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Terms and Conditions
This website is operated by intosmile.Throughout the site, the terms “we”, “us” and “our” refer to ByGoods. ByGoods offers this website, including all information, tools and servicesavailable from this site to you, the user, conditioned upon your acceptance ofall terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasingsomething from us, you engage in our “Service” and agree to be bound by thefollowing terms and conditions (“Terms of Service”, “Terms”), including thoseadditional terms and conditions and policies referenced herein and/or availableby hyperlink. These Terms of Service apply to all users of the site, including without limitation users who arebrowsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Servicecarefully before accessing or using our website. By accessing or using any partof the site, you agree to be bound by these Terms of Service. If you do notagree to all the terms and conditions of this agreement, then you may notaccess the website or use any services. If these Terms of Service areconsidered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are addedto the current store shall also be subject to the Terms of Service. You canreview the most current version of the Terms of Service at any time on thispage. We reserve the right to update, change or replace any part of these Termsof Service by posting updates and/or changes to our website. It is yourresponsibility to check this page periodically for changes. Your continued useof or access to the website following the posting of any changes constitutesacceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, yourepresent that you are at least the age of majority in your state or provinceof residence, or that you are the age of majority in your state or province ofresidence and you have given us your consent to allow any of your minordependents to use this site.
You may not use our products for anyillegal or unauthorized purpose nor may you, in the use of the Service, violateany laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or virusesor any code of a destructive nature.
A breach or violation of any of the Termswill result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service toanyone for any reason at any time.
You understand that your content (notincluding credit card information), may be transferred unencrypted and involve(a) transmissions over various networks; and (b) changes to conform and adaptto technical requirements of connecting networks or devices. Credit cardinformation is always encrypted during transfer over networks.
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 theservice is provided, without express written permission by us.
The headings used in this agreement areincluded for convenience only and will not limit or otherwise affect theseTerms.
SECTION 3 - ACCURACY, COMPLETENESS ANDTIMELINESS OF INFORMATION
We are not responsible if information madeavailable on this site is not accurate, complete or current. The material onthis site is provided for general information only and should not be reliedupon or used as the sole basis for making decisions without consulting primary,more accurate, more complete or more timely sources of information. Anyreliance on the material on this site is at your own risk.
This site may contain certain historicalinformation. Historical information, necessarily, is not current and isprovided for your reference only. We reserve the right to modify the contentsof this site at any time, but we have no obligation to update any informationon our site. You agree that it is your responsibility to monitor changes to oursite.
SECTION 4 - MODIFICATIONS TO THE SERVICEAND PRICES
Prices for our products are subject tochange without notice.
We reserve the right at any time to modifyor discontinue the Service (or any part or content thereof) without notice atany time.
We shall not be liable to you or to anythird-party for any modification, price change, suspension or discontinuance ofthe Service.
SECTION 5 - PRODUCTS OR SERVICES (ifapplicable)
Certain products or services may beavailable exclusively online through the website. These products or servicesmay have limited quantities and are subject to return or exchange onlyaccording to our Return Policy.
We have made every effort to display asaccurately as possible the colors and images of our products that appear at thestore. We cannot guarantee that your computer monitor's display of any colorwill be accurate.
We reserve the right, but are not obligated,to limit the sales of our products or Services to any person, geographic regionor jurisdiction. We may exercise this right on a case-by-case basis. We reservethe right to limit the quantities of any products or services that we offer.All descriptions of products or product pricing are subject to change atanytime without notice, at the sole discretion of us. We reserve the right todiscontinue any product at any time. Any offer for any product or service madeon this site is void where prohibited.
We do not warrant that the quality of anyproducts, services, information, or other material purchased or obtained by youwill meet your expectations, or that any errors in the Service will becorrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNTINFORMATION
We reserve the right to refuse any orderyou place with us. We may, in our sole discretion, limit or cancel quantitiespurchased per person, per household or per order. These restrictions mayinclude orders placed by or under the same customer account, the same creditcard, and/or orders that use the same billing and/or shipping address. In theevent that we make a change to or cancel an order, we may attempt to notify youby contacting the e-mail and/or billing address/phone number provided at the timethe order was made. We reserve the right to limit or prohibit orders that, inour sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete andaccurate purchase and account information for all purchases made at our store.You agree to promptly update your account and other information, including youremail address and credit card numbers and expiration dates, so that we cancomplete your transactions and contact you as needed.
For more detail, please review our ReturnsPolicy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access tothird-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provideaccess to such tools ”as is” and “as available” without any warranties,representations or conditions of any kind and without any endorsement. We shallhave no liability whatsoever arising from or relating to your use of optionalthird-party tools.
Any use by you of optional tools offered throughthe site is entirely at your own risk and discretion and you should ensure thatyou are familiar with and approve of the terms on which tools are provided bythe relevant third-party provider(s).
We may also, in the future, offer newservices and/or features through the website (including, the release of newtools and resources). Such new features and/or services shall also be subjectto these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and servicesavailable via our Service may include materials from third-parties.
Third-party links on this site may directyou to third-party websites that are not affiliated with us. We are notresponsible for examining or evaluating the content or accuracy and we do notwarrant and will not have any liability or responsibility for any third-partymaterials or websites, or for any other materials, products, or services ofthird-parties.
We are not liable for any harm or damages relatedto the purchase or use of goods, services, resources, content, or any othertransactions made in connection with any third-party websites. Please reviewcarefully the third-party's policies and practices and make sure you understandthem before you engage in any transaction. Complaints, claims, concerns, orquestions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK ANDOTHER SUBMISSIONS
If, at our request, you send certainspecific submissions (for example contest entries) or without a request from usyou send creative ideas, suggestions, proposals, plans, or other materials,whether online, by email, by postal mail, or otherwise (collectively,'comments'), you agree that we may, at any time, without restriction, edit,copy, publish, distribute, translate and otherwise use in any medium anycomments that you forward to us. We are and shall be under no obligation (1) tomaintain 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 are unlawful,offensive, threatening, libelous, defamatory, pornographic, obscene orotherwise objectionable or violates any party’s intellectual property or theseTerms of Service.
You agree that your comments will notviolate any right of any third-party, including copyright, trademark, privacy,personality or other personal or proprietary right. You further agree that yourcomments will not contain libelous or otherwise unlawful, abusive or obscenematerial, or contain any computer virus or other malware that could in any wayaffect the operation of the Service or any related website. You may not use afalse e-mail address, pretend to be someone other than yourself, or otherwisemislead us or third-parties as to the origin of any comments. You are solelyresponsible for any comments you make and their accuracy. We take noresponsibility and assume no liability for any comments posted by you or anythird-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information onour site or in the Service that contains typographical errors, inaccuracies oromissions that may relate to product descriptions, pricing, promotions, offers,product shipping charges, transit times and availability. We reserve the rightto correct any errors, inaccuracies or omissions, and to change or updateinformation or cancel orders if any information in the Service or on anyrelated website is inaccurate at any time without prior notice (including afteryou have submitted your order).
We undertake no obligation to update, amendor clarify information in the Service or on any related website, includingwithout limitation, pricing information, except as required by law. Nospecified update or refresh date applied in the Service or on any relatedwebsite, should be taken to indicate that all information in the Service or onany related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as setforth in the Terms of Service, you are prohibited from using the site or itscontent: (a) for any unlawful purpose; (b) to solicit others to perform orparticipate in any unlawful acts; (c) to violate any international, federal,provincial or state regulations, rules, laws, or local ordinances; (d) toinfringe upon or violate our intellectual property rights or the intellectualproperty rights of others; (e) to harass, abuse, insult, harm, defame, slander,disparage, intimidate, or discriminate based on gender, sexual orientation,religion, ethnicity, race, age, national origin, or disability; (f) to submitfalse or misleading information; (g) to upload or transmit viruses or any othertype of malicious code that will or may be used in any way that will affect thefunctionality or operation of the Service or of any related website, otherwebsites, or the Internet; (h) to collect or track the personal information ofothers; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) forany obscene or immoral purpose; or (k) to interfere with or circumvent thesecurity features of the Service or any related website, other websites, or theInternet. We reserve the right to terminate your use of the Service or any relatedwebsite for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES;LIMITATION OF LIABILITY
We do not guarantee, represent or warrantthat your use of our service will be uninterrupted, timely, secure orerror-free.
We do not warrant that the results that maybe obtained from the use of the service will be accurate or reliable.
You agree that from time to time we mayremove the service for indefinite periods of time or cancel the service at anytime, without notice to you.
You expressly agree that your use of, orinability to use, the service is at your sole risk. The service and allproducts and services delivered to you through the service are (except asexpressly stated by us) provided 'as is' and 'as available' for your use,without any representation, warranties or conditions of any kind, eitherexpress or implied, including all implied warranties or conditions ofmerchantability, merchantable quality, fitness for a particular purpose,durability, title, and non-infringement.
In no case shall ByGoods, our directors,officers, employees, affiliates, agents, contractors, interns, suppliers,service providers or licensors be liable for any injury, loss, claim, or anydirect, indirect, incidental, punitive, special, or consequential damages ofany kind, including, without limitation lost profits, lost revenue, lostsavings, loss of data, replacement costs, or any similar damages, whether basedin contract, tort (including negligence), strict liability or otherwise,arising from your use of any of the service or any products procured using theservice, or for any other claim related in any way to your use of the serviceor any product, including, but not limited to, any errors or omissions in anycontent, or any loss or damage of any kind incurred as a result of the use ofthe service or any content (or product) posted, transmitted, or otherwise madeavailable via the service, even if advised of their possibility. Because somestates or jurisdictions do not allow the exclusion or the limitation ofliability for consequential or incidental damages, in such states orjurisdictions, our liability shall be limited to the maximum extent permittedby law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and holdharmless ByGoods and our parent, subsidiaries, affiliates, partners,officers, directors, agents, contractors, licensors, service providers,subcontractors, suppliers, interns and employees, harmless from any claim ordemand, including reasonable attorneys’ fees, made by any third-party due to orarising out of your breach of these Terms of Service or the documents theyincorporate by reference, or your violation of any law or the rights of athird-party.
SECTION 15 - SEVERABILITY
In the event that any provision of theseTerms of Service is determined to be unlawful, void or unenforceable, suchprovision shall nonetheless be enforceable to the fullest extent permitted byapplicable law, and the unenforceable portion shall be deemed to be severedfrom these Terms of Service, such determination shall not affect the validityand enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of theparties incurred prior to the termination date shall survive the termination ofthis agreement for all purposes.
These Terms of Service are effective unlessand until terminated by either you or us. You may terminate these Terms ofService at any time by notifying us that you no longer wish to use ourServices, or when you cease using our site.
If in our sole judgment you fail, or wesuspect that you have failed, to comply with any term or provision of theseTerms of Service, we also may terminate this agreement at any time withoutnotice and you will remain liable for all amounts due up to and including thedate of termination; and/or accordingly may deny you access to our Services (orany part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforceany right or provision of these Terms of Service shall not constitute a waiverof such right or provision.
These Terms of Service and any policies oroperating rules posted by us on this site or in respect to The Serviceconstitutes the entire agreement and understanding between you and us andgovern your use of the Service, superseding any prior or contemporaneousagreements, communications and proposals, whether oral or written, between you andus (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation ofthese Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separateagreements whereby we provide you Services shall be governed by and construedin accordance with the laws of Hong Kong.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version ofthe Terms of Service at any time at this page.
We reserve the right, at our solediscretion, to update, change or replace any part of these Terms of Service byposting updates and changes to our website. It is your responsibility to checkour website periodically for changes. Your continued use of or access to ourwebsite or the Service following the posting of any changes to these Terms ofService constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service shouldbe sent to us at service@ByGoods.com.