Terms of Use
Issued on: [8] [20], 2024
Welcome to visit Tangbuy.com. Please be sure to carefully read the terms and conditions set forth in these Terms of Use (hereinafter referred to as the "Terms and Conditions"), especially those regarding applicable laws, dispute settlement, exemption or limitation of liability, amendment of the Agreement, your rights and obligations, etc. These terms and conditions are highlighted in bold for convenience. By visiting and/or using the Tangbuy.com website or application, you agree to be bound by the Terms and Conditions. If you do not accept the Terms and Conditions, please stop visiting and using the Tangbuy.com website and application.
1.Introduction
1.1 The Terms of Use are an agreement between you ("You" or the "User") and ASTROBUY (HONG KONG)LIMITED （address：6/F., Manulife Place, 348 Kwun Tong Road, Kowloon, Hong Kong)("Tangbuy" or "We"). Tangbuy provides services to Users based on the Tangbuy.com website and/or application ("Tangbuy Services"). The Terms of Use apply to all Users who visit and/or use the Tangbuy.com website and/or application.
1.2 When you use any Tangbuy Services (such as ordering or making comments), you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services at the same time (hereinafter referred to as "Tangbuy Rules"), which, as an integral part of the Terms of Use, are inseparable from and have the same legal effect as the Terms of Use. By visiting and/or using the Tangbuy.com website or application, you are deemed to have accepted all the terms and conditions of the Tangbuy Rules. The Terms of Use and the Tangbuy Rules are collectively referred to as the "Agreement" below. Tangbuy provides you with Tangbuy Services in accordance with the notices, terms and conditions set forth in the Agreement.
1.3 Tangbuy encourages you to refer to the Agreement frequently to learn about the latest version and consider whether to continue using Tangbuy Services. Tangbuy shall have the right to amend the Agreement at any time. Any amendments to the Agreement shall be posted by Tangbuy on Tangbuy.com, and shall take effect immediately upon publication. By using any Tangbuy Services on or after the effective date of the revised Agreement, you are deemed to have accepted the revised Agreement. User is responsible for regularly reviewing updates to the Agreement regularly. Tangbuy shall not be required to provide notice of any updates to the Agreement in any other manner other than posting updates on Tangbuy.com.
2.User Account
2.1 When you visit and/or use certain Tangbuy Services, you may be required to create a User Account and provide personally identifiable information. Once you have successfully created an account, you can use it to log into the Tangbuy Services. By default, only one User Account is allowed to be created per email address.
2.2 When you use Tangbuy Services to purchase goods, we will use the payment processing service provided by a third-party payment service provider to process your payment. You understand and agree that your payment through the third-party payment tool may be subject to the terms of service, privacy policy and refund policy of the third-party payment service provider. It is your responsibility to know the agreement, policies and handling fees (if any) of the third-party payment service provider. Tangbuy shall not be liable for any fees charged by third-party payment service providers.
2.3 When you access and/or use Tangbuy Services, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into a contract in accordance with applicable law, and are fully capable of understanding, accepting and complying with the Agreement. If you do not have the requisite legal capacity, both you and your guardian are liable for any resulting responsibilities and consequences.
2.4 You represent and warrant that all the user information you provide in connection with your User Account and your use of Tangbuy Services is accurate, up-to-date and complete. You agree to maintain and promptly update your information to keep it accurate, current and complete.
2.5 You agree that you will not provide Tangbuy with any false content (including but not limited to user name and personal data) to intentionally impersonate another person. If Tangbuy has reasonable grounds to suspect that any personal data you provide is wrong, untrue, outdated or incomplete, Tangbuy shall have the right to send you inquiries and/or request corrections, and to directly delete the relevant information or even suspend or terminate the provision of some or all Tangbuy Services to you, and you shall bear any damage and consequences arising therefrom, and Tangbuy shall not be liable for this.
2.6 You shall accurately fill in and timely update the e-mail address, contact number, contact address, postal code, name and other contact information provided by you so as to effectively contact you. Any damage caused during your use of Tangbuy Services due to failure to get in touch with you through these contact information shall be borne by you. You acknowledge and agree that you are obliged to maintain the validity and accuracy of the contact information you provide, and update it in a timely manner if there is any change.
2.7 You may be required to provide a user name, password, and possibly other information for authentication to protect the security of your account. You need to safely keep the information of your User Account and keep your user name and password confidential. You shall be fully responsible for all operations and actions that occur in your User Account (including but not limited to information disclosure, information release, online click consent or purchase, etc.).
2.8 You represent and warrant that you will not use any other person's User Account, nor sell, give away, lend, transfer, share or allow your User Account (including your username and password) to others, nor circumvent any authentication mechanism requiring the entry of a username, password or any other information to use Tangbuy Services in an unauthorized manner; Such actions may cause irreparable damage to Tangbuy, you shall indemnify Tangbuy for any losses incurred as a result. You represent and warrant that you will immediately notify Tangbuy of any unauthorized use of your User Account (including username and password) or any other breach of account security. You agree that Tangbuy is not and will not be liable for any damages arising from your failure to comply with these Terms.
3.Prohibited Practices
3.1 We impose certain restrictions on your use of Tangbuy Services. Any breach of these Terms may subject you to civil and/or criminal liability.
3.2 You may not use Tangbuy Services in any manner that causes or may cause any damage to Tangbuy Services and their availability or accessibility, or use Tangbuy Services in any illegal, fraudulent or harmful manner or for any purpose.
3.3 You may not use Tangbuy Services to copy, store, host, transmit, send, use, publish or distribute any content that contains (or is linked to) any spyware, computer virus, Trojan horse, worm or other malicious software and applications.
3.4 Without Tangbuy's written consent, you may not use any automatic system (including but not limited to "robots", "web crawlers" or "offline readers") to conduct any data collection activities (including but not limited to data crawling, data mining, data extraction, and data collection) on any content from Tangbuy Services and related services, nor may you use Tangbuy Services for any marketing-related purposes.
3.5 You warrant and agree that you shall not use Tangbuy Services or engage in any of the following Prohibited Practices on the Tangbuy.com website or application:
(a) Send or publish any information, data, materials, files, text, links, software or other content that is unlawful, infringing, harmful, intimidating, threatening, defamatory, harassing, abusive, vulgar, obscene, pornographic, hateful, misleading, fraudulent, discriminatory, racially, ethnically or otherwise objectionable, or that may give rise to any legal liability under applicable law;
(b) Impersonate or otherwise misrepresent an affiliation, connection or association with any person or entity;
(c) Provide Tangbuy or any other person with false, misleading or inaccurate information or materials in connection with Tangbuy Services;
(d) Attempt to conceal or misrepresent the identity of a submitter or the origin of any materials, contents or services;
(e) Send spam or other marketing messages, or use the Tangbuy.com website or application to conduct advertising and marketing activities or perform any commercial solicitation;
(f) Intentionally or unintentionally engage in or encourage others to engage in activities that infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights, privacy rights or other legal rights;
(g) Intentionally or unintentionally engage in or instigate others to engage in conduct that violates any applicable laws or regulations, or produce, copy, publish, or disseminate content that violates any applicable laws or regulations;
(h) Damage the image or rights of Tangbuy and its Related Persons (i.e. Tangbuy and its managers, employees, directors, shareholders or agents, and their respective successors and assigns), Users or third parties by sending and publishing information or using Tangbuy Services;
(i) Interfere with the normal operation of Tangbuy.com website or application, or interfere with other Users' use of Tangbuy Services in any way, or take any actions deemed inappropriate by Tangbuy;
(j) Attempt to probe, scan or test the vulnerabilities of Tangbuy Services and related systems or networks, or undermine the security measures or authentication methods of the same;
(k) Publish or transmit any form of executable programs, including but not limited to viruses, spyware, Trojan horses, worms and other similar malicious software and programs;
(l) Create or publish content, forms or links that are identical or similar to any part of Tangbuy Services on other websites or applications;
(m) Access any content or data not provided for you, or log into a server or account that you do not have access to;
(n) Copy, distribute, upload, publish, transmit, display, modify, create derivative works or take any similar actions with respect to Tangbuy Services or their contents.
3.6 You acknowledge and agree that any unauthorized use of Tangbuy Services and/or their contents, or any violation of applicable laws and regulations or the Agreement when using Tangbuy Services, may cause irreparable damage to Tangbuy and its Related Persons. In the event of the foregoing, Tangbuy shall have the right to decide at its own discretion and terminate any license to use granted to you under the Agreement, delete relevant content, keep records and report to relevant authorities, file a lawsuit or take any other actions or measures permitted by applicable laws and regulations. Tangbuy's failure or delay in taking such actions or measures does not constitute a waiver of Tangbuy's rights under the Agreement. In the event of such occurrence, you agree to defend and indemnify Tangbuy and its Related Persons against any damages.
4.Privacy Policy
When you access and/or use Tangbuy Services, please read our Privacy Policy carefully to understand how we use and protect your personal data. Our Privacy Policy is an integral part of the Agreement. By accessing and/or using the Tangbuy.com website or application, you agree to be bound by our Privacy Policy.
5.License to Use
5.1 You may only use Tangbuy Services in accordance with the provisions of the Agreement. Subject to your compliance with the Agreement, Tangbuy hereby grants you a non-exclusive, revocable, non-transferable, non-sublicensable, limited license to use Tangbuy Services solely for your personal, non-commercial purposes. However, such limited license shall not be deemed as any form of authorization by Tangbuy to its intellectual property rights under any circumstances. Any breach of the Agreement by you will result in Tangbuy immediately revoking the license granted to you under this clause without further notice to you.
5.2 The license under this clause does not include and you may not: (a) publicly display any content from Tangbuy Services; (b) republish any content from Tangbuy Services (including from other services), or translate, sell, rent, sublicense, reverse engineer, disassemble, decompile or otherwise exploit any content from Tangbuy services; (c) edit or otherwise modify any content from Tangbuy Services; (d) reproduce, copy or otherwise exploit any content from Tangbuy Services for commercial purposes or for the benefit of other businesses; or (e) redistribute any content from Tangbuy Services, except for content that is specifically and expressly intended for redistribution.
6.User Uploaded Content
6.1 Subject to your compliance with the Agreement, Tangbuy hereby grants you a non-exclusive, revocable, non-transferable, non-sublicensable, limited license to submit, transmit materials to Tangbuy and/or post comments, opinions, ideas or other information (including but not limited to content in the form of text, images, photos, graphics, images, audio, video, audio-visual materials and comments) on the Tangbuy.com website or application for your personal, non-commercial purposes only (hereinafter referred to as "User Uploaded Content").
6.2 To the maximum extent permitted by applicable law, you grant Tangbuy and its designees a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sublicensable (including through multiple tiers) and unrestricted license to use your User Uploaded Content and any content contained therein without payment or other consideration, without making any report, without obtaining approval from you or any third party, and without notifying you or any third party (hereinafter referred to as "License for User Uploaded Content").
6.3 The License for User Uploaded Content includes but is not limited to the permission to publish, distribute, use, improve, translate, edit, update, create derivative works, transfer, sell or combine with other works all or part of the User Uploaded Content and any content contained therein in any way and for any purpose on a global scale, permanently, in the name of Tangbuy and/or its designees. Unless otherwise provided in our Privacy Policy, neither Tangbuy nor its designees are required to treat any User Uploaded Content as confidential information.
6.4 For any User Uploaded Content that you submit to Tangbuy and/or publish on the Tangbuy.com website or application, you hereby represent and warrant that: (a) you own or control all of the rights to any content contained in the User Uploaded Content; (b) you have obtained appropriate and sufficient licenses from third-party rights holders for the content contained in the User Uploaded Content, which permits you to use such content in accordance with the Agreement and use it as part of the User Uploaded Content; (c) you have obtained all necessary consents from any person mentioned, identified or described in the User Uploaded Content to allow you to submit such information to Tangbuy and/or publish it on the Tangbuy.com website or application in accordance with the Agreement; (d) your User Uploaded Content will not infringe any intellectual property rights, trade secrets or any rights of third parties; and (e) you may not use any false email address, impersonate another person, or otherwise mislead Tangbuy and/or third parties as to the origin of the User Uploaded Content.
6.5 You shall be responsible and liable for your User Uploaded Content and agree to defend and indemnify Tangbuy and/or its designees against any damages caused to Tangbuy and/or its designees by your User Uploaded Content or by Tangbuy and/or its designees using your User Uploaded Content.
6.6 You represent and agree that, unless you and Tangbuy have otherwise agreed in writing, you hereby irrevocably and permanently waive the right to make claims or other requirements against Tangbuy and/or its designees in relation to your User Uploaded Content, and exempt Tangbuy and/or its designees from liability. You also grant Tangbuy the right to file a lawsuit or defend rights against any infringement of your User Uploaded Content.
6.7 In order to comply with the provisions of the Agreement and our Privacy Policy, Tangbuy reserves the right to review your access to and/or use of and interaction with the Tangbuy.com website or application, and reserves the right to edit or block or delete from the Tangbuy.com website and/or application any User Uploaded Content (including comments) that Tangbuy considers to be illegal, offensive or otherwise inappropriate. If Tangbuy receives a notice from a rights holder claiming that any User Uploaded Content you publish or transmit infringes upon their certain rights, Tangbuy shall have the right to make independent judgments and take measures, such as deleting, blocking or disconnecting links. Notwithstanding Tangbuy's rights under the Agreement with respect to User Uploaded Content, we shall not be required to proactively review or edit or block or remove any User Uploaded Content from the Tangbuy.com website or application.
6.8 In addition to the rights applicable to any User Uploaded Content, you grant us the right to use the name or your username that you submit in connection with a comment or other content when you post that comment on the Tangbuy.com website and/or application.
7.Links and Other Parties
7.1 For your convenience, the Tangbuy.com website or application may contain links to other websites on the Internet that are operated or controlled by third parties. Such linked websites are not under the control of Tangbuy. The presence of such links does not represent an endorsement by Tangbuy of these websites, and Tangbuy is not responsible for the content on any such linked websites. You agree that any risks and consequences that may arise from your access to and use of such websites are at your own risk.
7.2 The Tangbuy.com website or application may contain third-party services or may be connected to third-party services (collectively referred to as "Third-Party Services"). Since Tangbuy has no control over the content and availability of Third-Party Services, Tangbuy has not and cannot review any content, including computer software or other products or services, offered by Third-Party Services. Therefore, Tangbuy does not warrant or endorse the accuracy, suitability, timeliness, legality or quality of any Third-Party Services or the content, products or services made available through such Third-Party Services, and Tangbuy is not responsible for any Third-Party Services. You agree to bear any risks and consequences that may arise from the use of Third-Party Services, for which Tangbuy shall not be liable.
8.About the Order
8.1 When you use the Tangbuy Services to place an order for goods, the logistics and transportation of your orders may be divided into two parts: (a) The Ordered Goods are shipped from the supplier in the exporting country to our designated warehouse in the exporting country (hereinafter referred to as the "Tangbuy Warehouse"); and (b) The Ordered Goods are shipped from the Tangbuy Warehouse to the delivery address filled in by you. After the order goods are warehoused in Tangbuy Warehouse, Tangbuy can provide warehousing service for the order goods in Tangbuy Warehouse according to your instructions. The warehousing period does not exceed the free warehousing period stipulated in the relevant rules of Tangbuy Services, Tangbuy will not charge the warehousing service fee; if the free warehousing period is exceeded, you shall pay Tangbuy the corresponding warehousing service fee in accordance with the relevant rules of Tangbuy Services.
You acknowledge and agree that: the amount of shipping fee paid when you click "Submit Shipping" is the estimated amount, and the actual amount of shipping fee to be paid will be determined according to the actual packing and weighing of the package when you click "Submit Shipping" to initiate international logistics, which will be shown to you on the corresponding page; If the amount of shipping fee paid when you click "Submit Shipping" is less than the actual amount to be paid, Tangbuy may directly deduct the difference from your User Account balance without further notice to you, and you are responsible for maintaining a sufficient balance in your User Account on an ongoing basis; If the balance of your User Account is not sufficient to deduct the difference in shipping fees, your User Account balance will show a negative value after deducting the difference in shipping fees. At this time, you are responsible for topping up your User Account balance by yourself or within the period notified by Tangbuy to you, in accordance with Tangbuy's requirements and rules, so as to continuously maintain a sufficient balance in your User Account (so that in the next time, Tangbuy may directly deduct the payable amount from your User Account balance without notifying you); Tangbuy reserves the right to suspend, restrict, terminate, deny or revoke your use of the Tangbuy Services and/or access and use of the Tangbuy.com website or Tangbuy app at any time in its sole discretion if you are overdue in topping up your User Account to a sufficient amount, and you shall be liable to compensate Tangbuy for any losses caused thereby (including but not limited to the amounts payable by you); If the relevant shipping fee paid by you when you click "Submit Shipping" is greater than the actual shipping fee payable, Tangbuy will refund the difference to your User Account balance without further notice to you.
8.2 If the goods you purchased through Tangbuy Services are return-supported goods, if you are not fully satisfied with the goods, in case you have already paid for the goods and no chargeback has occurred, you can initiate a return application to us according to relevant rules of Tangbuy Services before the goods are shipped from the supplier of the exporting country to the Tangbuy Warehouse, or within 5 days after the goods have already arrived at the Tangbuy Warehouse and the warehousing of the goods has been completed. We will arrange returns and refunds in accordance with the relevant rules of Tangbuy Services (if the refund amount is less than or equal to the refund fee charged by your payment account service provider, which may lead to the failure of returning the original refund, the refund amount will be refunded to your User Account balance without further notice to you. If you have any questions, please send an e-mail to [care@tangbuy.net ] to contact us). In addition, we do not accept the return application of products ordered by users under any other circumstances.
8.3 Tangbuy reserves the right, in its sole discretion, to refuse or cancel any User Order for any reason whatsoever and Tangbuy shall have no liability in connection therewith. Some of your orders may be unacceptable to Tangbuy and must be canceled. Circumstances that may cause your order to be refused or canceled include, but are not limited to, (a) limitations on quantities that can be purchased, shortages of the Goods, unfitness for cross-border transport, or inaccurate or incorrect information about the Goods or pricing; (b) your refusal to pay the amount due in connection with your order; (c) the existence of any unpaid amounts due from you to Tangbuy; and (d) any problems found by Tangbuy's anti-fraud department and/or risk control department. We may also require additional identification or supplementary information from you before accepting any order. We will contact you if all or part of your order is canceled or if additional information is required to accept your order.
8.4 Although the Tangbuy.com website or Tangbuy app endeavors to provide accurate goods and pricing information, errors in pricing or goods information may occur. Tangbuy cannot confirm the price of an item until you place your order. In the event that the goods are displayed at the wrong price or information due to an error in pricing or goods information, Tangbuy reserves the right, in its sole discretion, to refuse or cancel any order for goods. If the price of the goods is wrong, Tangbuy may, at its sole discretion, contact you for your instructions or cancel the order of the goods and notify you.
8.5 You acknowledge and agree that the third-party logistics company is solely responsible for the logistics transportation of the ordered goods after shipment. At this stage, the ownership of the ordered goods belongs to the buyer, and all relevant responsibilities and risks during transportation shall be borne by the buyer; According to customs regulations, users must provide valid and accurate information and data, including but not limited to consignee name, address and payer name; Some countries/regions may require the consignee to submit relevant information such as identification or passport for customs clearance of packages. Users shall ensure the accuracy, authenticity and completeness of the information and data they provide to us and be responsible for them. If any information or data is incorrect, resulting in failure to ship, deliver, declare or clear the goods, Tangbuy will not assume any responsibility for this. As the importer, the user is responsible for complying with applicable laws and regulations, and shall bear and pay all import duties or other taxes (if any) applicable to the arrival of the order package in the destination country/region. If the user refuses to accept the order package due to bearing import duties or other taxes, any responsibilities and consequences arising therefrom shall be borne by the user.
9.Limitation of Liability and Disclaimer
9.1 You acknowledge that the operation of the Tangbuy Services and/or Tangbuy.com websites or Tangbuy app may be subject to malfunctions or errors; the Tangbuy.com website or Tangbuy app, or the server providing the Tangbuy Services may be subject to attack by code or programs that are toxic or destructive; Content in the Tangbuy Services and/or the Tangbuy.com website or Tangbuy app may expire or be adjusted after publication.
9.2 Tangbuy provides the Tangbuy Services to users on an "as is" and "available" basis, and you acknowledge and agree that all risks of using the Tangbuy Services are solely borne by you. To the maximum extent permitted by applicable law, Tangbuy makes no warranties, express or implied, including, but not limited to, warranties that the Tangbuy Services and/or the Tangbuy.com website or Tangbuy app will be merchantable, reliable, complete, accurate, secure, fit for a particular purpose or need, non-infringing, free of errors, free of defects, or can be operated without interruption or delay; or that the user's use of the Tangbuy Services complies with applicable laws and regulations; or a guarantee that the transmission of user information related to the Tangbuy Service will be completed successfully, accurately or securely.
9.3 To the maximum extent permitted by applicable law, you, on behalf of yourself, your personal representatives and your heirs, voluntarily agree that Tangbuy and related persons shall not be liable for any damages or losses suffered by you or third parties as a result of (including but not limited to any direct, indirect, consequential, or punitive damages or losses, any loss of revenues, loss of profits, loss of data, loss of privacy, loss of goodwill, loss of contracts, loss of use of funds, and damages or losses arising out of or in any way related to business interruption, whether based on tort, contract, or other form of liability, whether or not the damages or losses were reasonably foreseeable or known): (a) the use of, or inability to use, the Tangbuy Services, or the content and services contained therein (including, but not limited to, links to third party websites); (b) access to, use of, or inability to access, use the Tangbuy.com website and/or Tangbuy app; (c) use of any User Uploaded Content; (d) any errors, inaccuracies, viruses, malware, malicious programs , or interruptions of the Tangbuy Services; (f) maintenance of information network equipment, connection failures, failures of computers, communications or other systems, power failures, strikes, riots, fires, floods, storms, explosions, wars, acts of government, orders of judicial and administrative authorities subject to their jurisdiction or due to third parties.
9.4 Nothing in this clause shall exclude or limit any warranties, liabilities, or representations that cannot be excluded or limited under applicable laws and regulations.
9.5 Notwithstanding anything in the foregoing, the aggregate liability of Tangbuy and its related persons to each User for all claims (regardless of the basis thereof) arising from their use of the Tangbuy Services and/or access to or use of the Tangbuy.com website or Tangbuy app in any calendar year shall not exceed HK$100. The foregoing shall not preclude the user from proving actual damages, and all claims arising out of use of the Tangbuy Service and/or access to or use of the Tangbuy.com website or Tangbuy app, if any, must be filed within 1 year from the date on which the cause of action arose, or within the longer period (if any) as may be prescribed by law applicable to the Agreement.
9.6 You agree that such liability limitations represent a reasonable allocation of risk and are fundamental elements of the basis of the transaction between you and us. Without these restrictions, the Tangbuy Services would not be available.
9.7 Any oral or written information you receive through the Tangbuy Services or otherwise does not change any of the disclaimers or limitations set forth in this section.
9.8 Nothing in the Tangbuy Services constitutes or is intended to constitute advice of any kind. If you need advice on any legal, financial or medical issues, you should consult an appropriate professional.
9.9 By using the Tangbuy Services, you acknowledge that the exclusions and limitations of liability set forth in the Agreement are reasonable; if you believe that they are not reasonable, then you should immediately stop using the Tangbuy Services.
10.Consent to receive electronic communications
By creating an account and providing us with your e-mail address, you expressly agree to receive regular and irregular electronic communications (including, but not limited to, e-mails, text messages and/or in-post messages, etc.) from us. These electronic communications will be related to your shopping, customer service consultation and so on. We may send or show you information about Tangbuy Services, upcoming promotions and other information that may be of interest to you by using the e-mail address you have provided to us or any other appropriate means.
11.Intellectual Property Rights
11.1 All text, graphics, images, illustrations, photographs, sounds, music, works, audio, video, or other visuals, buttons, icons, audio clips, logos, and other content on the Tangbuy.com website and/or Tangbuy app (collectively, "Tangbuy Content") are proprietary to Tangbuy, under Tangbuy's control, or used by Tangbuy under license, and are protected by applicable intellectual property laws and regulations. All software in the Tangbuy Services is owned by Tangbuy and/or third party right holders who license Tangbuy to use it, and is protected under applicable intellectual property laws and regulations.
11.2 Unless otherwise stated, all Tangbuy Content in the Tangbuy Services is owned by Tangbuy and/or third party right holders who license Tangbuy to use such content and is protected as copyright, trademark and/or other intellectual property rights under applicable laws and regulations.
11.3 All trademarks or registered trademarks, service marks, domain names, logos, and other identifiers involving "Tangbuy" (collectively, "Tangbuy Marks") in the Tangbuy Services are owned by Tangbuy and/or used by Tangbuy under license, and are protected by applicable intellectual property laws and regulations. Other trademarks, service marks, domain names, and logos appearing on the Tangbuy.com website or Tangbuy app may be the marks of a third party (collectively, "Third Party Marks"). Users may not copy, modify, imitate or use the Tangbuy Marks and Third Party Marks in whole or in part without prior written permission.
11.4 If you believe that one of our users has infringed your copyright by submitting unauthorized material through the Tangbuy.com website or Tangbuy app and you wish to remove the allegedly infringing material, you may request removal by sending an e-mail to [report@tangbuy.net]; the e-mail sent by you shall contain all required complete information under applicable laws.
12.Indemnity
12.1 You agree to defend, indemnify and hold harmless Tangbuy, Tangbuy Parent and Affiliates and their officers, employees, directors, shareholders, partners or agents from and against any and all claims, actions, damages, losses, costs, fines, penalties, liabilities and expenses (including, but not limited to, attorneys' fees) arising out of: (a) your use or improper use of the Tangbuy Service; (b) your access or use of, or improper access to or use of, the Tangbuy.com website or Tangbuy app; (c) your violation of any provision of the Agreement, including, without limitation, any statements, representations, acknowledgments, consents, warranties , prohibitions on use of the Tangbuy Services and other prohibited practices contained in the Agreement; (d) your infringement of Tangbuy's or any third party's copyrights, trademarks, patents, privacy, trade secrets, other intellectual property rights, or any proprietary rights; (e) your violation or suspected violation of any applicable laws or regulations. For any matters subject to indemnification by you, Tangbuy reserves the exclusive right to control and defend such matters, and you shall cooperate with Tangbuy in asserting any available defenses against third parties.
12.2 Without limiting the generality of Section 12.1 above, in the event that Tangbuy, Tangbuy Parent and Affiliates and their officers, employees, directors, shareholders, partners or agents are sued by a third party for any breach of your obligations under the Agreement or due to your negligence or misconduct, you shall be obligated to indemnify Tangbuy, Tangbuy Parent and Affiliates and their officers, employees, directors, shareholders, partners or agents against all claims brought by third parties based upon your such breach. If Tangbuy requests information or explanations from you to protect Tangbuy's rights under relevant laws, it is your obligation to provide such information to Tangbuy as soon as possible and will also provide any assistance reasonably requested by Tangbuy to protect Tangbuy's rights under relevant laws.
13.Termination
13.1 Tangbuy reserves the right, at any time and in its sole discretion, to suspend, restrict, terminate, deny or revoke the User's right to use the Tangbuy Services and/or access to, or use of, the Tangbuy.com website or Tangbuy app, for any reason whatsoever, including, but not limited to, any breach or alleged breach by the User of the Agreement or of any applicable laws and regulations. If the User violates any of the statements, representations, acknowledgement, consents, warranties, prohibitions on the use of the Tangbuy Services, and other prohibited practices stipulated in the Agreement, the Agreement will be automatically terminated without prior notice to you, and Tangbuy shall not be liable for any damages or losses.
13.2 Tangbuy reserves the right to make adjustments, upgrades or modifications to the functions, contents, domain names of the Tangbuy Services and/or the Tangbuy.com website or Tangbuy app on a regular or irregular basis in its sole discretion, and also reserves the right to shut down, temporarily or permanently, the Tangbuy Services and/or the Tangbuy.com website or Tangbuy app, or any of its related functions in its sole discretion, and for which Tangbuy may do so without prior notice or liability.
13.3 Upon termination of the Agreement for any reason whatsoever, all rights and obligations of the Parties shall terminate, except for those matters which, expressly or by their nature, shall continue in force.
13.4 Upon termination of the Agreement for any reason whatsoever, all rights and licenses granted to you hereunder will automatically terminate, and your use of the Tangbuy Services and access to and use of the Tangbuy.com website and Tangbuy app will terminate simultaneously.
13.5 Termination of the Agreement for whatever reason shall not affect any liability (including but not limited to your payment obligations) which you may have for breach of or under the Agreement prior to the date of termination.
13.6 Upon termination of the Agreement, Tangbuy reserves the right, in its sole discretion, to delete all your personal data and any other files or information you have provided to Tangbuy or in connection with your use of the Tangbuy Services from the systems of the Tangbuy Service, except as otherwise set forth in our Privacy Policy.
13.7 Upon termination of the Agreement, Tangbuy reserves the right, at any time and in its sole discretion, to take whatever measures are necessary, including technical measures, to take any necessary measures, including technical measures, to prevent your unauthorized use of the Tangbuy Services.
14.Governing Law and Dispute Settlement
The Agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"), without regard to its conflict of law principles. Any disputes, controversies, or claims arising from or related to the Agreement, including its breach, termination, or invalidity, shall first be resolved through amicable negotiations between the parties involved. If a resolution is not reached within thirty days from the initiation of negotiations by one party, such disputes, controversies, or claims shall be submitted to the Hong Kong International Arbitration Centre for arbitration in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules in effect on the date of arbitration. The place of arbitration shall be Hong Kong, the number of arbitrators shall be 3, the language of arbitration shall be English, and the arbitration award shall be final and binding on all parties concerned.
15.Notice
All notices required under the Agreement must be in writing. We will send notices to users by e-mail or the in-post message system of Tangbuy Service, and you agree that any notice we send to you by e-mail or in-post message shall be an effective written notice. You are responsible for ensuring that the email address you provide to Tangbuy is accurate and current. You should notify us by sending notices to our designated e-mail address or using the in-post message system of Tangbuy Service, and we will endeavor to respond to your notices in a timely manner, but we cannot guarantee a consistently prompt response.
16.General Provisions
16.1 The Agreement, together with our Privacy Policy, constitutes the entire agreement between you and us regarding your use of the Tangbuy Service and/or access to or use of the Tangbuy.com website or Tangbuy app, and supersedes all prior agreements (whether written or oral) regarding your use of the Tangbuy Service and/or access to or use of the Tangbuy.com website or Tangbuy app.
16.2 You may not assign, subcontract, or otherwise transfer your rights and/or obligations under the Agreement. You acknowledge and agree that we may assign, subcontract, or otherwise transfer our rights and/or obligations under the Agreement without prior notice to you or your consent.
16.3 If any provision of the Agreement is found to be illegal, invalid, or unenforceable, such provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.
16.4 No delay or failure on the part of us to exercise a power, right or remedy conferred by an Engaged Term in the Agreement shall be deemed as a waiver thereof.
16.5 The headings in the Agreement are for convenience only and shall not affect its interpretation.
16.6 Both you and we are independent contractors, and the Agreement is not intended to establish or create any agency, partnership, joint venture or employee-employer relationship.
16.7 If you have any questions about the Agreement, you may contact us by sending an email to [service@tangbuy.net].
16.8 In the event of any conflict between the English version of the Agreement and versions in other languages, the English version shall prevail.
