1. Acceptance of Terms and Conditions
1.1 By accessing our website (http://www.eastgear-int.com) (here after called “Our Site”), you are subject to the following terms and conditions (the “Terms & Conditions”) for browsing or in any way using the services provided by Our Site, which may be updated by us from time to time without notice to you. You can view the most current version of the Terms & Conditions at any time at [http://www.eastgear-int.com]. East Gear (International) Corp Limited (“East Gear”) requires all its visitors and users to follow and strictly comply the Terms & Conditions. Each time when you access Our Site you are deemed to have agreed to accept the Terms & Conditions including the latest version at the time of access.
1.2 Each time when a person under legal age accesses Our Site, his/her parents (or legal guardians) are deemed to be aware of the Terms & Conditions and have agreed to accept and comply with the same and its latest version.
2. Provision of Services
2.1 East Gear provides variety of services to users, including but not limited to shopping services, bonus points exchange services, forums, latest product information, etc. (“the Service”). You understand and agree, the Service is provided on “as-is” basis and East Gear assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for all necessary equipment to access the Service.
2.2 You are not allowed to reproduce, keeping duplicate, copy, sell, resell or use for any kind of commercial purposes, the Service (including your user account number maintained with Our Site) or any part thereof, use of the Service, or access to the Service.
2.3 East Gear has the right at any time in its absolute discretion with or without notice modify or discontinue, temporarily or permanently, the Service or any part of it and East Gear shall not in any way be liable to you or to any third party in relation thereto.
3. Your Registration Obligations
If you wish to use the Service, you must agree to and perform the followings :
(a) access to the registration webpage of Our Site, provide true, accurate, current and complete information about yourself as prompted by the registration form (“the Registration Data”;
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current, incomplete or misleading, or East Gear has reasonable grounds to suspect such information is untrue, incorrect, not current or incomplete, East Gear is entitled to suspend or terminate your user account and/or membership and refuse any and/or all your current or future use of Our Site and/or the Service.
4. Member’s account, password and security
4.1 After completing the registration process set out in Clause 3 above, Our Site will create a personal account for you and you will receive a password for it. You are solely responsible for maintaining security of the password and account, you must also be fully responsible for all activities that occur under your password or account. You agree to the followings :
(a) when you become aware of any unauthorized use of your password and/or account or any other security problem, you must notify East Gear immediately;
(b) each time when you complete your use of Our Site and/or the Service, you must exit from your account.
4.2 Unless there is proof of negligence in the management of Our Site and/or the Service by East Gear, East Gear cannot and will not be responsible for any loss or damage, whether directly or indirectly, resulted from the improper or unauthorized use of your password and/or account.
4.3 You agree that East Gear may access, preserve and disclose your account information and Content as required by law or regulations or if East Gear reasonably considered to be necessary in the following circumstances without being obliged to obtain your consent :
(a) comply with legal process or carry out court order;
(b) enforce the Terms and Conditions;
(c) respond to allegations that any Content infringes third party’s rights;
(d) respond to your request for service; or
(e) protect the properties, rights or personal safety of East Gear, users of Our Site and the public.
5. Online Transaction
5.1 When you request to order or exchange products through Our Site, you agree : -
(b) the information of the electronic transaction as shown on the Our Site being the standard of the transaction; and
(c) East Gear has the right of final decision for whether to accept or refuse to trade with you without being required to provide any explanation.
6. Member’s Conduct
6.1 You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the Content originated. Therefore, Our Site will not assume any responsibility relating to the Content, and you must take full responsibility for all Content you have uploaded, posted, transmitted or otherwise made available via Our Site or the Service.
6.2 You agree not to use Our Site or the Service for any of the following purposes :-
(a) upload, post, transmit or in any way make available any Content that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of others’ privacy, hateful, illegal or racially, ethnically or in any way objectionable.
(b) intentionally harm minors in any way;
(c) forge headers or in any way manipulate identifiers in order to disguise or cover up the origin of any Content transmitted through Our Site or the Service;
(d) impersonate any person, organization or entity, making untrue statement or false representation of your affiliation with a person, organization or entity;
(e) upload, post, transmit or in any way make available any Content that you do not have any right to make available.
(f) upload, post, transmit or in any way make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary rights owned by other persons;
(g) upload, post, transmit or in any way make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation.
(h) upload, post, transmit or in any way make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) intentionally or unintentionally violates any application laws and legally enforceable regulations; or
(j) collect or store personal data of any other third party.
6.3 East Gear has the right (but not obliged) to pre-screen the Content, and according to its judgment reject or remove any Content provided through Our Site or the Service without being required to give any explanation or be responsible in any way.
7.1 You cannot without consent East Gear do any of the followings :- are strictly prohibited from (i) by and through any means linking Our Site; (ii) in any manner caching to link Our Site, or (iii) framing any contents of Our Site. East Gear reserves the right to disable any unauthorized links or frames, and specifically disclaims any responsibility for the contents available on any internet sites linked to Our Site. You agree to be at your own risk to access Our Site from and through other internet sites.
8.2 Our Site, the Service or third parties may provide links to other World Wide Web sites or resources. You acknowledge and agree that East Gear has no control over such sites and resources, East Gear is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that East Gear shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such Content, goods or services available on or through such sites or resources.
8. Disclaimer of Warranty
8.1 You understand and agree :
(a) East Gear ’s obligations under the Terms and Conditions only limited to provide the Service with reasonable technique and care. The Terms and Conditions do not have any content, which disclaim or limit of East Gear’s liability caused by its negligence, fraud or other liability which cannot be disclaimed or limited by reason of any applicable law resulting death or personal injury.
(b) You shall evaluate and assume all risks in relation to any material downloaded or otherwise obtained through the use of Our Site or the Service.
(c) Unless expressly stated in the Terms and Conditions, no advice or information, whether oral or written, obtained by you from or through Our Site or the Service shall create any warranty.
(d) East Gear and its Affiliates do not warrant :
(i) Our Site or the Service will meet your requirements;
(ii) Our Site or the Service will be uninterrupted, timely, secure or error-free;
(iii) The results that may be obtained from the use of Our Site and/or the Service will be accurate or reliable;
(iv) The quality of any information, material or content obtained by you through Our Site and/or the Service will meet your expectation.
(v) Any errors in the software will be corrected.
8.2 You may encounter inconvenience in using Our Site or the Service and/or loss of any information or data when the operation system of Our Site or use of the Service is in suspension, malfunction, delay, wrong transmission or storage of data, duly resulted from various circumstances. You acknowledge and agree that East Gear shall be at no responsibility or liability for your losses or damages arising therefrom whether directly or indirectly. You should take appropriate precautionary measures to prevent the loss of any uploaded information or message. If you extract any information or picture from Our Site or through the use of the Service, you acknowledge and agree to be at your own risk that such information or picture would cause the malfunction, dysfunction or other damages or losses to your computer system, and further acknowledge and agree that East Gear is not liable to you or any of your losses suffered therefrom whether directly or indirectly.
8.3 East Gear cannot control any Content which is not posted by East Gear , therefore East Gear give no warranty to the accuracy, completeness or quality of such Content. You agree you need to evaluate the accuracy, completeness and quality of such Content, and to assume all risks and liabilities in relation to the use of or reliance on such Content. Under no circumstances East Gear shall be liable in any way for any loss or damage incurred relating to the accuracy, completeness, quality of the Content or other incidental problems.
9.1 Without prejudice to any other rights of East Gear, East Gear has the right forthwith deprive of your membership and refuse your continuous use of Our Site and the Service without notice if East Gear has reasonable ground to suspect any of the following events happens :
(a) intentionally invading the system of Our Site and/or disrupting the Services;
(b) beaching any terms of the Terms and Conditions, or laws for consumer protection, fair trade or other applicable laws including local, national and international laws.
9.2 If East Gear has reasonable ground to suspect the information or Content provided you or your conduct is in conflict with any laws and regulations, East Gear shall take the initiative to cooperate with the relevant law enforcing authority for investigation. In addition to legal liability, you are also liable for East Gear’s damages and expenses resulted therefrom.
9.3 You acknowledge and agree that East Gear is entitled to, without limitation of the happening of the events set out above or other situation as contained in the Terms and Conditions, at any time modify or suspend the Services provided to you, or deprive of your membership and refuse your current and future use of Our Site and the Service without being required to give you prior notice of the same. East Gear has the right to close or delete your account and all relevant information and files contained in your account. East Gear shall not be liable to you or to any third party for any losses suffered therefrom.
10. Limitation of Liability
10.1 East Gear hereby disclaims all legal liabilities or other liabilities (regardless whether such liabilities are based on contract, tort, mandatory or otherwise binding) in respect of any direct, indirect, consequential or special losses or damages arising from your access to Our Site, use of its related service or use of the Service or any other acts in connection therewith. Notwithstanding East Gear is aware of the possibility of such losses or damages, including but not limited to transmission of any viruses which may infect any equipments of your computer system, East Gear shall not be liable therefor.
10.2 All contents on Our Site are provided to you on “as is” and “as available” basis without warranty of any kind, either expressed or implied. Besides, East Gear does not endorse any approval or agreement to your or any third party’s opinion, advice or statement made through Our Site, or assume any liability on the reliability and accuracy of the same.
11. Copyright, Trade Marks and Proprietary Rights
The trade marks, logo and signs (the “Trade Marks”) displayed on Our Site are either East Gear’s property or authorized for use by other property’s owners. You are prohibited from using any Trade Marks for any purpose including but not limited to as metatag or other indicator or pointer on other web pages or websites on the World Wide Web without the written permission of East Gear. All images, pictures, product’s designs, information, messages and contents (including any software programs) available on or through Our Site are subject to the relevant laws protecting intellectual property rights. You are strictly prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any contents available on Our Site for any commercial or public purposes.
12. Access to Password Protected/Secured Areas
Access to and use of password protected and/or secured areas of Our Site is restricted to authorized users only. If you are not an authorized user, you assess or attempt to access such areas shall be liable to prosecution.
You agree to indemnify and hold East Gear, its Affiliates, officers, employee, agent or other partners harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the Content submitted, posted or transmitted by you or otherwise make available through Our Site or the Service, your use of the Service, your connection to Our Site, your violations of the Terms and Conditions or your violation of any other’s rights. East Gear has the right to seek remedies available at applicable laws and in equity, including the right to block access from a particular Internet address to Our Site.
14.1 Choice of Law and Jurisdiction
The interpretation of the Terms and Conditions is in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) and your relationship with East Gear shall be governed by the laws of Hong Kong. In the event any controversy or disputes arising from Our Site or the Terms and Conditions between you and East Gear, you agree to submit to the exclusive jurisdictions of the Hong Kong court.
14.2 The Terms and Conditions constitutes the entire agreement between you and East Gear and govern your use of the Service, superseding any prior agreements between you and East Gear with respect to the Service. You may also be subject to additional terms and conditions that may apply when you purchase certain East Gear’s products, use other services provided by East Gear, third party content or third party software.
14.3 The failure of East Gear to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions shall be found by the court to be invalid or unenforceable, the remaining provisions of the Terms and Conditions shall remain in full force and effect.
14.4 You agree that your account is non-transferrable. All rights relating to your account or the contents in your account will be automatically terminated upon your death, all contents in your account will be permanently deleted.
14.5 In case of dispute, East Gear shall have the right to make the final decision.