2.2 You agree to use the Platform and its contents (including the services we offered) in a manner which does not infringe the rights of, or restrict or inhibit the access or use of the Platform its contents and such Services by any third party. Such restriction or inhibition includes: any disturbing, threatening, violent, immoral, pornographic and defamatory statement, engaging in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person or disruption of normal follow of dialogue and/or interactive mode via the Platform.

2.3 The contents of the Platform, including (but not limited to) text, diagrams, images, music, symbols, graphic button, links, HTML code, trade mark, software and other materials and all the materials of the Platform (including the collection, arrangement, and compilation of such materials) (collectively “Materials”) are protected by copyright law, trade mark law, intellectual property right laws and other applicable laws. All Materials are the exclusive property of FML, our licensors, and supplier of the Platform and their clients (as the case may be). Any unauthorised use of any Materials is an infringing act under the copyright law, the trade mark law, intellectual property right laws and/or other applicable laws.

2.4 You agree, you will not, and will not allow third parties on your behalf to:

(i) make and distribute copies or in any way, reproduce, disseminate, announce, spread, revise, display, reconstruct, amend, modify, reverse engineer, decompile, reverse coding, transmit, exchange, translate or sell any of the content of the Materials, any part of the Platform or any of the products described in the Platform, or prepare any derivative works based on them, or use such works, or

(ii) perform or attempt to perform any aforementioned act; or

(iii) create derivative works of any kind whatsoever.

2.5 You will not, for any public or commercial purpose, sell, alter, revise, modify any part of the Materials, copy, reproduce, re-issue, upload, download, publish, transmit, display, distribute or disseminate, publicly implement, issue the Materials in any way, store the Materials in the retrieval system or use it in any other way.

2.6 You agree to indemnify us from and against any breach of any Terms of Use or any unauthorised use of any part of the Platform, the Materials and/or any content of the Platform by you (directly or indirectly). You agree to defend us and hold us harmless from and against any action damage and losses arising from or attributable to your unauthorized use of the Platform, any Material and any content from the Platform. You agree that your unauthorized use of any part of the Platform, any Material or any contents of the Platform may result in irreparable damage to us and in the event of your unauthorised use, we have the right to apply for a restraining order in addition to any other remedies under common law or equity.

2.7 The provisions in Clause 2 of the Terms and Conditions will survive the termination or expiration of the agreement between you and COVA and/or your use of the Platform or services.
3. Personal Information Collection Statement

3.1 When you use the Platform, you may have to provide to COVA your or third party’s personal information (including but not limited to your name, gender, age range, contact details and email address) ("Data"). You agree to provide us such information voluntarily. Where the personal information relates to a third party, you confirm that you have obtained such information legally and the consent of such third party for so providing the Data to us; furthermore, such third party agrees to these Terms of Use.

3.2 If the information you provided is incomplete or incorrect, we will be unable to register you or provide or continue to provide related services to you, or may not allow you to access or may discontinue your use of the Platform or the services we offer. You assure us that the information you provide us is correct, truthful, valid and complete. Otherwise, we have the right, without notice, to cancel your registration and qualification and/or refuse to allow you to access and use the Platform or its services at the present time or in the future. For details of Personal Information Collection Statement, please refer to the applicable First Model Limited Privacy Policy Statement, a copy of which can be accessed by clicking here Our Privacy Policy forms part of these Terms of Use.

4. Promotional activities

We may carry out promotional activities on the Platform from time to time. If the promotional activity involves winning or accumulating points or other rewards, separate terms and conditions will apply. In addition, our records will be conclusive for points accumulated or rewards conferred and you agree that our decision is final.

5. Underage persons

5.1 If you are under eighteen (18) or considered as underage by law, or do not have the ability to make a contract or are unable to bear any legal responsibility in accordance with applicable law, you should not provide any personal information via the Platform or use the Platform because legal obligation or responsibility may arise as a result of your use of the Platform. If you want to access use or browse the Platform, you must obtain the opinion and approval of your parent or guardian regarding the implications of these Terms of Use and the consequences that entail. We assume that all users of the Platform are of legal age. We are not obliged to check your age but if it is found that any user is underage, we reserve the right to take action against such user or his/her parents/guardian including but not limited to refusing access to the Platform by user and to hold such user and/or his/her parents/guardian fully liable for all losses and damages suffered and legal costs incurred.
5.2 You agree to abide by all applicable laws, the Terms of Use and any other usage rules and terms and conditions applicable to the content of the Platform and the service we offered on the Platform and, as amended from time to time.

6. Legal use of the Platform

6.1 You agree to abide by all applicable laws, the Terms of Use and any other usage rules and terms and conditions applicable to the content of the Platform and the service we offered on the Platform and, as amended from time to time.

6.2 You agree that any person who uses the Platform, its contents and our services registered under your name (whether or not approved by you) shall be deemed to be your use of the Platform, its contents and the services.

6.3 You can only use Platform for legal purposes and cannot use the Platform to, in any way, infringe the intellectual property rights of any other person or invade the privacy of other users or acquire their identities or any other personal details. You shall not gain or attempt to gain unauthorized access to the server or computer on which the Platform is stored or any server computer or database connected to the Platform or damage any part of the Platform or Materials and/or products provided in the Platform. You have the responsibility to judge whether any of your actions will give rise to the infringement invasion unauthorized access use or damage as described above.

6.4 You shall not, in any way, change any Materials or any content of the Platform or and shall not interfere with the operation of the Platform in any way, including but not limited to, transmitting software viruses or transmitting any computer code or message designed to interrupt interfere with or change the operation of the Platform. You shall also not use the Platform or other method to collect the details of other users. Without express and specific permission from us and our licensors, the Platform or any part thereof shall not be reproduced, copied, printed.

7. Warranties, Disclaimers, and Limitation of liability

7.1 No Warranty :

(i) We provide the platform including online ordering services to the user on an "as is" and "as available" basis without warranty of any kind (whether express or implied), and the user is using the platform including the online ordering services at his or her own risk.

(ii) There may be incorrect material or typesetting errors in the Platform. We do not give any or non-expressed guarantee and do not guarantee the correctness, reliability, completeness, adequacy or timeliness of any information or material of the Platform. We do not accept any liability for the contents of other website whether linked through the Platform or not or anything uploaded on the Platform or linked to the Platform, including but not limited to any fallacies, errors, omissions, infringements, libel, lies or any other material or omission that is likely to be illegal, or may be offence or inappropriate to some people, or gives rise to a claim or complaint. We have no control over any third party websites linked to the Platform and we are not responsible for the content or accuracy of such links (including without limitation sites linked through advertisements). The content of the Platform and the other aforementioned website are SUBJECT to change at any time or periodically, so please check related materials regularly. You agree that we will not be liable in any way for any loss or damage of any sort incurred or alleged to have incurred directly or indirectly for the use of the Platform or its link or any consequence resulting therefrom. You are solely responsible for any consequence resulting from use of the Platform or its link and you agree to access those link at your own risks.

(iii) We do not guarantee the following: the Platform will be totally free of errors now and in the future, the Platform and its server will always be free of computer viruses or other harmful function, that any shortcoming or defect will be corrected, the use of the Platform will achieve any particular result or the Platform is timely, safe and will not be interrupted or discontinued. If your use of any Materials or the Platform results in the need to repair renew or replace any equipment, software or data, we accept no liability therefor whatsoever.

7.2 Disclaimer : To the fullest extent allowable under applicable law, we disclaim all representations and warranties of any kind, whether express or implied by statute, common law, trade usage, or otherwise, including any warranty of title, any warranties that the platform including the online ordering services are merchantable, of reasonable standard, reliable, available, accurate, fit for a particular purpose or need, or of satisfactory quality, non-infringing or free of defects or viruses, or able to operate on an uninterrupted basis, or that the use of the online ordering services by the user is in compliance with laws applicable to the user, or that the user information transmitted via the platform including the online ordering will be successfully, accurately or securely transmitted or received, or that order will be as placed or ready at the suggested time, or that any particular item ordered will be available. We reserve the right to withdraw the online ordering services at any time and for any reason.

7.3 No Liability : Neither COVA, nor any COVA’s affiliated companies, associated companies, parent company, licensors, and our/their directors, officers, employees agents, representatives, and service providers, joint brand owners, and other partners (collectively, “COVA Related Party”) shall be liable in any way for any direct, indirect, special, incidental, consequential, or exemplary damages (whether of an economic nature or not) or injury of whatever nature, arising (directly or indirectly) from your accessing and use of or inability to use the Platform (including the on-line ordering services), your reliance on any information or materials on the Platform, implementation failure, error, omission, interruption, discontinuation, deletion, defect, delay in operation or transmission, computer virus, communication malfunction, interception of communication, soft or hard ware problem (including but not limited to loss of data or compatibility problem), theft or resulting from any damage or change to the Platform or Materials (whether or not a result of any access and use of any part of the Platform) or the uploading or downloading of Platform data, text, images or other materials or information, or for any other claim related in any way to your use of the Platform (including our on-line ordering service). To the fullest extent permitted by law, these exclusions for indirect, special, consequential, and exemplary damages or injury include, without limitation, damages for loss of revenue, (direct or indirect), loss of profits, loss of data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses whether based in law, breach of statutory duties, contract, torts, equity or otherwise, even if you or your agent have informed COVA and/or any COVA Related Party of the possibility thereof. We and any third party mentioned on the Platform shall not bear any liability in respect thereof as far as it is permitted under the applicable laws.

7.4 Limitation of liability : Unless otherwise stated, and to the fullest extent allowed by law, any claims against us by you shall be limited to the aggregate amounts you have actually paid and/or due form you in respect of the relevant order and, where applicable, shall be limited to the relevant period during which you utilize the Platform including our on-line ordering service which gives rise to such claims.

7.5 Clause 7 of the Terms of Use will survive the termination or expiration of the relevant agreement made between COVA and you, and/or your use of our services.

8 Indemnity

8.1 In the event of any action, demand, proceeding, claim, liability, damages, compensation, injury, debt, loss, expert fees, costs and expenditure (including reasonable legal costs and expenses) arising from the user’s breach of any of these Terms of Use or any illegal behavior, you agree to indemnify and hold harmless COVA and any COVA Related Party in full from and against all loss and damages incurred and/or suffered by any of them, including without limitation to legal costs and expense arising or incidental therefrom.

8.2 Clause 8 of the Terms of Use will survive the termination or expiration of this Agreement and/or your use of the Service.

9. Severability

If any provision in Terms of Use being held invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions of Terms of Use shall not be affected in any respect.

10. Force Majeure

10.1 We will not be liable to you by reason of any failure or delay in the performance of our obligations hereunder on account of a Force Majeure Event. Upon the occurrence of a Force Majeure event, we are not obliged to further performance of our obligations for so long as the Force Majeure event continues, and for such further period of time that we may reasonably require to recover from the effects of such Force Majeure event.

10.2 For the purpose of these Terms of Use, “Force Majeure Event’ means any circumstance not in a party’s reasonable control which may include, without limitation, acts of God, flood, drought, earthquake, storm, or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion, unrest or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; chemical, nuclear, or biological contamination, or sonic boom; any law or any action taken by a government or public authority, including the imposition of quarantine, export or import restriction, quota, lock down, or prohibition, or failing to grant a necessary licence or consent; subsidence, fallen tree, collapse of building, fire, explosion, or accident; any labour or trade dispute, strike, industrial action or lockout, material shortages, non-performance by supplier(s) or sub-contractor(s); failure of the Internet or extraordinary connectivity issues experienced by telecommunications providers, interruption or failure of utility service.

11. Others

11.1 In case of any dispute, our decision shall be final and enforceable and binding against you.

11.2 No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

11.3 Our failure or delay in exercising any right or power under Terms of Use shall not in any circumstances impair any right or power nor operate as a waiver of it.

11.4 We may appoint agents, assign transfer or sub-contract the whole or any part of our rights and/or obligations these Terms of Use to any person or entity at any time. You shall not assign, transfer, convey or otherwise dispose of any of your rights, obligations and/or liabilities under these Terms of Use to any person or entity without our prior written consent.

11.5 All notices and other communications hereunder which we give to you will be in such form and manner as we deem it is appropriate and it shall be deemed to have been duly given when sent, if transmitted by electronic mail, mobile short message (SMS), whatsapp or facsimile transmission; on the day on the Website/Platform; on the third business day following mailing, if mailed to your address last notified to us.
12. Interpretation

12.1 If any single provision or number of provisions in these Terms of Use, or any one or number of provision of these provisions and conditions when cited, in any situation, is in any respect, for any reason, judged to be invalid, illegal or unenforceable, the effectiveness, legality and enforceability of the provision or condition in any other respect, and the effectiveness, legality or enforceability of the remaining provisions of these provisions and conditions, will not be affected in any respect to the full extent as the law permts.

12.2 Clause headings and examples are provided for reference purposes only to assist in understanding these Terms of Use. They are not intended to define, or limit the scope or extent of any clause.

12.3 Unless the context requires otherwise, words in the singular shall contain the plural and words in the plural shall contain the singular. Whereas a reference to one gender should include a reference to the other gender. An individual includes a natural person, a body corporate or an unincorporated body (whether or not a separate legal person).

12.4 Any words or words quoted after 'including', 'in particular', 'such as' or any similar expression shall be construed as illustrative only and shall not limit the description of the terms of the terms, definitions or meaning.

13. Prevailing language

In the event of a dispute as to the Terms of Use, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.

14. Governing law

These terms shall be governed and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and be governed by Hong Kong laws. You agree to submit to the exclusive jurisdiction of Hong Kong courts for any disagreement, dispute or claim between us and you.

15. Third Party Contract Rights

No third party shall have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any provisions of these Terms of Use.
16. Contact

If you wish to contact us for matters regarding this website or these Terms of Use, please send your written request to the following address:
Email: info@cova.com.hk

Address: First Model Limited

18/F, No.17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong