TERMS OF SERVICE
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OVERVIEW
This
website is operated by
Youwinforus.
Our registered address is
.
Throughout the site, the terms “we”, “us” and “our” refer to
Youwinforus.
Youwinforus offers this website,
including all information, tools and services available from this site
to you, the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By visiting
our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions
(“Terms of Service”, “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site,
including without limitation users who are browsers, vendors,
customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before
accessing or using our website. By accessing or using any part of the
site, you agree to be bound by these Terms of Service. If you do not
agree to all the terms and conditions of this agreement, then you may
not access the website or use any services. If these Terms of Service
are considered an offer, acceptance is expressly limited to these
Terms of Service.
Any new features or tools which are added
to the current store shall also be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any
time on this page. We reserve the right to update, change or replace
any part of these Terms of Service by posting updates and/or changes
to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the
website following the posting of any changes constitutes acceptance of
those changes.
Our store is hosted on Shopify Inc. They
provide us with the online e-commerce platform that allows us to sell
our products and services to you.
SECTION 1 - ONLINE STORE
TERMS
By agreeing to these Terms of Service, you represent
that you are at least the age of majority in your state or province of
residence, or that you are the age of majority in your state or
province of residence and you have given us your consent to allow any
of your minor dependents to use this site.
You may not use our
products for any illegal or unauthorized purpose nor may you, in the
use of the Service, violate any laws in your jurisdiction (including
but not limited to copyright laws).
You must not transmit any
worms or viruses or any code of a destructive nature.
A breach or
violation of any of the Terms will result in an immediate termination
of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any
reason at any time.
You understand that your content (not
including credit card information), may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or
devices. Credit card information is always encrypted during transfer
over networks.
You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Service, use of the Service, or
access to the Service or any contact on the website through which the
service is provided, without express written permission by us.
The
headings used in this agreement are included for convenience only and
will not limit or otherwise affect these Terms.
SECTION 3 -
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are
not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided
for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.
This
site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this
site at any time, but we have no obligation to update any information
on our site. You agree that it is your responsibility to monitor
changes to our site.
SECTION 4 - MODIFICATIONS TO THE
SERVICE AND PRICES
Prices for our products are subject to
change without notice.
We reserve the right at any time to modify
or discontinue the Service (or any part or content thereof) without
notice at any time.
We shall not be liable to you or to any
third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 5 - PRODUCTS OR
SERVICES (if applicable)
Certain products or services may
be available exclusively online through the website. These products or
services may have limited quantities and are subject to return or
exchange only according to our Return Policy.
We have made every
effort to display as accurately as possible the colors and images of
our products that appear at the store. We cannot guarantee that your
computer monitor's display of any color will be accurate.
We
reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the
right to limit the quantities of any products or services that we
offer. All descriptions of products or product pricing are subject to
change at anytime without notice, at the sole discretion of us. We
reserve the right to discontinue any product at any time. Any offer
for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you
will meet your expectations, or that any errors in the Service will be
corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT
INFORMATION
We reserve the right to refuse any order you
place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order. These
restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or
cancel an order, we may attempt to notify you by contacting the e-mail
and/or billing address provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate
purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information,
including your email address and credit card numbers and expiration
dates, so that we can complete your transactions and contact you as
needed.
For more detail, please review our Returns
Policy.
SECTION 7 - OPTIONAL TOOLS
We may
provide you with access to third-party tools over which we neither
monitor nor have any control nor input.
You acknowledge and agree
that we provide access to such tools ”as is” and “as available”
without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising
from or relating to your use of optional third-party tools.
Any
use by you of optional tools offered through the site is entirely at
your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by
the relevant third-party provider(s).
We may also, in the future,
offer new services and/or features through the website (including, the
release of new tools and resources). Such new features and/or services
shall also be subject to these Terms of Service.
SECTION 8
- THIRD-PARTY LINKS
Certain content, products and services
available via our Service may include materials from third-parties.
Third-party
links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating
the content or accuracy and we do not warrant and will not have any
liability or responsibility for any third-party materials or websites,
or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites. Please
review carefully the third-party's policies and practices and make
sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third-party.
SECTION 9
- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our
request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you
agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion are unlawful,
offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property
or these Terms of Service.
You agree that your comments will not
violate any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or
otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the
operation of the Service or any related website. You may not use a
false e-mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any
comments. You are solely responsible for any comments you make and
their accuracy. We take no responsibility and assume no liability for
any comments posted by you or any third-party.
SECTION 10 -
PERSONAL INFORMATION
Your submission of personal
information through the store is governed by our Privacy Policy. To
view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES
AND OMISSIONS
Occasionally there may be information on our
site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times
and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including
after you have submitted your order).
We undertake no obligation
to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied
in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been
modified or updated.
SECTION 12 - PROHIBITED USES
In
addition to other prohibitions as set forth in the Terms of Service,
you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in
any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d)
to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult,
harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the functionality
or operation of the Service or of any related website, other websites,
or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related
website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating
any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We
do not guarantee, represent or warrant that your use of our service
will be uninterrupted, timely, secure or error-free.
We do not
warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time
to time we may remove the service for indefinite periods of time or
cancel the service at any time, without notice to you.
You
expressly agree that your use of, or inability to use, the service is
at your sole risk. The service and all products and services delivered
to you through the service are (except as expressly stated by us)
provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express
or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no case
shall
Youwinforus, our directors,
officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special,
or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from
your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind incurred
as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even
if advised of their possibility. Because some states or jurisdictions
do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions,
our liability shall be limited to the maximum extent permitted by
law.
SECTION 14 - INDEMNIFICATION
You agree to
indemnify, defend and hold harmless
Youwinforus and our parent,
subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising
out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights
of a third-party.
SECTION 15 - SEVERABILITY
In
the event that any provision of these Terms of Service is determined
to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining
provisions.
SECTION 16 - TERMINATION
The
obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for
all purposes.
These Terms of Service are effective unless and
until terminated by either you or us. You may terminate these Terms of
Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole
judgment you fail, or we suspect that you have failed, to comply with
any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable
for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part
thereof).
SECTION 17 - ENTIRE AGREEMENT
The
failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or
provision.
These Terms of Service and any policies or operating
rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us
and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral
or written, between you and us (including, but not limited to, any
prior versions of the Terms of Service).
Any ambiguities in the
interpretation of these Terms of Service shall not be construed
against the drafting party.
SECTION 18 - GOVERNING LAW
These
Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the
laws of
HK.
SECTION 19 - CHANGES TO TERMS OF
SERVICE
You can review the most current version of the
Terms of Service at any time at this page.
We reserve the right,
at our sole discretion, to update, change or replace any part of these
Terms of Service by posting updates and changes to our website. It is
your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
SECTION 20 -
CONTACT INFORMATION
Questions about the Terms of Service
should be sent to us at
[email protected].