Terms & Conditions
Overview
This website is operated by [Company Name]. Throughout this site, we offer you (the user) this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 – Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during network transmission.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 – Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. You should consult more authoritative, more accurate, more complete or more timely sources of information before making any decisions. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 – Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 – Products or Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offered on this website is void where prohibited by law.
We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Section 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Please see our Return Policy for more details.
Section 7 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 – Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not responsible for any damages or losses arising from the purchase or use of goods, services, resources, content, or any other transactions related to any third-party websites. Please carefully read and understand the third party’s policies and terms before engaging in any transactions. For complaints, claims, concerns, or questions regarding third-party products, please contact the third party directly.
Section 9 – User Comments, Feedback and Other Submissions
If, at our request, you submit specific content (e.g., contest entries), or if you voluntarily submit creative ideas, suggestions, proposals, plans, or other materials (collectively, “Comments”), whether online, by email, by mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any Comments that you submit in any medium. We are under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may (but have no obligation to)
monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
User Content License.
We may provide you with the opportunity to submit, post, or display content, such as photographs, images, text, materials, information, data, opinions, messages, notes, graphics, designs, social media posts or other social media assets, or any other content (“User Content,” “User Generated Content,” or “UGC”). You may submit User Content in the following ways: (i) by directly uploading User Content to this website; (ii) by replying #YESBP or #YESPRIMITIVE (or replying in any other affirmative manner) to our request to use your User Content posted on Instagram or Twitter; (iii) or by sending us User Content or allowing us to use User Content in any other way (collectively, “Submission”). By submitting User Content, you automatically grant to [Company Name], its affiliates, assignees, licensees, and their third-party service providers (collectively, the “Licensees”) the relevant rights. You grant the Licensees a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free, fully paid-up license to use the User Content and your image, likeness, username, social media account, real name, title, location, or other identifying information associated with your User Content in any manner, without any obligation to you, for any lawful purpose, including but not limited to any commercial advertising/marketing, in any manner or media whatsoever (including media now or hereafter developed), whether online or offline. The Licensees have the right to display, reproduce, modify, translate, create derivative works from, distribute, transfer, commercialize, and sublicense the User Content to third parties for their lawful purposes. The Licensees are under no obligation to display, publish, or otherwise use any User Content, nor are they obligated to exercise any of the rights granted herein, but they may do so at their sole discretion. By submitting User Content, you represent and warrant that: (i) you own or control the unrestricted, transferable rights related to your User Content; (ii) you have obtained all necessary permissions from all relevant individuals; (iii) you agree to authorize the Licensees to use the photographic or video images of individuals appearing in your User Content as part of your User Content for commercial purposes; (iv) the Licensees’ use of the User Content will not violate or infringe any law or the rights of any third party; and (v) you have reached the age of legal majority in your jurisdiction of residence. If your user content includes children who have not reached the legal age of majority in their state of residence, you represent and warrant that you are the parent or legal guardian of such child, or that you have obtained the written permission of the child’s parent or legal guardian to provide such photo or video image as part of your user content to the licensor for commercial use. By submitting user content, you agree to release the licensor and any of its representatives from all lawsuits, claims, damages, liabilities, costs, and expenses arising from the licensor’s use of the user content. By submitting user content, you agree to release the licensor from any obligation to pay you any fees for the use of your user content, including any intellectual property and publicity rights contained therein.
Age Restrictions:
You may not use or participate in this platform if you are under thirteen (13) years of age. If you are thirteen (13) years of age or older but under eighteen (18) years of age, you must obtain permission from your parent or legal guardian to use or participate in this platform. By using or participating in this platform, you confirm and agree that you are at least thirteen (13) years of age, or that you are at least thirteen (13) years of age but under eighteen (18) years of age and have obtained permission from your parent or legal guardian, or that you have reached the age of majority in your jurisdiction. Using or participating in this platform also signifies your confirmation and agreement that applicable laws in your jurisdiction permit you to use and/or participate in this platform.
Prohibited Content:
You acknowledge and agree not to send any prohibited content through this platform. Prohibited content includes:
Any fraudulent, defamatory, libelous, scandalous, threatening, harassing, or stalking behavior;
Offensive content, including blasphemous, obscene, pornographic, violent, bigoted, hateful, and discriminatory content based on race, gender, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any products, services, or promotions that are illegal in the place where the product, service, or promotion is received;
Any content involving and/or referencing personal health information protected under the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”); and
Any sensitive or special categories of personal data, including data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data (for the purpose of uniquely identifying a natural person), health data, and data concerning a natural person’s sex life or sexual orientation.
Personal data of individuals under 18 years of age may not be collected without parental consent.
Any other content that violates applicable laws in the place where the email is sent. Dispute Resolution (for SMS recipients within the United States only): If any dispute, claim, or controversy arises between you and us, or between you and Klaviyo or any other third-party service provider acting on our behalf to send mobile messages under this program, relating to or arising out of federal or state law claims, common law claims, this Agreement or its breach, termination, enforcement, interpretation, or validity (including the scope or applicability of this arbitration agreement), then, to the maximum extent permitted by law, such dispute, claim, or controversy shall be resolved by arbitration before a single arbitrator in Virginia Beach, Virginia.
The parties agree to submit the dispute to binding arbitration, and the arbitration proceedings shall be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided in this Agreement, the arbitrator shall apply the substantive law of the federal judicial circuit in which the principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after service of the arbitration demand on a party, the parties must jointly select an arbitrator with at least five years of arbitration experience and familiarity with the subject matter of the dispute. If the parties fail to agree on an arbitrator within ten (10) calendar days, either party may request the AAA to appoint an arbitrator who meets the same experience requirements. The arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties agree that the AAA rules regarding emergency protective measures shall apply in lieu of seeking emergency injunctive relief from a court. The arbitrator’s award shall be final and binding, and neither party shall have the right to appeal except as provided in Section 10 of the Federal Arbitration Act (FAA). Each party shall bear its own costs of the arbitrator and the arbitration administration; however, the arbitrator shall have the power to order one party to pay all or a portion of such costs in a reasoned award. The parties agree that the arbitrator shall only have the power to award attorneys’ fees to the extent expressly authorized by law or contract. The arbitrator shall not have the power to award punitive damages, and the parties hereby waive any right to seek or recover punitive damages in connection with any dispute resolved by arbitration. The parties agree that either party may only bring claims against the other party in an individual capacity through arbitration, and not as a plaintiff or class member in any purported class action or representative proceeding. Furthermore, unless otherwise agreed in writing by both parties, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding.
Except as otherwise required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, except as necessary to protect or exercise legal rights. If any term or provision of this section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this section or render such term or provision invalid or unenforceable in any other jurisdiction. If for any reason a dispute proceeds in court rather than arbitration, the parties hereby waive the right to a jury trial. This arbitration clause shall survive the cancellation or termination of your agreement to participate in any of our programs.
- Disclaimer; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You
expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service (except as expressly stated by us) are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement. In no event shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
— Indemnification
You agree to indemnify, defend and hold harmless [Company Name] and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
— Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
— Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our website. If we unilaterally determine that you have failed to comply with, or we suspect that you have failed to comply with, any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will still be liable for all amounts due up to and including the date of termination; and/or we may refuse you access to our services (or any part thereof).
- Complete Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong.
For any inquiries, please contact us:
Company Name: FARTENT TECH DEVELOPMENT LIMITED
Company Address: RM A8, UNIT A, 5/F TAK WING IND BLDG 3 TSUN WEN RD TUEN MUN HONG KONG
Email: [email protected]