Terms of Use
Terms of Use
This website, including any related mobile version or online functionality made available through it (the "Website"), is operated by Hong Kong Dongjin Technology Co., Limited (the "Company"). These Terms of Use govern your access to and use of the Website. Purchases made through the Website are also subject to the applicable Terms of Purchase and other policies made available on the Website. Our handling of personal information is governed by our Privacy Policy.
Throughout these Terms of Use, the terms "we", "us" and "our" refer to the Company. By accessing, browsing or otherwise using the Website, you acknowledge that you have read, understood and agreed to these Terms of Use. If you do not agree with these Terms of Use, you should discontinue your use of the Website.
PLEASE REVIEW THESE TERMS OF USE, TOGETHER WITH OUR PRIVACY POLICY, TERMS OF PURCHASE AND ANY OTHER POLICIES THAT APPLY TO YOUR USE OF THE WEBSITE. YOUR CONTINUED ACCESS TO OR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, INCLUDING THE DISPUTE RESOLUTION PROVISIONS SET OUT BELOW.
Data Integrity
When you provide information through the Website or otherwise communicate information to us, you are responsible for ensuring that the information is accurate, complete and current to the best of your knowledge. Where appropriate, you should update information that becomes inaccurate or outdated.
Privacy Policy
Our Privacy Policy explains how personal information collected through the Website or through communications with us may be collected, used, stored, disclosed and otherwise processed. By using the Website, you acknowledge that personal information may be handled in accordance with the Privacy Policy made available through swhyu.com.
License and Site Access
The Website and the materials made available through it, including text, page layouts, graphics, logos, icons, images, audio or visual materials, downloads, interfaces, software, code and the selection and arrangement of such materials, may be owned by the Company, its licensors, content providers or other applicable rights holders and may be protected by copyright, trademark and other intellectual property laws.
Subject to these Terms of Use, you are granted a limited, personal, non-exclusive and revocable right to access and use the Website for lawful, non-commercial purposes. Unless otherwise expressly permitted, you may view or print Website content for your personal use provided that you do not remove or alter any proprietary notice. This permission does not transfer any ownership rights in Website content to you.
Without prior authorization from the applicable rights holder, you must not:
- copy, download or use Website content for a competing commercial purpose or for the benefit of another commercial provider;
- frame, mirror, reproduce or create unauthorized links to Website content in a manner that misrepresents its source;
- modify, distribute, transmit, publish, broadcast, license, sell, reverse engineer or create derivative works from Website content except where permitted by applicable law;
- upload, transmit or introduce viruses, malicious software, harmful code or other materials intended to damage, interfere with or disrupt the Website or another system;
- use scraping tools, robots, automated extraction tools or similar technologies to obtain Website information in an unauthorized manner; or
- take any action that places an unreasonable burden on, damages, disrupts or interferes with the operation, security or availability of the Website.
You are responsible for obtaining the equipment, internet connection and other services necessary to access the Website. Any charges imposed by internet, telecommunications or other third-party service providers are your responsibility.
You must not circumvent or attempt to circumvent technical or security measures intended to restrict access to any part of the Website. Unauthorized use may result in suspension or termination of your access and may also give rise to other remedies available under applicable law.
We may restrict, suspend or terminate access to the Website where reasonably necessary, including where these Terms of Use have been violated, the Website has been misused, or continued access may interfere with the Website, its users or the rights of another person. Any such action does not affect other rights or remedies available to the Company.
Content You Submit
If the Website allows you to submit reviews, messages, photographs, comments, feedback or other content, you remain responsible for the material you provide and for ensuring that you have the rights necessary to submit it.
You must not submit content that is unlawful, fraudulent, defamatory, threatening, abusive, obscene, hateful, discriminatory, misleading or otherwise objectionable, or content that infringes another person's copyright, trademark, privacy, publicity or other legal rights.
You must not impersonate another person or entity, use false identifying information, misrepresent the source of content or otherwise attempt to mislead us or other Website users regarding your identity or the origin of submitted material.
Except for personal information governed by our Privacy Policy, content that you voluntarily submit for publication or display through the Website may be used by the Company to operate, maintain, display and provide the Website and its related functions. To the extent necessary for those purposes, you grant the Company a non-exclusive, worldwide and royalty-free license to reproduce, display, adapt, distribute and otherwise use such submitted content. You represent that you have sufficient rights to grant this permission.
Links
The Website may contain links to websites, platforms or resources operated by third parties. Such links may be provided for convenience or informational purposes. Unless expressly stated otherwise, the presence of a third-party link does not mean that the Company controls, endorses or assumes responsibility for that third party or its content, products, services or practices.
Your use of third-party websites or services is subject to the terms, privacy practices and policies established by those third parties. To the extent permitted by applicable law, the Company is not responsible for losses or damages arising from your independent use of or reliance on third-party websites, resources, products or services.
DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT WHERE EXPRESSLY STATED OTHERWISE IN THESE TERMS OF USE, THE TERMS OF PURCHASE OR ANOTHER APPLICABLE POLICY, THE WEBSITE AND ITS CONTENT ARE PROVIDED WITHOUT EXPRESS OR IMPLIED WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER CONDITIONS THAT MAY OTHERWISE ARISE BY LAW, COURSE OF DEALING OR COURSE OF PERFORMANCE.
THE WEBSITE AND THE INFORMATION, MATERIALS AND FUNCTIONS MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT WARRANT THAT ACCESS WILL ALWAYS BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT EVERY DEFECT WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SYSTEMS THROUGH WHICH IT IS PROVIDED WILL BE FREE FROM HARMFUL COMPONENTS.
You are responsible for evaluating information made available through the Website before relying on it. Any downloading or use of Website materials is undertaken at your own discretion and subject to applicable law.
Some jurisdictions do not permit certain exclusions or limitations of warranties. Where such rules apply, the exclusions above apply only to the extent legally permitted.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND CONTENT PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF THE WEBSITE, YOUR INABILITY TO ACCESS THE WEBSITE, YOUR RELIANCE ON WEBSITE CONTENT, THIRD-PARTY LINKS OR RESOURCES, OR THE MODIFICATION, INTERRUPTION OR DISCONTINUATION OF WEBSITE FUNCTIONS.
Nothing in these Terms of Use is intended to exclude, restrict or modify any right, remedy, guarantee or liability that cannot lawfully be excluded or limited under applicable consumer protection or other mandatory laws.
Where applicable law permits limitations on claims arising from use of the Website, any such claim must be brought within one (1) year after the relevant cause of action arose. This limitation does not apply where applicable law provides that such a period cannot lawfully be shortened.
Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless the Company and its relevant service providers, licensors, suppliers and representatives from claims, liabilities, losses, penalties, damages and reasonable costs arising from your material breach of these Terms of Use, your unlawful use of the Website, your infringement of another person's rights, or fraud, intentional misconduct or gross negligence attributable to you.
Electronic Communications
When you communicate with us electronically or use Website functions that involve electronic communications, you consent to receiving communications relating to those interactions electronically where permitted by law. Electronic communications may include emails or notices displayed through the Website.
You agree that electronic agreements, notices, disclosures and communications may satisfy requirements that such communications be provided in writing, except where applicable law requires another form of notice.
Site Postings
Where the Website provides functionality that allows users to post or submit content, we are not required to pre-screen every submission. We may review, moderate, restrict, refuse to publish or remove submitted material where reasonably necessary to administer the Website, enforce these Terms of Use, protect users or comply with applicable law.
Trademarks and Copyrights
Names, logos, trademarks, service marks, designs and other brand identifiers appearing on the Website may belong to the Company, its licensors or other rights holders. Nothing on the Website grants you a right to use such intellectual property except as expressly permitted by these Terms of Use or by the applicable rights holder.
You must not use Website content, trademarks or other proprietary material in framing, meta-tags, hidden text or similar techniques in a manner that suggests an unauthorized affiliation, endorsement or commercial relationship.
Claims of Intellectual Property Infringement
We respect the intellectual property rights of others. If you believe that material available through the Website infringes copyright or another intellectual property right that you own or are authorized to enforce, you may send us a written notice containing sufficient information for us to evaluate the claim.
Your notice should include, where applicable:
- your physical or electronic signature, or the signature of a person authorized to act for the rights holder;
- identification of the copyrighted work or other intellectual property that you believe has been infringed;
- identification and location of the material you believe is infringing;
- your contact information;
- a statement explaining why you believe the disputed use is not authorized by the rights holder, its agent or applicable law; and
- a statement that the information supplied in your notice is accurate and that you are the rights holder or are authorized to act on behalf of the rights holder.
Intellectual property notices may be sent by email to:
Survival of Terms After Termination
Any provisions of these Terms of Use that by their nature are intended to continue after suspension, termination or expiration of your use of the Website will remain effective to the extent permitted by applicable law.
Force Majeure
To the extent permitted by applicable law, the Company will not be responsible for a failure or delay in performing obligations under these Terms of Use or applicable purchase terms where the failure or delay results from circumstances beyond the Company's reasonable control, including natural events, severe weather, war, terrorism, civil disturbance, government restrictions, quarantine, embargo, labour disruption, transportation interruption or similar events outside the Company's reasonable control.
Risk of Loss
Products purchased through the Website may be delivered using third-party transportation or delivery services. Unless mandatory consumer law provides otherwise, risk of loss and title to shipped products pass in accordance with the applicable shipping contract and the purchase terms governing the relevant order.
Dispute Resolution
To the extent permitted by applicable law, any dispute, controversy, difference or claim arising out of or relating to these Terms of Use, including questions concerning their existence, validity, interpretation, performance, breach or termination, or any related non-contractual obligation, shall be referred to and finally resolved by arbitration under the UNCITRAL Arbitration Rules in force when the notice of arbitration is submitted.
The law applicable to the arbitration agreement shall be the law of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). The seat of arbitration shall be Hong Kong. The arbitration shall be conducted by one arbitrator appointed by the Hong Kong International Arbitration Centre and shall be conducted in English.
General
If any provision of these Terms of Use is found by a competent authority to be invalid, unlawful or unenforceable, that provision shall be interpreted or limited to the extent necessary to make it enforceable where possible, and the remaining provisions shall continue in effect.
Headings are included for convenience and do not affect interpretation. To the extent permitted by mandatory applicable law, these Terms of Use and the relationship between you and the Company shall be governed by the laws of Hong Kong, without giving effect to conflict-of-law principles that would require the application of another jurisdiction's law. Claims that are not required to be resolved by arbitration shall be submitted to a court of competent jurisdiction in Hong Kong, subject to any mandatory consumer rights that apply to you.
A failure or delay by the Company in exercising any right under these Terms of Use does not constitute a waiver of that right. A waiver relating to one breach does not automatically constitute a waiver of another or subsequent breach.
You are responsible for ensuring that your access to and use of the Website complies with laws and regulations applicable to you. If use of the Website is prohibited in the place from which you access it, you should not use the Website.
Except where expressly stated otherwise, these Terms of Use are intended to regulate the relationship between you and the Company and do not create enforceable rights for unrelated third parties.
Changes to these Terms of Use
We may revise these Terms of Use from time to time by publishing an updated version on the Website. Changes will apply from the time they are made available, subject to applicable law. You should review these Terms periodically. Continued use of the Website after revised Terms of Use become effective constitutes acceptance of the revised terms to the extent permitted by law.
Assignment
You may not transfer or assign your rights or obligations under these Terms of Use without the Company's prior written consent, except where applicable law provides otherwise. Any attempted assignment made contrary to this provision may be ineffective. The Company may assign or transfer its rights and obligations under these Terms of Use to the extent permitted by applicable law.
Entire Agreement and Admissibility
These Terms of Use, together with policies and additional terms expressly incorporated into them, constitute the agreement between you and the Company concerning your use of the Website and supersede prior communications concerning that subject matter, to the extent permitted by law.
Certain products, services or Website functions may be subject to additional terms. If applicable additional terms expressly conflict with these Terms of Use in relation to a particular product, service or function, those additional terms will apply to that specific matter unless otherwise stated.
To the extent permitted by applicable rules of evidence and procedure, an electronic or printed copy of these Terms of Use may be used in judicial, administrative or other proceedings relating to the Website.
How to Contact Us
If you have questions or comments regarding these Terms of Use or the Website, please contact Hong Kong Dongjin Technology Co., Limited by email at service@swhyu.com.