Terms of Use

TERMS OF USE (Last updated July, 2018)

Welcome to the website and/or its mobile sites and applications (the "Site") owned and operated by CleanBazaar Limited (the "Company"). By accessing and using this Site, you agree to be bound by these Terms of Use ("Terms of Use"). If you do not agree with these Terms of Use, please refrain from using the Site.

Please take the time to read these Terms of Use, along with the Privacy Notice and any other policies or agreements referenced herein, before using the Site. Your use of the Site constitutes your acceptance of these Terms of Use, including the arbitration agreement and class action waiver described in the dispute resolution section below.

Data Integrity

You are responsible for providing accurate, current, and complete information when using this Site or interacting with the Company through any other means. It is your responsibility to update and correct any information you have provided on this Site, as necessary.

Privacy Notice

The collection, use, disclosure, and processing of personal information on this Site are governed by the Privacy Notice located at http://www.CleanBazaar.com. By using this Site, you consent to the collection, storage, and processing of your personal information in accordance with the terms of the Privacy Notice.

License and Site Access

All content available on this Site, including text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, is the exclusive property of the Company, its licensors, or its content providers, and is protected by copyright, trademark, and other applicable laws.

The Company grants you a limited license to access and use this Site for personal, non-commercial purposes. You may access, copy, download, and print the content available on this Site, provided you do not modify or delete any copyright, trademark, or other proprietary notices. The Company retains full title to the content available on the Site, including all associated intellectual property rights, and may revoke this license at any time in its sole discretion. Any other use of the content available on the Site is strictly prohibited, including but not limited to:

Using the content or the Site for purposes competitive to the Company or for the benefit of another vendor or any third party.
Caching, unauthorized linking to the Site, or framing any content available on the Site.
Modifying, distributing, transmitting, performing, publishing, licensing, reverse engineering, creating derivative works from, or selling any content, products, or services obtained from the Site without the necessary rights.
Uploading, posting, or transmitting any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer.
Using any hardware or software intended to intercept or obtain information from the Site without permission.
Taking any action that may impose an unreasonable or disproportionately large load on the Company's infrastructure or interfere with the proper functioning of the Site.
You are responsible for obtaining access to the Site and providing the necessary equipment to do so. You may not bypass any measures implemented to prevent or restrict access to the Site. Unauthorized access to the Site may result in the termination of your permission to use the Site.

The Company reserves the right to refuse or cancel a person's registration, remove individuals from the Site, or limit or terminate access to the Site without notice. The Company does not warrant that your use of the content available on this Site will not infringe on the rights of third parties. Termination of access or use does not waive or affect any other rights or remedies available to the Company.

Content Submission

By submitting content through the Site, you acknowledge and accept full responsibility for the legality, reliability, appropriateness, originality, and copyright of the content. You are prohibited from uploading, distributing, or publishing any confidential, proprietary, privacy-invading, or infringing content on this Site. Content that is unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially or ethnically objectionable, or violates any applicable laws, is also strictly prohibited.

You agree not to use a false email address or other identifying information, impersonate any person or entity, or mislead as to the origin of any content.

Regarding any content you submit, post, upload, publish, or make available through the Site (excluding personal information handled according to the Privacy Notice), 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 part thereof in any media. Please note that such content will not be treated as confidential. By submitting content, you represent, warrant, and agree that: (i) you have the full right to grant such a license to the Company, including any text, images, music, or video contained in the content; and (ii) the Company is free to exercise its rights to and/or implement your content without obtaining permission or license from any third party, without reference to you or any other person.

Links

The Site may contain links to other websites or resources operated by third parties not affiliated with the Company. These links are provided for convenience and additional access to information. The Company is not responsible or liable for any content, advertising, products, or other materials available on or from such sites or resources. Inclusion of links should not be seen as an endorsement of the content of linked sites or resources. Different terms, conditions, and privacy policies may apply to your use of linked sites or resources. The Company is not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with the use or reliance on any content, products, or services available through linked sites or resources.

Disclaimers

Unless expressly provided otherwise 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 does not make any representations, covenants, warranties, or conditions, express or implied, regarding any matter, including without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of any content on the Sites or any products or services purchased through the Company Sites. Additionally, the Company does not provide any warranties implied from a course of performance or course of dealing.

Your use of this Site is at your own risk. The Site and the materials, information, services, and products provided on this Site are provided on an "as is" and "as available" basis. The Company reserves the right to restrict or terminate your access to the Site or any feature or part thereof at any time. The Company disclaims any warranties that access to the Site will be uninterrupted or error-free, that the Site will be secure, that the Site or the server making it available will be virus-free, or that the information on the Site will be correct, accurate, adequate, useful, timely, reliable, or complete. If you download any content from this Site, you do so at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data resulting from the download of such content.

Limitation of Liability

By using the site, communicating with third parties, and purchasing and using products and services available through the Company sites, you acknowledge and accept full responsibility. You understand that any information transmitted or received during your use of the site may not be secure and could be intercepted by unauthorized parties. Your use of the site is entirely at your own risk, and the site is provided to you free of charge. Therefore, to the fullest extent permitted by applicable law, including consumer protection law, neither the Company nor its licensors, suppliers, or third-party content providers (collectively referred to as "Company Parties") will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential, or other damages arising from or related to the following:

This site or any other site or resource accessed through a link from this site.
Any action taken or not taken as a result of communications sent to us.
Any products or services made available or purchased through the Company sites, including damages or injury arising from the use of such products or services (including product liability).
Any delay or inability to use the site or any information, products, or services advertised on or obtained through the site.
The modification, removal, or deletion of any content submitted or posted on the site.
Any use of the site, 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 your responsibility to evaluate the accuracy, completeness, or usefulness of any opinions, advice, or other content available through the site or obtained from a linked site or resource. This disclaimer applies to any damages or injury arising from failures of performance, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, computer viruses, file corruption, communication-line failures, network or system outages, loss of profits, theft, destruction, unauthorized access, alteration of records or data, and any other tangible or intangible loss. You acknowledge and agree that the Company Parties shall not be liable for any defamatory, offensive, or illegal conduct of any user of the site. Your only remedy for any of the above claims or disputes with the Company is to discontinue your use of the site.

You and the Company agree that any cause of action arising from or related to the site must be commenced within one (1) year after the cause of action accrues or is permanently barred. However, please note that some jurisdictions may not allow limitations on how long an implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not fully apply to you.

Indemnification

You agree to indemnify and hold harmless the Company Parties from any fines, penalties, liabilities, losses, and other damages, including attorneys' and experts' fees, arising from:

Your breach of these Terms of Use.
Your breach of the Terms of Purchase.
Fraud, intentional misconduct, or gross negligence committed by you.
Your violation of any applicable law or the rights of a third party.
The Company Parties will have control over the defense of any claim covered by this indemnity, and you shall not settle any claim without the prior written approval of the Company Parties.

Electronic Communications

By using the site or sending emails to the Company, you are consenting to receive electronic communications related to your use of the site. The Company may communicate with you via email or by posting notices on the 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. Any notices from the Company intended for customers will be deemed delivered and effective when sent to the email address you provide on any of the Company Sites.

Site Postings

The Site may offer users the ability to post messages. The Company is not obligated to review any content, including messages, posted on or sent through the Site by users and assumes no responsibility or liability for such content. The Company reserves the right, at its sole discretion, to monitor, not post, or remove any content.

Trademarks and Copyrights

The trademarks, logos, and service marks (collectively referred to as "Marks") displayed on the Site are the property of the Company, its licensors, content providers, or other relevant parties. Any use of the Marks by users or any party acting on their behalf, including as meta tags on other pages or sites, is strictly prohibited without the written permission of the Company or the respective third-party owners of the Marks. You are not permitted to use frames or framing techniques to enclose any content from the Site without the express written consent of the Company. Additionally, you may not utilize any Site content in meta tags or employ other "hidden text" techniques or technologies without the Company's explicit written consent. All content, including software programs, available on or through the Site, is protected by copyright, trademark, and other applicable laws.

Claims of Intellectual Property Infringement

The Company respects the intellectual property rights of others and expects the same from its users. We have implemented a policy that provides for the termination of website users who repeatedly infringe on copyrights or intellectual property. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been violated in any other manner, please provide the Company's Copyright Agent with the following information (the notification must be in writing and sent to our Copyright Agent):

An electronic or physical signature of the authorized person acting on behalf of the copyright or intellectual property owner.
A description of the copyrighted work or other intellectual property that you claim has been infringed, including a representative list if multiple works are involved.
Identification of the infringing material and its location on the Site, along with a request to remove or disable access to the material.
Your contact information, including your address, telephone number, and email address if available.
A statement by you, made under penalty of perjury, that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.
The Company's designated agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

By email:

Copyright Agent c/o CleanBazaar Limited, Legal Department support@CleanBazaar.com

Please note that the Company may update this contact information without prior notice. The current contact information will be posted on the Site.

Survival of Terms After Agreement Ends

Regardless of any provisions or general legal principles to the contrary, any obligations that are intended to continue beyond the expiration or termination of these Terms of Use will survive.

Force Majeure

The Company shall be excused from performing under these Terms of Use or the Terms of Purchase to the extent that performance is prevented or delayed, in whole or in part, by events caused by or resulting from (1) weather conditions or natural elements, (2) acts of war, terrorism, insurrection, riots, civil disorders, 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 under a shipment contract. Consequently, the risk of loss and title for such items transfer to you upon delivery to the carrier.

Dispute Resolution

By using the Site, you unconditionally consent and agree to the following: (i) Any dispute, controversy, difference, or claim arising from or related to this agreement, including its existence, validity, interpretation, performance, breach,

or termination, or any dispute concerning non-contractual obligations arising from or relating to it, shall be referred to and finally resolved by arbitration under the UNCITRAL Arbitration Rules in effect at the time the Notice of Arbitration is submitted. (ii) The arbitration proceedings shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). (iii) The arbitration shall take place in Hong Kong. (iv) The number of arbitrators shall be one, appointed by the Hong Kong International Arbitration Centre. (v) The arbitration proceedings shall be conducted in English.

General

In the event that any provision in these Terms of Use or the Terms of Purchase is deemed invalid, void, or unenforceable for any reason, the parties agree that the court should strive to give effect to the parties' intentions as expressed in the provision. The unenforceable condition shall be considered separate and shall not affect the validity and enforceability of the remaining provisions in these Terms of Use or the Terms of Purchase. Section headings are provided for reference purposes only and do not restrict or limit the scope of the respective sections. The relationship between you and the Company, as well as these Terms of Use or the Terms of Purchase, will be governed by the laws of Hong Kong, to the extent not preempted by or inconsistent with federal law, without regard to its conflict of law provisions. For any actions not subject to arbitration, both parties agree to submit to the personal jurisdiction of a court located in Hong Kong.

The failure of the Company to take action regarding a breach of these Terms of Use or the Terms of Purchase by you or others does not waive the Company's right to take action concerning subsequent or similar breaches. If any content on this Site or your use of the Site violates the laws of the jurisdiction in which you access it, the Site is not intended for your use, and we kindly request that you refrain from using the Site. It is your responsibility to familiarize yourself with the laws of your jurisdiction and ensure compliance with them.

The Company does not guarantee that it will take action against all breaches of these Terms of Use or the Terms of Purchase. Except as expressly provided otherwise in these Terms of Use or the Terms of Purchase, no third parties shall have any rights or benefits under these Terms of Use or the Terms of Purchase.

Changes to These Terms of Use

You acknowledge and agree that the Company reserves the right to modify, add, or remove any part of these Terms of Use at its sole discretion, at any time and in any manner, by posting revised Terms of Use on the Site. Under no circumstances are you allowed to amend or modify these Terms of Use. It is your responsibility to regularly check for any changes we make to the Terms of Use. By continuing to use this Site after any changes to the Terms of Use, you indicate your acceptance of the revised terms.

Assignment

You are not permitted to assign these Terms of Use or the Terms of Purchase (including any rights, benefits, or obligations) by operation of law or otherwise, without the prior written consent of the Company, which may be withheld at the Company's sole discretion. Any attempted assignment that does not comply with these Terms of Use or the Terms of Purchase will be considered null and void. The Company reserves the right to assign these Terms of Use or the Terms of Purchase, in whole or in part, to any third party at its sole discretion.

Entire Agreement and Admissibility

These Terms of Use constitute the entire agreement and understanding between you and the Company regarding the subject matter and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties regarding such subject matter. It is important to note that these Terms of Use apply only to the extent permitted by law.

In certain cases, both these Terms of Use and additional conditions provided in a separate document may apply to a specific service or product offered through this Site ("Additional Terms"). If there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will prevail unless expressly stated otherwise in the Additional Terms.

A printed version of these Terms of Use will be admissible in judicial or administrative proceedings related to the use of this site, on the same basis and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

If you have any questions or comments about these Terms of Use or this Site, please contact the Legal Department of CleanBazaar Limited via email at support@CleanBazaar.com.