TERMS OF USE

 

Welcome to GIIN website, Giin.style. These Terms of Use govern your use of the Giin.style website and all subdomains thereof. By using, visiting or shopping at the Giin.style website and all subdomains thereof, you agree to be bound by these Terms of Use, as well as the other policies posted on the Giin.style website.

 

In these Terms of Use, the GIIN website, Giin.style, and all subdomains thereof are referred to as the "Site".

 

GIIN is located in Hong Kong. By displaying products on the Site, GIIN is making an invitation to treat in Hong Kong.  When you place an order you are making an offer in Hong Kong to buy from the GIIN you have specified at the price stated for those products subjects to the terms and conditions herein contained.  You are not entitled to cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.  For the avoidance of doubt, GIIN may refuse to accept your offer at the sole discretion of GIIN.

 

GIIN will acknowledge your order to confirm that we have received your order by email.  The confirmation will provide the products you have ordered and the prices thereof.  This communication shall be our acceptance of your order by GIIN.

 

USE OF THE SITE

 

License and Site Access

 

GIIN grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site, or any portion of the Site, except with the express written consent of GIIN. GIIN also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of the Site so long as the link does not portray GIIN, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.

 

Prohibited Uses of the Site

 

The licenses set forth in these Terms of Use do not include any rights to:

Interfere or attempt to interfere with the proper operation of the Site;

Bypass any measures used to prevent or restrict access to any portion of the Site;

Use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by GIIN or its affiliates through the Site;

Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;

Compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;

Reproduce, record, retransmit, sell, rent, distribute, publish, post or perform any of the content of the Site;

Modify, download (other than page caching), reproduce, copy or resell the Site, the content or any portion or derivative thereof;

Copy or download any account information of any user of the Site for the benefit of any other person or entity;

Frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of GIIN;

Use GIIN's name, trademarks, service marks or logos in any meta tags or any other "hidden text"; or

Use GIIN's logo or other proprietary graphic or trademark as part of a link without express written permission.

Each of the foregoing is expressly prohibited without GIIN's prior express written consent. Any unauthorized use of the Site or any portion or derivative thereof by, on behalf of or through you shall terminate any license or permission granted to you by GIIN.

 

Termination of Access

 

You agree that GIIN may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site and your Site account without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. YOU AGREE THAT NONE OF GIIN, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES (EACH A "GIIN PARTY") WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.

 

INTELLECTUAL PROPERTY RIGHTS; USER CONTENT

 

Copyright

 

All content included on the Site, including, without limitation, text, articles, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software, ("Content") is the property of GIIN or its licensors, product suppliers or content suppliers (including users who supply Content) and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all Content on the Site are the exclusive property of GIIN and are protected by applicable copyright laws. All software used on the Site is the property of GIIN or its software suppliers and is protected by applicable copyright laws.

 

Trademarks

 

GIIN and Giin.style are trademarks, registered trademarks or service marks of GIIN or its affiliates or licensors. All rights are reserved. These and other trademarks, service marks, graphics, logos and trade dress of GIIN and its affiliates, suppliers and licensors used on the Site may not be used without the prior written consent of GIIN or its applicable affiliate, supplier or licensor, as the case may be. Without limiting the foregoing, no GIIN trademark, service mark or trade dress may be used in connection with any product or service that is not GIIN's, in any manner that is likely to cause confusion among users or customers, or in any manner that disparages or discredits GIIN.

 

No Responsibility for Third-Party Content; Copyright Claims

 

Content on the Site may be provided by third parties, either as a result of submission by users or other persons or because of selection by GIIN. Any opinions, advice, statements, descriptions, services, offers, information or other Content expressed or made available by third parties on or through the Site ("Third-Party Content") are solely those of the respective authors or distributors, and not of GIIN or its affiliates. None of the GIIN Parties guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content. The GIIN Parties make no endorsement or representations as to the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content, unless made by an authorized GIIN representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will any GIIN Party be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content or any other harm arising from any Third-Party Content.

 

No GIIN Party will assume any liability for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any Third-Party Content. However, if you believe that the Site contains Content that infringes copyright rights held by you, please contact privacy@giin.style with the following information and signature:

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Site;

Your address (including country), telephone number and e-mail 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;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

 

Submission of Reviews and Other User Content

 

Where allowed on the Site, users or other persons may submit reviews, articles, comments, contest entries and other Content to the Site, or users may offer or disclose Content, ideas or other materials to GIIN in connection with the Site (each such submission, offer or disclosure being a "Submission"). If you choose to submit such Content, you agree not to use a false e-mail address, impersonate any person or entity or otherwise mislead any GIIN Party or any Site user as to the origin of any such Content. You agree, represent and warrant that any Submissions submitted by you will be accurate and will not violate these Terms or Conditions, any applicable law or regulation or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You agree, represent and warrant that you have the authority to make all Submissions submitted by you and to grant the rights and licenses described herein with respect to all such Submissions. You further agree, represent and warrant that no Submission submitted by you will be or contain libelous, unlawful, false, misleading, threatening, harassing, defamatory, discriminatory, racist, violent, sexually explicit, pornographic, indecent, offensive, abusive or obscene material or contain software viruses, political campaigning, commercial, survey, research or other solicitations, bulk communications, chain letters, advertising, commercial offers, mass mailings or any form of "spam".

 

GIIN has the right but not the obligation to monitor, edit, move or remove any activity, Content or Submission on the Site. However, GIIN does not regularly review Submissions and is entitled to presume that all Submissions comply with these Terms of Use.

 

GIIN does not acquire title or other ownership rights in or to any Submission made by you. However, you agree that by posting, uploading, inputting, providing or otherwise submitting, offering or disclosing a Submission you are: (1) unconditionally granting GIIN, its affiliates and sublicensees permission, without compensation to you or any third party, to use your Submission in connection with the operation of their businesses (including, without limitation, the Site), including, without limitation, the transferable, non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sub-licensable right and license to use, copy, excerpt, distribute, disclose, transmit, display (publicly or otherwise), perform (publicly or otherwise), publish, reproduce, edit, create derivative works from, translate, reformat, host, index, cache, tag, encode, modify and adapt your Submission in any manner, for any purpose, without restriction and in any form or media now known or hereinafter developed and to use and publish in connection with your Submission your name, image and other personal information, to the extent submitted by you in connection with your Submission; and (2) unconditionally granting to each user of the Site a non-exclusive license to access your Submission through the Site and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such Submission as permitted through the functionality of the Site and under these Terms of Use. To the extent any right you may have in or relating to any Submission cannot be licensed to GIIN or its affiliates under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, trademark rights, trade secret rights, patent rights, copyright rights and "moral rights" or other rights with respect to attribution of authorship or integrity of materials. GIIN is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to treat any Submission or the ideas therein as proprietary; (3) to pay to you or any person or entity any compensation for any Submissions; or (4) to use, return or respond to any Submissions.

 

IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS AND PRODUCT REGULATION

BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED GIIN TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE "IMPORTER" AND "INITIAL DISTRIBUTOR" OF THE PRODUCT TO SUCH COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS. YOU ACKNOWLEDGE AND AGREE THAT GIIN'S ROLE IS LIMITED TO PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN HONG KONG AND FOR YOUR IMPORT TO THE COUNTRY TO WHICH YOU HAVE REQUESTED GIIN TO SHIP PRODUCTS. IN NO EVENT WILL GIIN OR ANY OTHER GIIN PARTY BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL ANY GIIN PARTY BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN THE HONG KONG SPECIAL ADMINISTRATIVE REGION FOR ANY REASON, INCLUDING THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS.

 

By purchasing a product through the Site, customers outside of Hong Kong authorize GIIN to make arrangements for clearance of customs on their behalf for the products they have ordered.

 

PAYMENT FOR PRODUCTS PURCHASED THROUGH THE SITE

 

Methods of Payment

 

GIIN offers a variety of payment methods on the Site for the convenience of customers. Please note that each of the payment methods discussed below may not be available at all times. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.

 

If you pay by credit card, your card issuer agreement governs your use of your card and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT GIIN, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify GIIN of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If GIIN does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by GIIN or its agents.

 

If payment is made by PayPal®, the user agreement for the PayPal service will govern your use of that service, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a PayPal member. YOU, AND NOT GIIN, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYPAL ACCOUNT BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify GIIN of any discrepancies within sixty (60) days after you first receive notice thereof, you agree that they will be deemed accepted by you in all respects and for all purposes. If GIIN does not receive payment through the PayPal service, you agree to pay all amounts due upon demand by GIIN or its agents.

 

Unless expressly set forth on the Site, GIIN does not accept any other payment form. If GIIN offers or accepts any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such other form of payment.

 

 

Currencies

 

All transactions conducted by or with GIIN, including sales of items shown on the Site, issuance of gift certificates and credit for returned merchandise, are made in US Dollars.

 

Payment made by credit card or PayPal® in a currency other than US Dollars will be converted to US Dollars at the exchange rate determined by your credit card issuer or PayPal. Please consult your credit card issuer agreement or the user agreement for the PayPal service for information regarding the determination of exchange rates by them. These exchange rates may include a "spread," or amount payable to PayPal or the credit card issuer, which may result in the actual price paid being higher than the posted US Dollar price.

 

NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.

 

In no event will any GIIN Party be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.

 

PRODUCT DESCRIPTIONS, INFORMATION AND PRICES

 

Product Descriptions

 

GIIN has made every effort to display the colors of products on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor GIIN cannot guarantee that your monitor's display of any color will be accurate.

 

Prices

 

GIIN cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a "shopping cart" or "shopping bag" and the time the purchase is actually made. Also, despite GIIN's best efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of GIIN, GIIN may either (a) contact you for instructions before shipping the product or charging you for such product or (b) cancel the order for such product and notify you of such cancellation.

 

GIIN will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, that contain other incorrect information or typographical errors or that are unavailable for any reason. GIIN will have this right regardless of whether the order has been confirmed or your credit card or other payment service has been charged. If your credit card or payment service has already been charged for the purchase and your order is cancelled, GIIN will immediately issue a credit to your credit card or payment service in the amount of the charge.

 

ORDER PROCESSING, SHIPMENT, RETURNS, WARRANTIES

 

Order Acceptance

 

The offer and acceptance of orders will be subject to the terms of the third paragraph of these Terms of Use. GIIN may confirm its receipt of your acceptance by sending a confirmation to the e-mail address that you provide.

 

Passage of Title

 

Title to products, and risk of loss of products, passes to you upon delivery to the common carrier selected by GIIN to deliver your order.

 

You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of GIIN's agreement to sell products to you.

 

Cancellation, Return and Exchange Policies

 

Cancellation, return and exchange policies are available to you via the Site.  Please review such policies to learn how and when you may return or exchange a product purchased via the Site.  You agree that any applicable shipping and/or handling charges are non-refundable.

 

 

 

 

User Privacy; Data Security

 

You acknowledge and agree that the Site is a public space and that your participation in and Submissions to the Site create no expectation of privacy. Further, you acknowledge that any personal information you submit to the Site may be seen and used by others. No GIIN Party is responsible for information that you or others choose to submit to the Site, or for your actions or the actions of other users. GIIN or its designated agents may remove or alter any information, Content or Submission posted or otherwise disclosed on the Site at any time for any reason. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE AS A SUBMISSION OR OTHERWISE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

 

While GIIN takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, no GIIN Party is responsible for the acts of those who gain unauthorized access, and no GIIN Party makes any warranty, express, implied or otherwise, that GIIN or any other GIIN Party will prevent unauthorized access to your private information.

 

Your Account

 

Certain portions of the Site may require you to establish an account, username and password. You are responsible for maintaining the confidentiality of such account, username and password, and agree to accept responsibility for all activities that occur under your account, username or password. You agree to notify GIIN immediately of any unauthorized use of your account, username or password or any other breach of security with respect to the Site. You may not use anyone else's account, username or password at any time. You may not attempt to gain unauthorized access to the Site. You may not authorize any other person to use your account, username or password. You agree to provide GIIN with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your account information by clicking on the My Account link on the Site.

 

Applications

 

The Site may contain links, log-in interfaces and other connections to third-party websites and applications (including, without limitation, websites, widgets, software and other software utilities) ("Application(s)"). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by GIIN. Applications are provided solely as a convenience to you and GIIN is not responsible for and does not sponsor or endorse the content of Applications. You will need to make your own independent judgment regarding your interaction with Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your GIIN account. By using Applications, you acknowledge and agree to the following: (1) if you use an Application to share information about you, your actions on the Site or relating to your GIIN account, you are consenting to such information being shared; (2) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if GIIN has not provided such information; and (3) your use of an Application is at your own option and risk and you will hold the GIIN Parties harmless from any sharing of information about you, your actions on the Site or relating to your GIIN account that results from your use of an Application. In addition, each Application's end-user license agreement, terms of use, privacy policy and any other documentation or materials designated by the Application will govern your use of that Application. If you revoke an Application's access to your GIIN account, information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. The GIIN Parties do not take any responsibility for the performance of any Application or the use of any information shared with any Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints or claims about the Applications, you should contact the support or contact personnel of the Application and not GIIN.

 

 

Third-Party Links

 

The Site may contain links to other websites. GIIN Parties are not responsible for examining or evaluating, and GIIN Parties do not warrant the offerings of, any of the businesses or individuals operating such websites or the content of such websites. No GIIN Party assumes any responsibility or liability for the actions, products or content of any of these third-party websites. You should carefully review the privacy statements and other conditions of use set forth in such websites.

 

Age of Users

 

GIIN does not intend the Site to be viewed or used by individuals under the age of 18 ("minors") without the supervision of a parent or guardian 18 years of age or older. GIIN relies upon parents and guardians to determine if any Content or items available on the Site are appropriate for the viewing, access or purchase by minors. If a user is a minor, such minor may use the Site only under the supervision of parent or guardian. If a user is under 13 years of age the user may not, even under the supervision of a parent or guardian, make any Submissions.

 

Sweepstakes, Contests, Promotions

 

Any sweepstakes, contests or similar promotions made available through the Site will be governed by specific rules separate from these Terms of Use, provided that unless the separate rules provide otherwise, all information submitted through a sweepstakes, contest or similar promotion will be considered Submissions and will be subject to the terms relating thereto. By participating in any such sweepstakes, contest or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein and which, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as age or geographic restrictions.

 

Communications

 

You consent to receive communications from GIIN by e-mail. GIIN will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that GIIN provides to you in this manner satisfy any legal requirement that such communications be in writing.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THE SITE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY GIIN ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND YOUR USE OF ALL PRODUCTS INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. NO GIIN PARTY MAKES ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE GIIN PARTIES DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO GIIN PARTY GUARANTEES OR WARRANTS THE PERFORMANCE OF ANY SUPPLIER OR OTHER THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE OR THE CONFORMANCE OF ANY THIRD PARTY'S PRODUCT OR DESCRIPTION THEREOF, TO ANY LAW, RULE, REGULATION OR POLICY. NEITHER GIIN NOR ANY OTHER GIIN PARTY WARRANTS THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM GIIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR FREE.

 

NO GIIN PARTY WILL BE LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY APPLICATIONS, ANY E-MAIL SENT FROM GIIN OR ANY THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ANY GIIN PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE GIIN PARTIES ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.

 

THE DISCLAIMERS REGARDING WARRANTIES AS TO PRODUCTS IN THE IMMEDIATELY PRECEDING PARAGRAPH DO NOT APPLY TO THE EXTENT OF ANY APPLICABLE EXPLICIT WRITTEN GIIN WARRANTY (AS DEFINED ABOVE).

 

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW AND DISPUTES

 

Applicable Law

 

The Site is controlled, operated and administered by GIIN (or its licensees or agents) from its offices within the Hong Kong Special Administrative Region and is not intended to subject GIIN to the laws or jurisdiction of any state, country or territory other than that of the Hong Kong Special Administrative Region. By visiting the Site, you agree that the laws of the Hong Kong Special Administrative Region, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and GIIN or any other GIIN Party.

 

ALL USE OF THE SITE, SUBMISSIONS, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE SITE AND TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.

 

Disputes

 

Any dispute, controversy or claim relating in any way to the Site (including, without limitation, your visit to and use of the Site), to your Submissions, to the licenses granted hereunder or to products you purchase through the Site shall be submitted to confidential binding arbitration in Hong Kong conducted under Hong Kong law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of GIIN or any affiliate or licensor of GIIN, GIIN may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an English translation thereof. The arbitrator shall state the reason upon which the award is based.

 

GENERAL

 

Severability

 

If any of these terms or conditions shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms of Use.

 

Delay in Enforcement

 

No delay or failure to take action under these Terms of Use shall constitute any waiver by GIIN of any provision of these Terms of Use.

 

Complete Agreement

 

These Terms of Use, and any other policies posted on the Site from time to time, constitute the complete agreement between you and GIIN with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and GIIN.

 

Indemnification

 

You agree to defend, indemnify and hold harmless GIIN and the other GIIN Parties from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to the use of the Site and any Content available on the Site, any breach of these terms of service and/or any Submissions submitted, in each case by you or any user of any of your accounts.

 

Modification to Terms of Use

 

GIIN reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you, all Submissions and all other uses of the Site will be subject to the terms and conditions of these Terms of Use, which shall apply until GIIN posts a modified Terms of Use and then in accordance with such modified Terms of Use.

 

 

 

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