Terms of Use

TERMS OF USE

This website and/or its mobile sites and applications (the “Website”) is operated by heagu. These terms of use (“Terms of Use”) apply to your use of this Website. Any purchase of products or services available through this Website is subject to the terms and conditions of purchase (“Terms of Purchase”) on the applicable Company website, which are incorporated herein by reference. In addition, your use of this Website is subject to the Privacy Policy, which is incorporated herein by reference.
On the Website, the terms “we”, “us” and “our” refer to the Company. The Company offers this website, including all information, tools and services available from this site to you conditioned on your acceptance of these terms of use. Your continued use of this Website constitutes your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

PLEASE READ THESE TERMS OF USE CAREFULLY, ALONG WITH THE PRIVACY POLICY AND ANY OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, BEFORE USING THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION.

Data Integrity

You represent that all information, data and other materials provided by you on this website or otherwise to the Company are true, accurate, current and complete. You are responsible for updating and correcting the information you provide on this website accordingly.

Privacy Policy

A copy of the Privacy Policy applicable to the collection, use, disclosure and other processing of personal information on this website can be found at http://www.heagu.com. You agree that any personal information obtained from us through this website, by email, telephone or otherwise may be collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.

License and access to the website

All content available through this Site (including, but not limited to, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, and the selection and arrangement thereof) is the exclusive property of the Company, its licensors or its content suppliers and is protected by copyright, trademark and other applicable laws.

The Company grants you a limited license to access and make personal use of this Site. Unless otherwise indicated, you may access, copy, download and print the Content available on this Site for your personal, non-commercial use, provided that you do not alter or delete any copyright, trademark or other proprietary notices in the Content. The Company or its licensors or content providers retain full and unrestricted ownership of the Content available on the Site, including all associated intellectual property rights, and make such Content available to you under a license that is revocable at any time in the Company's sole discretion. The Company expressly prohibits any other use of any Content available through the Website, including but not limited to:

any downloading, copying or other use of any Content or the Site for competitive purposes against the Company or for the benefit of another vendor or third party provider; any caching, unauthorized linking to the Site or framing of any Content available on the Site; any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of any Content, product or service obtained from the Site that you do not have a right to make available (such as another party's intellectual property); any uploading, posting or transmission of material that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer; the use of any hardware or software designed to surreptitiously intercept information or otherwise obtain information (such as system data or personal information) from the Site (including, but not limited to, the use of “scraping” or other data gathering techniques, robots or similar data gathering and extraction tools); or any action that, in Company's sole judgment, imposes an unreasonable or disproportionately large load on the infrastructure of the company or causes damage or disrupts the proper operation of our infrastructure.

You are responsible for access to the Website, and such access may be subject to third party charges (such as Internet service provider charges or call time charges). You must also provide and be responsible for all equipment necessary to access the Website. You must not circumvent any measures implemented to prevent or restrict access to this Website. Any unauthorized access to the Website by you (including any such access or use that in any way affects any account you may have created on the Website or any device you may be using) terminates the permission or license granted to you by the Company.

The Company reserves the right to refuse or cancel any person's registration for this Website, to remove any person from this Website and to prohibit any person from using this Website for any reason, and to restrict or terminate your access to or use of the Website at any time without notice. The Company neither warrants nor represents that your use of the content available on this Website will not infringe rights of third parties not affiliated with the Company. Termination of your access or use will not waive any right or relief to which the Company may be entitled, whether at law or in equity.

Content submitted by you

You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of such content. You may not upload, distribute or otherwise publish through this Site any content that is confidential, proprietary, invasive of privacy or publicity rights, infringing of intellectual property rights, unlawful, harmful, threatening, false, fraudulent, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including but not limited to content that would constitute a criminal offense, violate the rights of any party, or otherwise give rise to civil liability or violate any applicable law.

You may not use a false e-mail address or other identifying information, impersonate any person or entity, or otherwise disguise the origin of any Content.

With respect to any content that you submit, post, upload, publish or otherwise make available through the Site (other than personal information, which will be treated in accordance with the Privacy Policy), you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works from and sublicense such content, or any portion of such content, in any medium. Such content will not be treated as confidential. You hereby represent, warrant and covenant that: (i) any Content you provide contains nothing (including, but not limited to, text, images, music or video) for which you do not have the full right to grant such license to the Company; and (ii) the Company is entitled to exercise its rights in your Content and/or to implement your Content as it sees fit, without seeking permission or license from any third party and without reference to you or any other person.

Links

This website may contain links to other websites or resources operated by third parties that are not affiliated with the Company. These links are provided as a convenience to you and as additional access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. The inclusion of links to other websites or resources should not be considered an endorsement of the content of the linked websites or resources. Different terms and conditions and privacy policies may apply to your use of linked websites or resources. The Company shall not be responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked website or resource.

DISCLAIMER

EXCEPT AS OTHERWISE EXPRESSED IN THESE TERMS OF USE OR THE TERMS OF SERVICE OR TERMS OF PURCHASE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AND PROVIDES NO OTHER TERMS, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT ON THE WEBSITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE COMPANY WEBSITES, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR COURSE OF DEALING.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PORTION THEREOF AT ANY TIME. THE COMPANY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT ANY INFORMATION ON THE WEBSITE WILL BE CORRECT, ACCURATE, SUFFICIENT, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE A WARRANTY OF ANY KIND.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT ALLOW THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, COMMUNICATIONS WITH THIRD PARTIES, AND THE PURCHASE AND USE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS PROVIDED TO YOU FREE OF CHARGE. ACKNOWLEDGING THIS, YOU AGREE AND ACKNOWLEDGE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING BUT NOT LIMITED TO, CONSUMER PROTECTION LAW), NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (THE “COMPANY PARTIES”) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO (1) THIS WEBSITE, OR ANY OTHER WEBSITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE IN RESPONSE TO ANY COMMUNICATION YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE COMPANY WEBSITES, INCLUDING ANY DAMAGES OR INJURY RESULTING FROM THE USE OF SUCH PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY); (4) ANY DELAY OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED OR OBTAINED ON OR THROUGH THE WEBSITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE WEBSITE; OR (6) ANY USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM ANY LINKED SITE OR SOURCE. THIS DISCLAIMER IS WITHOUT PREJUDICE, AND WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATIONS LINE FAILURE, NETWORK OR SYSTEM FAILURE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF RECORDS OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE WEBSITE.

YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE SHALL BE PERMANENTLY BARRED FOR ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR ACCRUED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Disclaimers

You will indemnify and hold the Company Parties harmless from all fines, penalties, liabilities, losses and other damages of any kind (including attorneys' fees and expert witness fees) incurred by the Company Parties and such parties, and will defend the Company Parties and such parties against all claims arising out of (1) your violation of these Terms of Use; (2) your violation of the Terms of Purchase; (4) the fraud or willful misconduct or gross negligence committed by you; or (5) your violation of applicable law or the rights of any third party. The Company Parties will control the defense of any claim to which this indemnity may apply, and in any event you may not settle any claim without the prior written consent of the Company Parties.

Electronic communication

When you use the Website or send e-mails to the Company, you are communicating electronically with the Company. You agree to receive electronically all communications related to your use of this Site. The Company will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company intended for receipt by a customer shall be deemed delivered and effective when sent to the e-mail address you provide on any of the Company Websites.

Website publications

The Website may provide users with the opportunity to post messages on the Website. The Company is under no obligation to review any content (including messages) posted to or sent through the Website by users and assumes no responsibility or liability for any such content. The Company may, in its sole discretion, monitor, refuse to post or remove any such content.

Trademarks and copyrights

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of the Company or its licensors or content providers or other parties. Users or parties acting on their behalf are prohibited from using any Marks for any purpose, including, but not limited to, use as metatags on other pages or websites, without the written permission of the Company or such third party that owns the Marks. You may not frame or utilize framing techniques or technologies to enclose any content on the Site without Company's express written consent. In addition, you may not use any Site Content in metatags or any other “hidden text” techniques or technologies without Company's express written consent. All content (including all software programs) available on or through the Site is protected by copyright, trademark and other applicable laws.

Allegations of Intellectual Property Infringement

Company respects the intellectual property of others, and we ask our users to do the same. You are hereby notified that the Company has adopted and reasonably implemented a policy providing for the termination in appropriate cases of website users who are repeat copyright infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Company's Copyright Agent with the following information (to be effective, notification must be in writing and delivered to our Copyright Agent):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at that location; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and a description of where the material that you claim is infringing is located on the site; Your address, telephone number, and, if available, email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. The Company's designated agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By e-mail:

Copyright Agent

c/o heagu Limited, Legal Department

support@heagu.com

The Company may update this contact information from time to time without notice to you. The current contact information will be posted on this website.

Survival of Terms after Termination

Notwithstanding any other provision of these Terms of Use or any general principle of law to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

Force Majeure

The Company shall be excused from performance under these Terms of Use or the Terms of Purchase to the extent that it is prevented or delayed in whole or in part by any event or series of events caused by or resulting from (1) weather conditions or other acts of nature or acts of God, (2) war, terrorism, riot, civil commotion or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of the Company.

Risk of loss

Items purchased through the Site are shipped by a third party carrier pursuant to a shipping contract. Therefore, the risk of loss and title for such items will pass to you upon our delivery to the carrier.

Dispute resolution

By using the Site in any manner, you unconditionally agree that: (i) any dispute, controversy, difference or claim arising out of or relating to this Agreement, including its existence, validity, interpretation, performance, breach or termination, or any dispute regarding non-contractual obligations arising out of or relating to it, shall be governed by the UNCITRAL Arbitration Rules in effect when the Notice of Arbitration is submitted; (ii) the law of this arbitration clause is the law of the Hong Kong Special Administrative Region of the People's Republic of China (“Hong Kong”); (iii) the place of arbitration is Hong Kong; (iv) the number of arbitrators is one (1) appointed by the Hong Kong International Arbitration Centre; and (v) the arbitration is conducted in the English language.

General

If any provision of these Terms of Use or the Terms of Purchase is held to be invalid, void or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision in question and the unenforceable term should be deemed severable and should not affect the validity and enforceability of the remaining provisions of these Terms of Use or the Terms of Purchase. Section headings are for reference purposes only and do not limit the scope or coverage of such section. These Terms of Use or the Purchase Terms and the relationship between you and the Company shall be governed by the laws of Hong Kong to the extent not superseded by or inconsistent with federal law, without regard to its conflict of law provisions. For any action not subject to arbitration, we both agree to submit to the personal jurisdiction of a Hong Kong court.

The Company's failure to respond to a breach of these Terms of Use or the Terms of Purchase by you or others does not waive the Company's right to respond to subsequent or similar breaches. If any content on this Site or your use of the Site is contrary to the laws of the place where you are located, the Site is not intended for you and we ask that you do not use the Site. You are responsible for informing yourself about and complying with the laws of your jurisdiction.

The Company does not guarantee that it will take action against all violations of these Terms of Use or the Terms of Purchase. Unless otherwise expressly provided in these Terms of Use or the Terms of Purchase, there are no third party beneficiaries of these Terms of Use or the Terms of Purchase.

Changes to these Terms of Use

You acknowledge and agree that the Company may, at its sole discretion, modify, amend or remove these Terms of Use at any time and in any manner by posting revised Terms of Use on the Site. You may not change or modify these Terms of Use under any circumstances. It is your responsibility to check periodically for changes to the Terms of Use. Your continued use of this Website following any changes to the Terms of Use means that you accept the changes.

Transfer

You may not assign these Terms of Use or the Terms of Purchase (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of the Company. Any attempted assignment that does not comply with these Terms of Use or the Purchase Terms will be void and ineffective. The Company may assign these Terms of Use or the Terms of Purchase, in whole or in part, to any third party in its sole discretion.

Entire Agreement and Admissibility

These Terms of Use constitute the entire agreement and understanding between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. For the avoidance of doubt, these Terms of Use apply only to the extent permitted by law.

In some cases, both these Terms of Use and a separate document containing additional terms and conditions may apply to a service or product offered through this Site (“Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings relating to the use of this website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How you can contact us

If you have any questions or comments about these Terms of Use or this website, please contact by email at support@heagu.com.

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong.
HONG KONG HU JIE INTERNATIONAL LIMITED FLAT/RM 1203 12/F TOWER 2 CHINA HONG KONG CITY 33 CANTON ROAD TSIM SHA TSUI KL