Last updated September 28, 2023

AGREEMENT TO OUR LEGAL TERMS

We are Apocalypse Digital, doing business as https://www.everybodygoshopping.com (‘Company‘, ‘we‘, ‘us‘, or ‘our‘), a company registered in Hong Kong at West Wing, 2/F, 822 Lai Chi Kok Road, Lai Chi Kok, , Kowloon.

We operate the website https://www.everybodygoshopping.com (the ‘Site‘), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms‘) (collectively, the ‘Services‘).

You can contact us by email at info@everybodygoshopping.om or by mail to West Wing, 2/F, 822 Lai Chi Kok Road, Lai Chi Kok, , Kowloon, Hong Kong.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you‘), and Apocalypse Digital, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the ‘Last updated’ date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PRODUCTS

6. PURCHASES AND PAYMENT

7. RETURN POLICY

8. PROHIBITED ACTIVITIES

9. USER GENERATED CONTRIBUTIONS

10. CONTRIBUTION LICENCE

11. GUIDELINES FOR REVIEWS

12. SOCIAL MEDIA

13. SERVICES MANAGEMENT

14. TERM AND TERMINATION

15. MODIFICATIONS AND INTERRUPTIONS

16. GOVERNING LAW

17. DISPUTE RESOLUTION

18. CORRECTIONS

19. DISCLAIMER

20. LIMITATIONS OF LIABILITY

21. INDEMNIFICATION

22. USER DATA

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

24. CALIFORNIA USERS AND RESIDENTS

25. MISCELLANEOUS

26. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution toor use by any person or entity in any jurisdiction or country where such distributionor use would be contrary to law or regulation or which would subject us to anyregistration requirement within such jurisdiction or country. Accordingly, thosepersons who choose to access the Services from other locations do so on their owninitiative and are solely responsible for compliance with local laws, if and to theextent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (HealthInsurance Portability and Accountability Act (HIPAA), Federal Information SecurityManagement Act (FISMA), etc.), so if your interactions would be subjected to suchlaws, you may not use the Services. You may not use the Services in a way thatwould violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services,including all source code, databases, functionality, software, website designs, audio,video, text, photographs, and graphics in the Services (collectively, the ‘Content’),as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).

Our Content and Marks are protected by copyright and trademark laws (and variousother intellectual property rights and unfair competition laws) and treaties in theUnited States and around the world.

The Content and Marks are provided in or through the Services ‘AS IS’ for yourpersonal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the ‘PROHIBITEDACTIVITIES’ section below, we grant you a non-exclusive, non-transferable,revocable licence to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you haveproperly gained access.

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of theServices and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,distributed, sold, licensed, or otherwise exploited for any commercial purposewhatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set outin this section or elsewhere in our Legal Terms, please address your request to:info@everybodygoshopping.om. If we ever grant you the permission to post,reproduce, or publicly display any part of our Services or Content, you must identifyus as the owners or licensors of the Services, Content, or Marks and ensure thatany copyright or proprietary notice appears or is visible on posting, reproducing, ordisplaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content,and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach ofour Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the ‘PROHIBITED ACTIVITIES’ section carefully priorto using our Services to understand the (a) rights you give us and (b) obligationsyou have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea,feedback, or other information about the Services (‘Submissions’), you agree toassign to us all intellectual property rights in such Submission. You agree that weshall own this Submission and be entitled to its unrestricted use and disseminationfor any lawful purpose, commercial or otherwise, without acknowledgment orcompensation to you.

You are responsible for what you post or upload: By sending us Submissionsthrough any part of the Services you:

  • confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES’ andwill not post, send, publish, upload, or transmit through the Services anySubmission that is illegal, harassing, hateful, harmful, defamatory, obscene,bullying, abusive, discriminatory, threatening to any person or group, sexuallyexplicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights toany such Submission;
  • warrant that any such Submission are original to you or that you have thenecessary rights and licences to submit such Submissions and that you havefull authority to grant us the above-mentioned rights in relation to yourSubmissions; and
  • warrant and represent that your Submissions do not constitute confidentialinformation.

You are solely responsible for your Submissions and you expressly agree toreimburse us for any and all losses that we may suffer because of your breach of(a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

(1) all registrationinformation you submit will be true, accurate, current, and complete; (2) you willmaintain the accuracy of such information and promptly update such registrationinformation as necessary; (3) you have the legal capacity and you agree to complywith these Legal Terms;

(4) you are not a minor in the jurisdiction in which youreside; (5) you will not access the Services through automated or non-humanmeans, whether through a bot, script or otherwise; (6) you will not use the Servicesfor any illegal or unauthorised purpose; and (7) your use of the Services will notviolate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep yourpassword confidential and will be responsible for all use of your account andpassword. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate,obscene, or otherwise objectionable.

5. PRODUCTS

We make every effort to display as accurately as possible the colours, features,specifications, and details of the products available on the Services. However, we donot guarantee that the colours, features, specifications, and details of the productswill be accurate, complete, reliable, current, or free of other errors, and yourelectronic display may not accurately reflect the actual colours and details of theproducts. All products are subject to availability, and we cannot guarantee that itemswill be in stock. We reserve the right to discontinue any products at any time for anyreason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

– Visa

– Mastercard

– American Express

– PayPal

You agree to provide current, complete, and accurate purchase and accountinformation for all purchases made via the Services. You further agree to promptlyupdate account and payment information, including email address, paymentmethod, and payment card expiration date, so that we can complete yourtransactions and contact you as needed. Sales tax will be added to the price ofpurchases as deemed required by us. We may change prices at any time. Allpayments shall be in Hong Kong Dollar.

You agree to pay all charges at the prices then in effect for your purchases and anyapplicable shipping fees, and you authorise us to charge your chosen paymentprovider for any such amounts upon placing your order. We reserve the right tocorrect any errors or mistakes in pricing, even if we have already requested orreceived payment.

We reserve the right to refuse any order placed through the Services. We may, inour sole discretion, limit or cancel quantities purchased per person, per household,or per order. These restrictions may include orders placed by or under the samecustomer account, the same payment method, and/or orders that use the samebilling or shipping address. We reserve the right to limit or prohibit orders that, inour sole judgement, appear to be placed by dealers, resellers, or distributors.

7. RETURN POLICY

All sales are final and no refund will be issued.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for whichwe make the Services available. The Services may not be used in connection withany commercial endeavours except those that are specifically endorsed orapproved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create orcompile, directly or indirectly, a collection, compilation, database, or directorywithout written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt tolearn sensitive account information such as user passwords.Circumvent, disable, or otherwise interfere with security-related features ofthe Services, including features that prevent or restrict the use or copying ofany Content or enforce limitations on the use of the Services and/or theContent contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, orharm another person.
  • Make improper use of our support services or submit false reports of abuseor misconduct.
  • Use the Services in a manner inconsistent with any applicable laws orregulations.
  • Engage in unauthorised framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojanhorses, or other material, including excessive use of capital letters andspamming (continuous posting of repetitive text), that interferes with anyparty’s uninterrupted use and enjoyment of the Services or modifies, impairs,disrupts, alters, or interferes with the use, features, functions, operation, ormaintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username ofanother user.
  • Upload or transmit (or attempt to upload or to transmit) any material that actsas a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats (‘gifs’), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as’spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
  • Interfere with, disrupt, or create an undue burden on the Services or thenetworks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agentsengaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent orrestrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services’ software, including but not limited to Flash, PHP,HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up apart of the Services.
  • Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Services, or use or launch any unauthorised script or othersoftware.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorised use of the Services, including collecting usernamesand/or email addresses of users by electronic or other means for the purposeof sending unsolicited email, or creating user accounts by automated meansor under false pretences.
  • Use the Services as part of any effort to compete with us or otherwise use theServices and/or the Content for any revenue-generating endeavour orcommercial enterprise.

9. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content.

10. CONTRIBUTION LICENCE

You and Services agree that we may access, store, process, and use anyinformation and personal data that you provide and your choices (includingsettings).

By submitting suggestions or other feedback regarding the Services, you agree thatwe can use and share such feedback for any purpose without compensation to you.

11. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. Whenposting a review, you must comply with the following criteria: (1) you should havefirsthand experience with the person/entity being reviewed; (2) your reviews shouldnot contain offensive profanity, or abusive, racist, offensive, or hateful language; (3)your reviews should not contain discriminatory references based on religion, race,gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not beaffiliated with competitors if posting negative reviews; (6) you should not make anyconclusions as to the legality of conduct; (7) you may not post any false ormisleading statements; and (8) you may not organise a campaign encouragingothers to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We haveabsolutely no obligation to screen reviews or to delete reviews, even if anyoneconsiders reviews objectionable or inaccurate. Reviews are not endorsed by us,and do not necessarily represent our opinions or the views of any of our affiliates orpartners. We do not assume liability for any review or for any claims, liabilities, orlosses resulting from any review. By posting a review, you hereby grant to us aperpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, andsublicensable right and licence to reproduce, modify, translate, transmit by anymeans, display, perform, and/or distribute all content relating to review.

12. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with onlineaccounts you have with third-party service providers (each such account, a ‘Third-Party Account’) by either: (1) providing your Third-Party Account login informationthrough the Services; or (2) allowing us to access your Third-Party Account, as ispermitted under the applicable terms and conditions that govern your use of eachThird-Party Account. You represent and warrant that you are entitled to discloseyour Third-Party Account login information to us and/or grant us access to yourThird-Party Account, without breach by you of any of the terms and conditions thatgovern your use of the applicable Third-Party Account, and without obligating us topay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to anyThird-Party Accounts, you understand that (1) we may access, make available, andstore (if applicable) any content that you have provided to and stored in your Third-Party Account (the ‘Social Network Content’) so that it is available on and throughthe Services via your account, including without limitation any friend lists and (2) wemay submit to and receive from your Third-Party Account additional information tothe extent you are notified when you link your account with the Third-Party Account.Depending on the Third-Party Accounts you choose and subject to the privacysettings that you have set in such Third-Party Accounts, personally identifiableinformation that you post to your Third-Party Accounts may be available on andthrough your account on the Services. Please note that if a Third-Party Account orassociated service becomes unavailable or our access to such Third-Party Accountis terminated by the third-party service provider, then Social Network Content mayno longer be available on and through the Services. You will have the ability todisable the connection between your account on the Services and your Third-PartyAccounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THETHIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTYACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCHTHIRD-PARTY SERVICE PROVIDERS. We make no effort to review any SocialNetwork Content for any purpose, including but not limited to, for accuracy, legality,or non-infringement, and we are not responsible for any Social Network Content.You acknowledge and agree that we may access your email address bookassociated with a Third-Party Account and your contacts list stored on your mobiledevice or tablet computer solely for purposes of identifying and informing you ofthose contacts who have also registered to use the Services. You can deactivatethe connection between the Services and your Third-Party Account by contacting ususing the contact information below or through your account settings (if applicable).We will attempt to delete any information stored on our servers that was obtainedthrough such Third-Party Account, except the username and profile picture thatbecome associated with your account.

13. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services forviolations of these Legal Terms; (2) take appropriate legal action against anyonewho, in our sole discretion, violates the law or these Legal Terms, including withoutlimitation, reporting such user to law enforcement authorities; (3) in our solediscretion and without limitation, refuse, restrict access to, limit the availability of, ordisable (to the extent technologically feasible) any of your Contributions or anyportion thereof; (4) in our sole discretion and without limitation, notice, or liability, toremove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwisemanage the Services in a manner designed to protect our rights and property andto facilitate the proper functioning of the Services.

14. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE ORLIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDINGBLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON ORFOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGALTERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE

YOUR ACCOUNTAND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowed name,or the name of any third party, even if you may be acting on behalf of the third party.In addition to terminating or suspending your account, we reserve the right to takeappropriate legal action, including without limitation pursuing civil, criminal, andinjunctive redress.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services atany time or for any reason at our sole discretion without notice. However, we haveno obligation to update any information on our Services. We also reserve the rightto modify or discontinue all or part of the Services without notice at any time. We willnot be liable to you or any third party for any modification, price change,suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experiencehardware, software, or other problems or need to perform maintenance related tothe Services, resulting in interruptions, delays, or errors. We reserve the right tochange, revise, update, suspend, discontinue, or otherwise modify the Services atany time or for any reason without notice to you. You agree that we have no liabilitywhatsoever for any loss, damage, or inconvenience caused by your inability toaccess or use the Services during any downtime or discontinuance of the Services.Nothing in these Legal Terms will be construed to obligate us to maintain andsupport the Services or to supply any corrections, updates, or releases inconnection therewith.

16. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of HongKong. Apocalypse Digital and yourself irrevocably consent that the courts of HongKong shall have exclusive jurisdiction to resolve any dispute which may arise inconnection with these Legal Terms.

17. DISPUTE RESOLUTION

You agree to irrevocably submit all disputes related to these Legal Terms or thelegal relationship established by these Legal Terms to the jurisdiction of the HongKong courts. Apocalypse Digital shall also maintain the right to bring proceedings asto the substance of the matter in the courts of the country where you reside or, ifthese Legal Terms are entered into in the course of your trade or profession, thestate of your principal place of business.

18. CORRECTIONS

There may be information on the Services that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, and variousother information. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information on the Services at any time,without prior notice.

19. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TOTHE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THEACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THECONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THESERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANYUNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANYAND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STOREDTHEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO ORFROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKEWHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRDPARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT ANDMATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS ARESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ORSERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THESERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILEAPPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WEWILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORINGANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OFPRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT ORSERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USEYOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHERDAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDINGANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOUFOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THEACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOUTO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTIONARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOWLIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OFCERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THEABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAYHAVE ADDITIONAL RIGHTS.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, and employees, fromand against any loss, damage, liability, claim, or demand, including reasonableattorneys’ fees and expenses, made by any third party due to or arising out of: (1)use of the Services; (2) breach of these Legal Terms; (3) any breach of yourrepresentations and warranties set forth in these Legal Terms; (4) your violation ofthe rights of a third party, including but not limited to intellectual property rights; or(5) any overt harmful act toward any other user of the Services with whom youconnected via the Services. Notwithstanding the foregoing, we reserve the right, atyour expense, to assume the exclusive defence and control of any matter for whichyou are required to indemnify us, and you agree to cooperate, at your expense, withour defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becomingaware of it.

22. USER DATA

We will maintain certain data that you transmit to the Services for the purpose ofmanaging the performance of the Services, as well as data relating to your use ofthe Services. Although we perform regular routine backups of data, you are solelyresponsible for all data that you transmit or that relates to any activity you haveundertaken using the Services. You agree that we shall have no liability to you forany loss or corruption of any such data, and you hereby waive any right of actionagainst us arising from any such loss or corruption of such data.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constituteelectronic communications. You consent to receive electronic communications, andyou agree that all agreements, notices, disclosures, and other communications weprovide to you electronically, via email and on the Services, satisfy any legalrequirement that such communication be in writing. YOU HEREBY AGREE TO THEUSE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHERRECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ANDRECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THESERVICES. You hereby waive any rights or requirements under any statutes,regulations, rules, ordinances, or other laws in any jurisdiction which require anoriginal signature or delivery or retention of non-electronic records, or to paymentsor the granting of credits by any means other than electronic means.

24. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on theServices or in respect to the Services constitute the entire agreement andunderstanding between you and us. Our failure to exercise or enforce any right orprovision of these Legal Terms shall not operate as a waiver of such right orprovision. These Legal Terms operate to the fullest extent permissible by law. Wemay assign any or all of our rights and obligations to others at any time. We shallnot be responsible or liable for any loss, damage, delay, or failure to act caused byany cause beyond our reasonable control. If any provision or part of a provision ofthese Legal Terms is determined to be unlawful, void, or unenforceable, thatprovision or part of the provision is deemed severable from these Legal Terms anddoes not affect the validity and enforceability of any remaining provisions. There isno joint venture, partnership, employment or agency relationship created betweenyou and us as a result of these Legal Terms or use of the Services. You agree thatthese Legal Terms will not be construed against us by virtue of having drafted them.You hereby waive any and all defences you may have based on the electronic formof these Legal Terms and the lack of signing by the parties hereto to execute theseLegal Terms.

25. CONTACT US

In order to resolve a complaint regarding the Services or to receive furtherinformation regarding use of the Services, please contact us at:

West Wing, 2/F, 822 Lai Chi Kok Road, Lai Chi Kok,

Kowloon, Hong Kong

info@everybodygoshopping.om

Shop
0 Wishlist
0 Cart