Terms Of Service
Terms Of Service of Upvalue Technology Limited
1. Introduction
These Terms of Service ("Terms") govern your use of the services provided by Upvalue Technology Limited, including our websites, mobile applications, and the purchase of our Coats & Jackets, Dresses, and other products. By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our services.
2. Use of Services
2.1 Eligibility
You must be at least 18 years old to use our services. By using our services, you represent and warrant that you are of legal age to enter into a binding contract and that you have the right, authority, and capacity to abide by these Terms.
2.2 Account Registration
To use certain features of our services, such as placing an order, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account. You agree to provide accurate and complete information during the account registration process and to update your information as necessary.
2.3 Prohibited Activities
You may not use our services for any illegal or unauthorized purpose. Without limiting the generality of the foregoing, you may not:
- Use our services to transmit any viruses, worms, Trojan horses, or other harmful or malicious code.
- Interfere with or disrupt the operation of our services or the servers and networks connected to our services.
- Use any automated means, such as robots, spiders, or scrapers, to access or use our services without our prior written consent.
- Engage in any activity that may damage, disable, overburden, or impair our services or the rights or property of other users.
3. Intellectual Property
3.1 Ownership
All content and materials available on our services, including but not limited to text, graphics, images, logos, trademarks, and software, are the property of Upvalue Technology Limited or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, copy, reproduce, distribute, modify, or create derivative works of any such content without our prior written consent.
3.2 Trademarks
The Upvalue Technology Limited name, logo, and all related trademarks, service marks, and trade dress are the exclusive property of Upvalue Technology Limited. You may not use any of these marks without our prior written permission.
4. Product Purchases
4.1 Pricing and Availability
The prices of our products are as stated on our websites or in our product catalogs. All prices are subject to change without notice. We make reasonable efforts to ensure that the product information, including pricing and availability, displayed on our services is accurate. However, we do not guarantee the accuracy, completeness, or reliability of such information. In the event of an error in pricing or product availability, we reserve the right to cancel or adjust your order and to notify you of the correction.
4.2 Order Placement and Confirmation
When you place an order with us, you are making an offer to purchase the products selected. We will send you an order confirmation email acknowledging receipt of your order. Your order will be deemed accepted and a contract will be formed between you and us when we ship the products to you or otherwise notify you of acceptance.
4.3 Payment
You are responsible for paying the full purchase price of the products, including any applicable taxes, shipping, and handling fees. We accept various payment methods, as specified on our websites. By providing payment information, you represent and warrant that you are authorized to use the payment method and that the information provided is accurate and complete.
4.4 Shipping and Delivery
We will make reasonable efforts to ship your products within the time frame specified on our websites. Shipping times may vary depending on various factors, including the shipping method selected, the destination, and customs clearance procedures. We are not responsible for any delays in shipping or delivery caused by factors beyond our control, such as carrier delays, customs inspections, or natural disasters.
4.5 Returns and Exchanges
Our returns and exchanges policy is set forth in a separate document available on our websites. You must comply with the terms of our returns and exchanges policy in order to return or exchange products.
5. Liability Limitation
5.1 Disclaimer of Warranties
OUR SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON - INFRINGEMENT, OR TITLE. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR - FREE, OR SECURE.
5.2 Limitation of Liability
IN NO EVENT SHALL Upvalue Technology Limited OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.
6. Indemnification
You agree to indemnify, defend, and hold harmless Upvalue Technology Limited and its affiliates, directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of our services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
7. Termination
We may terminate or suspend your access to our services at any time, without prior notice, if we believe that you have violated these Terms or for any other reason, in our sole discretion. Upon termination, you must immediately cease using our services.
8. Governing Law and Dispute Resolution
8.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
8.2 Dispute Resolution
Any disputes arising out of or in connection with these Terms or your use of our services shall be resolved through arbitration in accordance with the rules of the HKIAC. The arbitration shall be held in Hong Kong, and the language of the arbitration shall be english. The decision of the arbitrator shall be final and binding on both parties.
9. Miscellaneous
9.1 Entire Agreement
These Terms constitute the entire agreement between you and us with respect to your use of our services and supersede all prior agreements and understandings, whether oral or written.
9.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.
9.3 Waiver
No waiver of any provision of these Terms shall be effective unless in writing and signed by us.
9.4 Amendments
We may amend these Terms at any time by posting the amended Terms on our websites. Your continued use of our services after the posting of the amended Terms constitutes your acceptance of the amendments.