Terms and Conditions
Date of last revision: Jan 2020
Please read these Terms of Use("Terms", "Terms of Use") carefully before using https://bodylistener.weebly.com (this website) and Bodylistener (mobile application) operated by Bodylistener Bioinformation Co., Ltd.(HK) ("Bodylistener", "we", "us" or "our").
These terms and conditions and any policies to which a link is provided in them (collectively, “Terms”) set out the terms of use that apply to www.body-listener.com and the Platforms mobile applications owned by and/or operated by or on behalf of Bodylistener Bioinformation Co., Ltd.(HK) or any of its affiliates. (“Platforms”). Bodylistener Bioinformation Co., Ltd.(HK) or any of its affiliates are referred to in these Terms as “Bodylistener/we/us”.
By accessing or using these Platforms on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you agree that you have read, understand and agree to be bound by these Terms and the applicable law, whether or not you are a registered member of Bodylistener. We may change these Terms at any time without notice, effective upon its posting to the Platforms. Your continued use of the Platforms shall be considered your acceptance to the revised Terms. If you disagree with any part of these Terms, please do not use these Platforms.
A.Use of Platforms
1.Physical Activity Notice
The Platforms may include features that promote physical activity. Please consider the risks involved and consult your medical professional before engaging in any physical activity. We are not responsible or liable for any injuries or damages you may sustain that may result from your use of, or inability to use these Platforms.
2.Intellectual Property
All intellectual property on the Platforms is owned by Bodylistener or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by Bodylistener. All content including, but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content on the Platforms, is a collective work under the copyright laws of Hong Kong and other countries and is the proprietary property of Bodylistener, and is also protected by applicable copyright laws and treaties around the world. All such rights are reserved. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Bodylistener trademarks in any way.
B.Purchase of Products
1.Product Orders (apply to the extent user who purchase from the Platforms)
1.1 All information on the Platforms is only an invitation to treat, and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (“Products”) from Bodylistener on the Terms.
1.2 All orders placed through the Platforms are subject to our acceptance. Acceptance of your order and the formation of a contract of sale of the Products between Bodylistener and you will not take place unless and until we have sent you a confirmation message.
1.3 We may choose not to accept or cancel your order, in our discretion, under these Terms or for any reason whatsoever without liability to you or third party. If your debit card, credit card, bank account or any other third party payment account (Alipay/ Unionpay, etc) has already been charged for an order that is later cancelled, Bodylistener will issue you a refund to your original purchasing account. Please find details in the Purchase Terms and Conditions.
1.4 You agree that Bodylistener can cancel your order (and, if applicable, refund the relevant payment through your original payment platform), without any compensation under the following circumstances:
(a)You have reached an agreement with Bodylistener;
(b)Information of the Product on the Bodylistener website is obviously erroneous or the Product is out of stock;
(c)Pricing errors;
(d)Platforms technical problems;
(e)Your order information is obviously erroneous or your order quantity exceeds the stock;
(f)Due to transportation delay, system failure or third-party attacks of the Bodylistener website and Platforms, and other circumstances beyond the control of Bodylistener, Bodylistener finds it necessary to cancel your order;
(g)You fail to complete payment within the specified time;
(h)We find that you used robots, scripts, plug-in software or other technologies to hack our network to purchase Products, which may affect the normal purchasing activities or rights and interests of other users, or affect the orderly sale of Products. We reserve all rights to take necessary legal actions to protect our rights and interests;
(i)The purpose of purchasing Products is for resale;
(j)Using others' accounts or identities to purchase;
(k)We find that the purchase evades the sale rules for special edition products (for example, purchase of more than one special edition product of the same model by one purchaser; use of the same debit card, credit card, bank account or third-party payment account to make the payment by multiple purchasers; multiple orders shipped to the same address, etc.);
(l)Breach of the Terms, or other regulations or policies of these Platforms, or restricted or forbidden acts in website activities, or circumstances in breach of principles of fairness and honesty (for example, you repeatedly refuse to accept the order of goods without legitimate reason or maliciously reserve the stock, etc.).
2.No Purchase for Resale
The Platforms are intended solely for us to sell Bodylistener products directly to end consumers, and therefore purchase for resale is not permitted. Purchase for resale means the purchase of Products by someone who resells, or intends to resell, the same to others (consumers, businesses or any third party). If we believe you are involved in purchase for resale, we reserve the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your Platforms accounts.
3.Refunds and Returns
We recommend that you insure your package for safe return to Bodylistener, and you are requested to declare the full value of the shipment to S.F. Express so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to insure or declare the full value of the Products, you will be responsible for any loss or damage to the Products during shipping. Bodylistener is not responsible for any risk of damage to, or loss of, the Products upon return.
C.User Generated Content and User Account
1.Safeguard Your Username/Password
You are responsible for any actions that take place while using your Bodylistener account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platforms. We are not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
D.Bodylistener's Rights over User Generated Content and User Account
1.Prescreening Content
We reserve the right, but not the obligation, to pre-screen User Generated Content. We do not guarantee the Platforms will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. We are merely acting as a passive channel for such distribution and are not undertaking any obligation or liability in relation to any User Generated Content or activities of users on the Platforms. Even in the event we exercise the right to monitor any User Generated Content, we assume no responsibility for, or any obligation to monitor or remove, such User Generated Content. We reserve the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
2.Copyright Infringement Complaints
If you believe that your work has been improperly copied and posted on the Platforms, which constitutes infringement, you may provide us with the following information:
(1)The name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
(2)A description of the copyrighted work including its title (if any) that you claim has been infringed;
(3)The web address of the copyrighted work that you claim has been infringed or a description of where on the Platforms the material that you claim to be infringing is located;
(4)Any preliminary evidentiary material proving the existence of infringement including a written statement that you have believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law;
(5)A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You are advised to consult your legal advisor before filing a notice with our copyright agent. We reserve our rights to impose penalties for false claims.
E.General
1.Links
The Platforms may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). We do not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. We are not responsible for the content or policies of any Third Party Platforms and you agree to access such Third Party Platforms at your own risk. The Platforms may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). We do not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. We are not responsible for the content or policies of any Third Party Platforms and you agree to access such Third Party Platforms at your own risk.
2.Mobile Services
These Platforms contain services and features that are available to certain mobile Devices. Your network operator's normal rates and fees are applicable. Not all mobile services will work with all Devices. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you agree to promptly update your account information to prevent us from sending your messages to a different person.
3.Privacy
Our Privacy Policy is incorporated into these Terms and you agree to our collection and use of information on these Platforms as it described.
4.User Interaction Disclaimer
You are solely responsible for your interactions with other people, whether online or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other Platforms users, persons you meet through the Platforms, or persons who find you because of information posted on, by or through the Platforms. We are under no obligation to be involved in any user dispute, but may do so at our discretion.
5.Warranty Disclaimer
5.1WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY USER GENERATED CONTENT OR OTHER CONTENT POSTED ON THE PLATFORMS OR FOR ANY OFFENSIVE, UNLAWFUL OR OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE PLATFORMS.
5.2THE PLATFORMS, USER GENERATED CONTENT, CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS PLATFORMS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND.
5.3TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS SECTION DOES NOT AFFECT YOUR STATUTORY CONSUMER RIGHTS AND, IN RESPECT OF THE PRODUCTS, DOES NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY FOR BREACH OF THE STATUTORY RIGHTS SET OUT UNDER THE SALE OF GOODS ORDINANCE (CAP 26) RELATING TO GOOD TITLE, NO ENCUMBRANCE AND QUIET POSSESSION, CORRESPONDENCE WITH DESCRIPTION, MERCHANTABLE QUALITY, FITNESS FOR PURPOSE AND CORRESPONDENCE WITH SAMPLE.
5.4WE PROVIDE NO ASSURANCE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORMS.
5.5WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THESE PLATFORMS OR THE SERVER THAT MAKES THE PLATFORMS AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL.
5.6TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE PLATFORMS IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE.
5.7YOU AGREE THAT YOU DOWNLOAD OR IN WHATEVER WAY OBTAIN THE CONTENT AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OR HARM OF ANY KIND TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR ANY OTHER DEVICE IN WHICH YOU ACCESS THE PLATFORM.
5.8WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT AND OTHER ITEMS USED OR CONTAINED IN THE PLATFORMS AT ANY TIME WITHOUT NOTICE.
6.Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESE PLATFORMS OR THE PERFORMANCE OF THE PRODUCTS OR THE CONDUCT OF OTHER PLATFORMS USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A BODYLISTENER EVENT OR ANY USER GENERATED CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORMS. YOUR ONLY REMEDY AGAINST BODYLISTENER FOR USE OF THE PLATFORMS OR ANY CONTENT IS TO STOP USING THE PLATFORMS.
THAT SAID, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THESE PLATFORMS OR ANY CONTENT, OUR LIABILITY SHALL NOT EXCEED USD $100.00.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
F.Dispute Resolution and Termination
1.Dispute Resolution
These Terms and all transactions relating to the Platforms are governed by Hong Kong law and both we and you hereby submit to the exclusive jurisdiction of the Hong Kong courts.
2.Miscellaneous
2.1By using the Platforms, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically satisfies any legal communication requirements, even if such communications have to be in writing.
2.2Our failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between us nor trade practice shall modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you.
3.Severability
If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is held unlawful, void or unenforceable, then that provision shall be severable from these Terms and the remaining provisions are still valid and enforceable.
4.Termination
4.1We reserve the right in our sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platforms for any or no reason, without notice, and without liability to you or anyone else.
4.2We also reserve the right to block users from certain IP addresses or Device numbers and prevent access to the Platforms.
4.3You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platforms, or on other platforms (e.g. Weibo, Google, etc), may continue to appear on the Platforms or on other platforms even after your User Generated Content is removed or your account is terminated.
4.4These Terms remain in effect even after your account is terminated. The Terms in relation to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms which may survive termination by their nature shall survive termination.
Contact Us
If you have any questions about this Terms of Use, please contact us.
Tel: +852-67603761 (Monday-Friday 0900-1800 GMT+8)
Email: support@amsu-new.com / yoana.zhuo@amsu-new.com
Address: Unit 601, 6th Floor, Core Building 1, Phase 1, Hong Kong Science Park, Hong Kong
Date of last revision: Jan 2020
Please read these Terms of Use("Terms", "Terms of Use") carefully before using https://bodylistener.weebly.com (this website) and Bodylistener (mobile application) operated by Bodylistener Bioinformation Co., Ltd.(HK) ("Bodylistener", "we", "us" or "our").
These terms and conditions and any policies to which a link is provided in them (collectively, “Terms”) set out the terms of use that apply to www.body-listener.com and the Platforms mobile applications owned by and/or operated by or on behalf of Bodylistener Bioinformation Co., Ltd.(HK) or any of its affiliates. (“Platforms”). Bodylistener Bioinformation Co., Ltd.(HK) or any of its affiliates are referred to in these Terms as “Bodylistener/we/us”.
By accessing or using these Platforms on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you agree that you have read, understand and agree to be bound by these Terms and the applicable law, whether or not you are a registered member of Bodylistener. We may change these Terms at any time without notice, effective upon its posting to the Platforms. Your continued use of the Platforms shall be considered your acceptance to the revised Terms. If you disagree with any part of these Terms, please do not use these Platforms.
A.Use of Platforms
1.Physical Activity Notice
The Platforms may include features that promote physical activity. Please consider the risks involved and consult your medical professional before engaging in any physical activity. We are not responsible or liable for any injuries or damages you may sustain that may result from your use of, or inability to use these Platforms.
2.Intellectual Property
All intellectual property on the Platforms is owned by Bodylistener or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by Bodylistener. All content including, but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content on the Platforms, is a collective work under the copyright laws of Hong Kong and other countries and is the proprietary property of Bodylistener, and is also protected by applicable copyright laws and treaties around the world. All such rights are reserved. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Bodylistener trademarks in any way.
B.Purchase of Products
1.Product Orders (apply to the extent user who purchase from the Platforms)
1.1 All information on the Platforms is only an invitation to treat, and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (“Products”) from Bodylistener on the Terms.
1.2 All orders placed through the Platforms are subject to our acceptance. Acceptance of your order and the formation of a contract of sale of the Products between Bodylistener and you will not take place unless and until we have sent you a confirmation message.
1.3 We may choose not to accept or cancel your order, in our discretion, under these Terms or for any reason whatsoever without liability to you or third party. If your debit card, credit card, bank account or any other third party payment account (Alipay/ Unionpay, etc) has already been charged for an order that is later cancelled, Bodylistener will issue you a refund to your original purchasing account. Please find details in the Purchase Terms and Conditions.
1.4 You agree that Bodylistener can cancel your order (and, if applicable, refund the relevant payment through your original payment platform), without any compensation under the following circumstances:
(a)You have reached an agreement with Bodylistener;
(b)Information of the Product on the Bodylistener website is obviously erroneous or the Product is out of stock;
(c)Pricing errors;
(d)Platforms technical problems;
(e)Your order information is obviously erroneous or your order quantity exceeds the stock;
(f)Due to transportation delay, system failure or third-party attacks of the Bodylistener website and Platforms, and other circumstances beyond the control of Bodylistener, Bodylistener finds it necessary to cancel your order;
(g)You fail to complete payment within the specified time;
(h)We find that you used robots, scripts, plug-in software or other technologies to hack our network to purchase Products, which may affect the normal purchasing activities or rights and interests of other users, or affect the orderly sale of Products. We reserve all rights to take necessary legal actions to protect our rights and interests;
(i)The purpose of purchasing Products is for resale;
(j)Using others' accounts or identities to purchase;
(k)We find that the purchase evades the sale rules for special edition products (for example, purchase of more than one special edition product of the same model by one purchaser; use of the same debit card, credit card, bank account or third-party payment account to make the payment by multiple purchasers; multiple orders shipped to the same address, etc.);
(l)Breach of the Terms, or other regulations or policies of these Platforms, or restricted or forbidden acts in website activities, or circumstances in breach of principles of fairness and honesty (for example, you repeatedly refuse to accept the order of goods without legitimate reason or maliciously reserve the stock, etc.).
2.No Purchase for Resale
The Platforms are intended solely for us to sell Bodylistener products directly to end consumers, and therefore purchase for resale is not permitted. Purchase for resale means the purchase of Products by someone who resells, or intends to resell, the same to others (consumers, businesses or any third party). If we believe you are involved in purchase for resale, we reserve the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your Platforms accounts.
3.Refunds and Returns
We recommend that you insure your package for safe return to Bodylistener, and you are requested to declare the full value of the shipment to S.F. Express so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to insure or declare the full value of the Products, you will be responsible for any loss or damage to the Products during shipping. Bodylistener is not responsible for any risk of damage to, or loss of, the Products upon return.
C.User Generated Content and User Account
1.Safeguard Your Username/Password
You are responsible for any actions that take place while using your Bodylistener account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platforms. We are not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
D.Bodylistener's Rights over User Generated Content and User Account
1.Prescreening Content
We reserve the right, but not the obligation, to pre-screen User Generated Content. We do not guarantee the Platforms will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. We are merely acting as a passive channel for such distribution and are not undertaking any obligation or liability in relation to any User Generated Content or activities of users on the Platforms. Even in the event we exercise the right to monitor any User Generated Content, we assume no responsibility for, or any obligation to monitor or remove, such User Generated Content. We reserve the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
2.Copyright Infringement Complaints
If you believe that your work has been improperly copied and posted on the Platforms, which constitutes infringement, you may provide us with the following information:
(1)The name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
(2)A description of the copyrighted work including its title (if any) that you claim has been infringed;
(3)The web address of the copyrighted work that you claim has been infringed or a description of where on the Platforms the material that you claim to be infringing is located;
(4)Any preliminary evidentiary material proving the existence of infringement including a written statement that you have believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law;
(5)A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You are advised to consult your legal advisor before filing a notice with our copyright agent. We reserve our rights to impose penalties for false claims.
E.General
1.Links
The Platforms may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). We do not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. We are not responsible for the content or policies of any Third Party Platforms and you agree to access such Third Party Platforms at your own risk. The Platforms may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). We do not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. We are not responsible for the content or policies of any Third Party Platforms and you agree to access such Third Party Platforms at your own risk.
2.Mobile Services
These Platforms contain services and features that are available to certain mobile Devices. Your network operator's normal rates and fees are applicable. Not all mobile services will work with all Devices. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you agree to promptly update your account information to prevent us from sending your messages to a different person.
3.Privacy
Our Privacy Policy is incorporated into these Terms and you agree to our collection and use of information on these Platforms as it described.
4.User Interaction Disclaimer
You are solely responsible for your interactions with other people, whether online or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other Platforms users, persons you meet through the Platforms, or persons who find you because of information posted on, by or through the Platforms. We are under no obligation to be involved in any user dispute, but may do so at our discretion.
5.Warranty Disclaimer
5.1WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY USER GENERATED CONTENT OR OTHER CONTENT POSTED ON THE PLATFORMS OR FOR ANY OFFENSIVE, UNLAWFUL OR OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE PLATFORMS.
5.2THE PLATFORMS, USER GENERATED CONTENT, CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS PLATFORMS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND.
5.3TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS SECTION DOES NOT AFFECT YOUR STATUTORY CONSUMER RIGHTS AND, IN RESPECT OF THE PRODUCTS, DOES NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY FOR BREACH OF THE STATUTORY RIGHTS SET OUT UNDER THE SALE OF GOODS ORDINANCE (CAP 26) RELATING TO GOOD TITLE, NO ENCUMBRANCE AND QUIET POSSESSION, CORRESPONDENCE WITH DESCRIPTION, MERCHANTABLE QUALITY, FITNESS FOR PURPOSE AND CORRESPONDENCE WITH SAMPLE.
5.4WE PROVIDE NO ASSURANCE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORMS.
5.5WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THESE PLATFORMS OR THE SERVER THAT MAKES THE PLATFORMS AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL.
5.6TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE PLATFORMS IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE.
5.7YOU AGREE THAT YOU DOWNLOAD OR IN WHATEVER WAY OBTAIN THE CONTENT AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OR HARM OF ANY KIND TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR ANY OTHER DEVICE IN WHICH YOU ACCESS THE PLATFORM.
5.8WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT AND OTHER ITEMS USED OR CONTAINED IN THE PLATFORMS AT ANY TIME WITHOUT NOTICE.
6.Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESE PLATFORMS OR THE PERFORMANCE OF THE PRODUCTS OR THE CONDUCT OF OTHER PLATFORMS USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A BODYLISTENER EVENT OR ANY USER GENERATED CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORMS. YOUR ONLY REMEDY AGAINST BODYLISTENER FOR USE OF THE PLATFORMS OR ANY CONTENT IS TO STOP USING THE PLATFORMS.
THAT SAID, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THESE PLATFORMS OR ANY CONTENT, OUR LIABILITY SHALL NOT EXCEED USD $100.00.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
F.Dispute Resolution and Termination
1.Dispute Resolution
These Terms and all transactions relating to the Platforms are governed by Hong Kong law and both we and you hereby submit to the exclusive jurisdiction of the Hong Kong courts.
2.Miscellaneous
2.1By using the Platforms, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically satisfies any legal communication requirements, even if such communications have to be in writing.
2.2Our failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between us nor trade practice shall modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you.
3.Severability
If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is held unlawful, void or unenforceable, then that provision shall be severable from these Terms and the remaining provisions are still valid and enforceable.
4.Termination
4.1We reserve the right in our sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platforms for any or no reason, without notice, and without liability to you or anyone else.
4.2We also reserve the right to block users from certain IP addresses or Device numbers and prevent access to the Platforms.
4.3You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platforms, or on other platforms (e.g. Weibo, Google, etc), may continue to appear on the Platforms or on other platforms even after your User Generated Content is removed or your account is terminated.
4.4These Terms remain in effect even after your account is terminated. The Terms in relation to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms which may survive termination by their nature shall survive termination.
Contact Us
If you have any questions about this Terms of Use, please contact us.
Tel: +852-67603761 (Monday-Friday 0900-1800 GMT+8)
Email: support@amsu-new.com / yoana.zhuo@amsu-new.com
Address: Unit 601, 6th Floor, Core Building 1, Phase 1, Hong Kong Science Park, Hong Kong