TERMS AND CONDITIONS
Last Updated Date: Sep 05, 2025
Effective Date: Sep 05, 2025
Welcome to the online shop operated by CHALOVELO.
These terms and conditions ( “Agreement” or “Terms” ) govern your use of this website, any other written, electronic, and oral communications with CHALOVELO, or any websites, pages, features, or content owned and operated by us ( “Services” ).
Before exploring the CHALOVELO website or proceeding to buy any products online, please carefully read all legal information about your visit. THIS VISITING TO OUR WEBSITE OR USING THE SERVICES MEANS YOU FULLY UNDERSTAND AND ACCEPT ALL THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. In addition to these Terms, you agree to abide by any supplemental policies and terms related to our Service, including without limitation our Privacy Policy.
PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND CHALOVELO. IT INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. IT ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE REVIEW SECTION 12 FOR DETAILS.
1 General
1.1 Services. The CHALOVELO website is provided by PRIVATE EDEN LIMITED. Where applicable, “CHALOVELO” , the "Company" , "we" , "us" and "our" shall refer to Private Eden Limited and its affiliates and "you" or "your" shall refer to the user of the Services.
1.2 Supplemental Terms. Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms, such as our Privacy Policy, Coupon Policy and Return Policy ( “Supplemental Terms” ), the terms of which are hereby incorporated by reference. If these Terms are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to the applicable Services.
1.3 Updates to the Terms. We reserve the right to modify or revise these Terms from time to time. Please review these Terms regularly to ensure you are aware of any changes. Your continued use of the Service following the posting of revisions will constitute your acceptance of any such changes or revisions. IF YOU DO NOT AGREE TO ANY CHANGE(S), YOU SHALL STOP USING THE SERVICES.
2 USE OF OUR SERVICES
2.1 Use of Services. Subject to the terms and conditions of this Agreement, CHALOVELO hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services for the purpose of personal, non-commercial, purchasing the CHALOVELO products sold on the CHALOVELO online shop and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.2 Limitations. Except as permitted as the article 2.1, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Services at any time with or without cause. In addition, from time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.
2.3 Age Requirement. The CHALOVELO website is intended solely for visiting by an adult audience. YOU MUST BE THE LEGAL AGE 18, IF NOT, PLEASE KINDLY LEAVE THE CHALOVELO WEBSITE.
2.4 User Account Creation. In order to access some features available on the Services, you will have to create an account (“User Account”). The information and details you submit to CHALOVELO are true and correspond to reality. You may not use another person’s User Account.
2.5 User Account Management. You agree that you are responsible for all activities under your User Account, and for maintaining the confidentiality of your password and identification, and restricting access to your devices so that others may not access our Services in violation of these Terms. You will be solely responsible for all use of the Services by anyone using your password and identification whether or not such access to and use of this website is actually authorized by you, including without limitation, all communications and transmissions and all obligations. You agree to immediately notify us of any unauthorized use of your User Account, password, or any other breach or threatened breach of the CHALOVELO website’s security.
In no event will we be liable for any loss, theft or fraudulent use of your User Account. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Services and your User Account, including without limitation, terminating your User Account, changing your password or requesting information to authorize transactions on your User Account.
2.6 User Account Termination. From time to time, we may restrict access to some or all parts of the Services, including the ability to upload documents, make payments, or send messages. We may terminate your Account at any time, in our sole discretion, without cause or notice, or if we believe you have breached these Terms. You may terminate your account at any time, for any reason, by following any such instructions within the CHALOVELO website, or by contacting us.
2.7 Promotional and Marketing Notices. By creating a User Account with us, you acknowledge that we may send you promotional or marketing emails, text messages or other kinds of notices from time to time. If you do not wish to receive those promotional or marketing notice , please contact us to unsubscribe.
3 PROHIBITED ACTIVITIES
3.1 Lawful Use. The CHALOVELO website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law. You are solely responsible for making sure that your use of the CHALOVELO website and/or the Service violates no applicable law, regulations or third-party rights.
3.2 Prohibition. CHALOVELO reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this CHALOVELO website or the Service, terminating contracts, terminating User Account, reporting any misconduct performed through the CHALOVELO website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
(1) Interfering with or disrupting the Service.
(2) Accessing or using the Service in an unlawful way or for any unlawful purpose.
(3) Violating laws, regulations and/or the Terms.
(4) Infringing any third-party rights.
(5) Impairing the CHALOVELO’s legitimate interests.
(6) Attempting to conceal or misrepresent the identity of the sender or person submitting the information, impersonating another person, or otherwise invade someone’s privacy.
(7) Disrupting the normal flow of the Services or using the Services in any manner that could disable, overburden, damage, or impair the CHALOVELO website or any other party’s use of the Services.
(8) Posting or transmitting executable programming of any kind, including viruses, malware, spyware, trojan horses, Easter eggs, or any other form of computer programming ,disabling mechanism or other malicious code.
(9) Using any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;
(10) Collecting or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
(11) Transmitting through the Services any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers.
(12) Using the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes.
3.3 User Generated Content. When you transmit, post, upload, share, or otherwise contribute any content, including Submissions, to the Services, such contributed content shall be considered as user-generated content ( “UGC” ) to the extent that such content is visible to or accessible to any other Site or App visitors or users. You agree not to contribute any UGC that could reasonably be considered to entail, contain, provide or promote any of the following:
(1) Disclosure of another person’s personal information, the publication of which would illegal, or otherwise be construed as harassment;
(2) Sexually explicit or pornographic content;
(3) Profanity;
(4) Derogatory, discriminatory or hateful comments or incitements against specific individuals or groups based on race, national or ethnic origin, color, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered;
(5) Incitements to violence or other dangerous activities;
(6) Terrorism or other criminal activities;
(7) Insensitive or offensive comments related to natural disasters, atrocities, health crisis, deaths, conflicts or other tragic events;
(8) Harassment, bullying, or threats;
(9) Dangerous products, illicit drugs, or inappropriate use or sale of tobacco and/or alcohol;
(8) Spam;
(9) False or misleading information or claims pertaining to products made available for purchase on the Services;
(10) Transactions in cryptocurrencies;
(11) False medical-related claims or contents;
(12) Content that infringes intellectual property rights;
(13) Content that you are not authorized to, or don’t have a legal right to, share, post, or otherwise display; or
(14) Any other content that could be considered illegal, offensive or restricted under applicable laws or regulations.
You further acknowledge and agree that CHALOVELO, in its sole discretion, may remove, block any UGC for any reason, in its sole discretion, including any UGC that it determines violate the above requirements. Posting UGC in violation of these Terms, may lead to the suspension or subsequent termination of your access to all or part of our Services. You acknowledge and agree that CHALOVELO is not obligated to police or actively review UGC prior to its display on the Services, and that you are therefore solely responsible for the UGC you elect to post on the Services.
4 PURCHASES
4.1 Products. The CHALOVELO products listed on our website are exclusive of CHALOVELO, and are subject to protection of one or several patents and/or registered designs. Product designs and colors of products displayed on our website may be modified as required. You may not distribute or resell any CHALOVELO products, unless you are specifically authorized under contract by CHALOVELO to do so.
4.2 Prices All product prices listed on the Services are exclusive of shipping charges and local sales tax and other taxes or fees (where applicable) which will be charged to you separately at the applicable rate on each order. Similarly, any other regulatory fees that may be required by the location where your order is to be delivered will be charged to you separately, if applicable. Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have confirmed.
4.3 Orders. All deliveries, services and contracts for customers are done via our CHALOVELO online shop on the exclusive basis of these Terms. Your placing an order online represents an offer to purchase goods as indicated by you but is not binding on us until you have been notified by our email or other kinds of notice that an order is accepted. This means that if goods shown on the CHALOVELO website are unavailable, incorrectly priced or otherwise incorrectly described, CHALOVELO shall not be obliged to sell you those goods. A contract shall be deemed entered by both parties when you receive notification that CHALOVELO has confirmed and accepted your order. If you detect an error in your order after the completion of the payment process, you should immediately contact us to correct the error.
4.4 Colors. We make reasonable efforts to display, as accurately as possible, the colors of our products that appear on the Services. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be an accurate depiction of the color of the color of the product you selected to purchase.
4.5 Address. Unless otherwise indicated, we are only able to ship to one shipping address per order. If you'd like to ship to multiple addresses, please place separate orders for each unique address. Please make sure your address is correct. Once in transit, we cannot redirect shipments to a new or different address. If you order is returned for an invalid or incorrect address your order will be returned to stock and the order refunded less any shipping charges and other fees (if any).
4.6 Packing. Unless otherwise provided, we will comply only with commercially reasonable minimum packing standards for the method of transportation you have selected. The cost of all special packing, loading or bracing requested by you will be paid for by you.
4.7 Shipping and Delivery. Although some of the products may be available to be shipped from a location within your country, other products may be shipped from outside of Your country. For orders with more than one item, we may split your order into several packages according to stock levels at our own discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. If you have not received your delivery within our promised time, please contact us.
4.7 Customs. In accordance with Customs regulations, customers must provide valid and accurate data, including but not limited to names and addresses. It is the customer’s sole responsibility for the accuracy of data that they provide to us. Should any information be incorrect and prevent any shipment or deliveries or customs clearance, we will not be held responsible and will not offer any compensation in such cases.
4.8 Risk of Loss. Delivery to carrier shall constitute delivery to you, and thereafter risk of loss or damage shall pass to you. Any claim relative to damage during shipping or delivery should be made to CHALOVELO first and then assumed by the carrier. Any legitimate claims arising from loss or damage during delivery of the order by the carrier to your delivery address must be made to CHALOVELO Customer Service within five (5) days after you received the goods or should have received the goods (in case of lost goods). If we determine that your claim is valid, at our discretion, we will either replace the item that was damaged or lost during shipment, or we will reimburse you the purchase price and shipping cost paid (provided that the shipping cost did not include other items that were delivered without damage).
4.9 Title. Title and right of possession to the goods sold hereunder shall remain with CHALOVELO until all payments hereunder, including deterred payments evidenced by notes or otherwise, Interest, carrying charges, shall have been made in cash and you will no longer ask for any return of products or make any claims against CHALOVELO.
4.10 Returns. If there are quality problems with the product, you can apply for a return. The exact return period and return policy differs from country to country. Please read our Return Policy or contact us for the detailed information. Customers returning goods are responsible for return shipping/freight charges. Refunds, will not be issued for products that have not been purchased directly through our Services. We reserve the right to deny a return. We may use any means available to us, including coordination with other companies, to determine if you are abusing our policy. This decision is made in our sole discretion and determination.
4.11 Errors. While we strive to provide accurate information on the Services, errors, inaccuracies, or omissions, including those that relate to pricing, product descriptions, availability, and offers may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on the Services is inaccurate at any time without prior notice, including after your order has been submitted.
5 PRIVACY AND SECURITY
Your privacy and the protection of your personal data are very important to us. For a detailed description of how we collect and use your personal data, please see our Privacy Policy where you can familiarize yourself with the choices you can make in relation to your personal data. By using the Service, you acknowledge your awareness of your rights and obligations defined in our Privacy Policy and undertake to act in accordance with all applicable laws and regulations related to personal data and data security.
6 INTELLECTUAL PROPERTY AND OWNERSHIP
6.1 Content. The Services, including all features and materials, such as the text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features provided as part of the Services (collectively, “Content” ), as well as the design of any products offered on the Services, may be the property of CHALOVELO or others and protected by copyright and/or other intellectual property laws. You may only access the Content as permitted under these Terms.
6.2 Marks. The trademark CHALOVELO and other trademarks, service names, logos, designs, phrases, page headers, button icons, and scripts used by CHALOVELO in connection with the Services, are trademarks, service marks, and trade dress of CHALOVELO (collectively, the “Marks” ) . No right, title, or interest in or to any of the Marks is transferred to you and all rights not expressly granted are reserved. The Marks may not be used by you without the express written permission of CHALOVELO.
6.3 Rights Reserved. The Content on the Services is intended solely for personal, non-commercial use. You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Content, software, products or service contained on the Services without the prior written consent of the Company or the respective owners. You may not use any of the Content to further any commercial purpose, including any advertising or advertising revenue generation on your own website, social media account or in any other form or medium.
6.4 Reviews, Comments and Submissions. Except as otherwise provided elsewhere in this Agreement or on the Services, anything that you submit or post to the Services and/or provide to the Site or App, including, without limitation, images, videos, information, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions” ) is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the Submissions and all intellectual property rights related thereto to CHALOVELO (and its affiliates, assignees, or survivors in interest) on a non-exclusive basis without charge and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You warrant that you have all necessary rights and authorizations to provide, upload, and submit your Submissions and to grant the rights and licenses to Submissions that you grant under these Terms. You undertake to defend and indemnify the Company against any losses caused due to the use of the Submissions as authorized herein.
7 THIRD PARTY LINKS AND RESOURCES
7.1 The Services may contain links to third-party sites that are not owned or controlled by us. References on our Site and App to any names, marks, products or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.
7.2 We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile app platform with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
8 EVENTS BEYOND OUR CONTROL
8.1 We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ( “Force Majeure” ). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
(1) Strike, lockout, or other forms of protest.
(2) Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
(3) Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
(4) Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
(5) Inability to use public or private telecommunication systems.
(6) Acts, decrees, legislation, regulations or restrictions of any government or public authority.
(7) Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.
8.2 It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfil our obligations under the Terms despite the Force Majeure.
9 LIMITATION OF LIABILITY
9.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL CHALOVELO BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, LOSS OF BUSINESS OR MANAGEMENT TIME, BUSINESS INTERRUPTION, LOSS OF INCOME OR SALES, OPERATING LOSS, LOSS OF PROFITS OR CONTRACTS, LOSS OF FORECAST SAVINGS, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT CHALOVELO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION SUCH DAMAGES FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO, LOSS OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
9.2 Cap on Liability. UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, TO THE FULLEST EXTENT PROVIDED BY LAW, CHALOVELO WILL NOT BE LIABLE TO YOU ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY PRODUCT PURCHASED ON THE SERVICES FOR MORE THAN THE PURCHASE PRICE OF SUCH PRODUCT. FOR ALL OTHER CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CHALOVELO’S LIABILITY TO YOU EXCEED HK$100.
9.3 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CHALOVELO AND YOU.
10 DISCLAIMERS OF WARRANTIES
10.1 Listing Information is Provided “As Is”. Due to the open nature of the Services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services, unless otherwise indicated expressly on the Services. All product descriptions, information and materials shown on the Services are provided “as is”, with no express or implied warranties or conditions of the same, except those that may not be excluded by applicable law.
10.2 Products Sold by CHALOVELO. CHALOVELO is obliged to deliver such product in conformity with the mutually intended transaction, in accordance with commercial reasonable expectations, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they: (i) comply with the description given by us and possess the qualities that we have presented in this Site; (ii) are fit for the purposes for which goods of this kind are normally used; and (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected.
TO THE FULLEST EXTENT PERMITTED BY LAW, CHALOVELO HEREBY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND CONDITIONS (WHETHER EXPRESS OR IMPLIED) WITH RESPECT TO PRODUCTS SOLD BY CHALOVELO, EXCEPT THOSE THAT MAY NOT BE EXCLUDED BY LAW.
10.3 Services is Provided “As-Is”. BY USING THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND APP, ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE SERVICES, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, LEGALITY, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
11 INDEMNITY
You agree to defend, indemnify and hold CHALOVELO (and its subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from and against any third person’s claims, demands, expenses (including attorneys’ fees), losses or requests for damages resulting from or arising from:
(1) Your use of and access to the Service, including any data or content transmitted or received.
(2) Your violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms.
(3) Y our violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights.
(4) Y our violation of any statutory law, rule, or regulation.
(5) Any content that is submitted from your User Account, including third party access with your unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
(6) Your willful misconduct.
(7) Your breach of these Terms, or your violation of any applicable laws or third party’s rights.
We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
12 APPLICABLE LAW AND LEGAL DISPUTES
PLEASE READ THE FOLLOWING CLAUSES CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
12.1 Applicable Law. These Terms along with your use of the Services and the purchase of products through Services shall be governed by the laws of Hong Kong, the PRC, without regard to or application of its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the agreement.
12.2 Arbitration Agreement. Any controversy, dispute, disagreement or claim arising from or in connection with the Terms, including the existence, validity, interpretation, performance, breach or termination of, or non-contractual disputes arising from or in connection with the Terms ("Claims") must and shall only be submitted to Hong Kong International Arbitration Center ("HKIAC") for arbitration in accordance with HKIAC's arbitration rules in force at the time of submission of the arbitration notice. The arbitration award shall be final and binding upon both parties. The governing law of this arbitration clause shall be the laws of the Hong Kong Special Administrative Region of the People's Republic of China. The place of arbitration shall be the Hong Kong Special Administrative Region of the People's Republic of China. The number of arbitrators shall be three. The arbitration procedure shall be conducted in Chinese.
12.3 CLASS ACTION WAIVER. YOU AGREE THAT ALL CLAIMS SHALL BE FILED IN THE CAPACITY OF INDIVIDUALS INSTEAD OF SO-CALLED COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFFS OR PLAINTIFFS OR MEMBERS OF SIMILAR PROCEEDING (" CLASS ACTION "). YOU EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM.
If the claim enters into arbitration, the arbitrator will not be entitled to consolidate or summarize any Class Action or to conduct any Class Action, nor to adjudicate on any person or entity that is not a party to the arbitration.
Any claim asserting that the waiver of this Class Action is unenforceable, unreasonable or invalid in part or in whole shall only be determined by a court of competent jurisdiction in Hong Kong, the PRC and not by an arbitrator.
If such class-action waiver is found unenforceable, the arbitrator may grant declaratory or injunctive relief only to the individual seeking relief and provide such relief only to the extent necessary.
12.4 WAIVER OF JURY TRIAL. YOU WAIVE ANY RIGHTS TO A JURY TRIAL IF A CLAIM IS FOR ANY REASON MADE IN COURT OTHER THAN IN ARBITRATION.
12.5 EXCLUSIVE VENUE. TO THE EXTENT THE PARTIES ARE PERMITTED UNDER THIS AGREEMENT TO INITIATE LITIGATION IN A COURT, YOU AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE LITIGATED EXCLUSIVELY IN THE COURTS LOCATED IN HONG KONG, THE PRC.
13 COMMUNICATIONS
13.1 Electronic Communications. The communications between you and CHALOVELO may take place via electronic means, whether you visit the Services or send CHALOVELO e-mails, or whether CHALOVELO posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from CHALOVELO in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CHALOVELO electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
13.2 Notice. Where CHALOVELO requires that you provide an e-mail address, you are responsible for providing CHALOVELO with a valid and current e-mail address. In the event that the e-mail address you provided to CHALOVELO is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, CHALOVELO’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may contact us anytime via CHALOVELO Customer Service.
14 LEGAL TERMS
14.1 Interpretation. In construing or interpreting the Terms, headings are for convenience only, and not to be considered.
14.2 Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
14.3 Entire Agreement. These Terms, together with our Privacy Policy , and any other legal notices and polices published on the Site or App, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions, and writings regarding the Services.
14.4 No Waiver. If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
14.5 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.