Service Agreement

Welcome to our (Heygears) website store.heygears.com (hereinafter referred to as the “Website”)!

Before registering and using the website, please read the Service Agreement carefully, especially the terms and conditions that exclude or reduce your liability and that are of significant interest to you. If you complete the registration or start to use the website in other ways, it means that you have fully read, understood, and accepted all the contents of the Service Agreement.

This Service Agreement is a valid contract between you and us in connection with your use of the website. This Service Agreement includes the text of the terms and all rules that we have issued or may issue in the future. All rules are an integral part of the Service Agreement and have the same legal effect as the text of the Service Agreement.

Based on the timeliness, complexity, efficiency, regulatory requirements, policy adjustments, and other reasons, you agree that we may adjust the Service Agreement, and in the event of a dispute between you and us, the latest Service Agreement shall prevail.

Ⅰ. General Terms and Conditions

(A) Account Registration

When registering or using the service in other permitted ways, you should be a natural person, legal person, or unincorporated organization with full civil rights capacity and full civil conduct capacity. If you do not have the aforementioned capacity for civil rights and civil conduct that is compatible with your behavior, you and your guardian shall bear all the consequences arising therefrom in accordance with the law.
After you fill in the information as prompted by the registration page, read and agree to the Service Agreement, and complete all the registration procedures, or you actually use our services in other ways we allow, you are bound by the Service Agreement. If there are reasonable grounds to suspect that the information you provide is incorrect, inaccurate, outdated, or incomplete, we have the right to send you a notice of inquiry and/or request for correction and have the right to directly make the deletion of the corresponding information until the suspension or termination of the provision of part or all of our services to you, we do not assume any responsibility for this, and you will bear any direct or indirect losses and adverse consequences arising therefrom.
You understand and agree that if you complete the registration process on the website, you can use the login name you provide or confirm, or other means we allow, as a means of login to enter the website to place orders to buy goods as long as you register successfully.
You can set a nickname for your account, but the nickname you set must not infringe or be suspected of infringing on the legal rights of others. If you set a nickname suspected of infringing on the legitimate rights and interests of others, we have the right to terminate the service provided to you and cancel your account. After the account is canceled, the corresponding nickname will be opened for other entitled users to register and use. After your account is canceled, we are not obligated to retain or disclose any information in your account for you or forward any information to you or third parties that you have not read or sent, except as required by law.

(B) Account Security

You are solely responsible for maintaining the confidentiality of your login name, nickname, and password and you must be responsible for all activities that occur under the login name, nickname, and password (including but not limited to information disclosure, information release, online click to agree or submit various rules and agreements or purchase services, etc.). You agree to:

(1) If you become aware of any unauthorized use of your login name, nickname, and password, or any other breach of confidentiality, you will immediately notify us and provide us with the necessary information (such as user information, description of the situation, supporting materials and claims, etc., so that we can verify the identity and events) and authorize us to synchronize such information to our website. You understand that it will take a reasonable amount of time for us to act on your request, that we will not be liable for any consequences (including but not limited to any loss to you) that have arisen before we act, and that we may not be able to prevent or stop the formation or expansion of the consequences of the infringement by taking action at your request, except to the extent that we are legally at fault.

(2) Ensure that you take the correct steps to leave the website at the end of each online session. We cannot and will not be liable for any loss or damage arising from your failure to comply with the Service Agreement. We are not responsible for any loss or consequence of your account as a result of your active disclosure or as a result of your attack or fraud by others, and you shall recover from the tortfeasor through judicial, administrative, and other remedies.

(3) Unless required by law or judicial decision, and with our consent, your login name, nickname, and password may not be transferred, gifted, or inherited in any way (except for property interests related to the account).

Ⅱ. User Rights and Obligations

(A) If you purchase goods through the website, we will ask you to provide your billing and shipping information, as well as your credit or debit card information (each a “Payment Card”), so that we can charge you for the costs associated with your purchase. You represent and warrant that you are the authorized account holder for all Payment Cards submitted through the website and acknowledge and agree that we are entitled to charge your Payment Card for the goods and all taxes, shipping, and handling fees communicated to you at the time of your purchase.

(B) Orders

By accessing and/or using the website, you shall have the right and capacity to purchase the relevant goods and shall have the legal capacity to enter into and form contracts in accordance with applicable law. If you are using the website on behalf of a business entity, you further represent and warrant that you have the authority to act and enter into a contract on behalf of such business entity. By placing an order, you are deemed to satisfy the above conditions and are responsible for the truthfulness of all information provided by you in the order.
When you place an order, please carefully confirm the name, price, quantity, model, specification, size, contact address, telephone number, consignee, and other information of the purchased goods. If the consignee is not the same as yourself, the consignee's actions and declaration of intentions are deemed to be your actions and declaration of intentions, and you shall be jointly and severally liable for the legal consequences of the consignee's actions and declaration of intentions.
Despite our best efforts, due to market changes and various factors that are difficult to control with reasonable commercial efforts, this website cannot prevent the goods in your order information submitted out of stock, incorrect price indication, etc.; if the goods you have placed an order for appear in the above situation, you have the right to cancel the order, we also have the right to cancel the order in accordance with the law and the contract; if you have already paid, we will handle the refund for you and provide an order processing plan.
When you place an order as a consumer and pay for the goods, your successful payment for the goods is considered to have established a contractual relationship between you and us for the part of the order for which payment has been made.

The goods you purchase from us will be delivered in accordance with the delivery address specified by you on the website. The delivery time listed in the order information is the reference time, and the calculation of the reference time is estimated based on the inventory status, normal processing and delivery time, and delivery location. You should clearly and accurately fill in your delivery address, contact person, contact information, and other delivery information. You know and confirm that the goods you purchase shall be received only by the contact person you fill in after the identity check, and any loss caused by your change of contact person or relevant delivery information shall be borne by you.
We will not be able to assume responsibility for the delayed delivery or the inability to deliver due to the following circumstances:

(1) You provide wrong information and an address that is not detailed;

(2) Delivery of goods without anyone signing for them or refusing to accept them, resulting in the costs incurred by repeated deliveries and related consequences;

(3) Force majeure, such as natural disasters and bad weather, traffic martial law and other acts, decisions or orders of the government, judicial organs, accidental traffic accidents, strikes, changes in regulations and policies, terrorist incidents, robbery, looting and other violent crimes, sudden war, etc.;

If the goods you purchase on our website are delivered by a third-party delivery company to complete the order for you, the time of signature recorded in the system or documents shall be the time of delivery; if the goods you purchase are delivered by online transmission, the time we send to your designated system shall be the time of delivery; if you purchase services, the time contained in the generated electronic or physical voucher shall be the time of delivery.

(D) You must comply with the relevant laws and regulations and service rules when using the services on our website and ensure that you have the qualifications required by laws and regulations, and must not commit any acts including but not limited to the following, or facilitate any acts that violate laws and regulations:

Opposition to the basic principles laid down in the Constitution;
Endangering national security, leaking state secrets, subverting state power, and undermining national unity;
Damage to national honor and interests;
Inciting ethnic hatred, ethnic discrimination, and undermining national unity;
Undermining national religious policies, promoting evil cults and feudal superstitions;
Spreading rumors, disturbing social order, and undermining social stability;
Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime;
Insulting or slandering others, infringing on the legitimate rights and interests of others;
Contains other content prohibited by laws, regulations, etc.

(E) When you use the services on our website, you shall maintain internet order and security, shall not infringe upon the legitimate rights and interests of any subject, and shall not carry out or facilitate the following acts, including but not limited to:

The implementation of any damage or attempt to undermine the security of the network, including but not limited to viruses, Trojans, malicious code, phishing, etc., to the website, the server for malicious scanning, illegal intrusion into the system, illegal access to data, etc.;
The implementation of any changes or attempts to change the configuration of the system provided by the website or to undermine the security of the system;
The use of technical or other means to damage or disrupt the operation of the website or the use of the website by others;
Interfering or attempting to interfere in any way with the normal operation of any commodity or any part or function of our website, or making, releasing, or disseminating the above tools, methods, etc.;
For engaging in any business including but not limited to “DNS resolution”, “security services”, “domain name proxy”, “reverse proxy” and any other business, resulting in your own frequent attacks (including but not limited to DDoS attacks) and not timely correction of behavior, or not according to our website requirements to eliminate the impact, thus having an impact on the website or others;
The implementation of other acts that undermine the order and security of the internet.

(F) The legality of resource use requirements

You shall not occupy a large amount of, nor cause such programs or processes to occupy a large amount of our website cloud computing resources (such as cloud servers, network bandwidth, storage space, etc.) composed of the platform (hereinafter referred to as “cloud platform”) in the server memory, CPU or network bandwidth resources, and to the cloud platform or other users of the platform's network, servers, products/applications, etc., bring serious, unreasonable load, affect our website and other specific networks, server normal smooth contact, or lead to cloud platform products and services or other users of the server down, dead or affect other platform users based on the cloud platform products/applications inaccessible, etc. Once found, our website reserves the right to pursue your legal responsibility.

Ⅲ. Heygears Rights and Obligations

(A) If you are not fully satisfied with the goods you purchased on the website, you can return or exchange them according to the relevant rules of this website.

(B) We only provide operation and maintenance of the website itself, you shall ensure the security and stability of your own network and device, and you should promptly resolve and avoid any impact on the website if the following occurs:

Problems with your internal network, including but not limited to overload, etc.;
Your device or a third-party device you use is malfunctioning;
You detach the device yourself or otherwise cause a network outage;
Any other failures, network interruptions, etc. caused by your reasons.

(C) If we discover on our own or based on information from relevant departments, complaints from right holders, etc. that you may have violated relevant laws and regulations or the Service Agreement, we have the right to make our own independent judgment based on general knowledge and unilaterally take one or more of the following measures at any time to restrict or suspend the provision of all or part of the website to you (including but not limited to directly taking part of your services offline and withdrawing relevant resources, taking operational restrictions on your account and other measures). If we take corresponding measures in accordance with the Service Agreement, and if you suffer losses as a result, you shall bear it yourself. You shall bear the responsibilities and consequences arising from your violation of the Service Agreement, and you shall compensate for losses caused to us or a third party.

Ⅳ. User Data

As a user of this website, we will treat the data provided by you with care:

(A) You warrant that the data you store, upload to the website, or use the website to analyze, distribute, or otherwise process in any way, is data that you have legally collected, obtained, or generated, and that you will not and have not in any way violated the legal rights of any person or entity;

(B) You warrant that you have the right to use the website to store, upload, analyze, and distribute any processing of the aforementioned data, and those the aforementioned processing activities complying with the requirements of relevant laws and regulations, and there is no illegality, infringement or breach of its contractual agreements with third parties, and that the data will not be used for illegal or irregular purposes.

(C) You have the right to use the website to upload, delete, change, and process data by yourself, and you shall operate with caution and bear the consequences arising from such operations with respect to the deletion and change of data and other processing.

(D) Except as required for your use of the website and as otherwise provided by laws and regulations, our website will not access or use your data without your consent. By using the services provided by this website, you consent to the collection, storage, use, disclosure, and protection of your personal information by this website in accordance with the Privacy Policy posted on our website.

(E) All results and responsibilities caused by the generation, collection, processing, and use of your data or any other related matters in violation of laws and regulations shall be borne by you, and our website has the right to terminate the service to you in whole or in part at any time. All losses or liabilities and costs incurred by you as a result shall be borne by you.

Ⅴ. Limitation of Liability

(A) You understand and agree that there may be interruptions in the use of the website due to the following circumstances. We shall deal with the following situations in a timely manner, but we shall not bear the corresponding liability for breach of contract or damages:

Force majeure, including but not limited to natural disasters, governmental acts, laws and regulations enacted to adjust, strikes, unrest, and other objective circumstances that cannot be foreseen, avoided, and cannot be overcome;
Reasons attributable to the basic operator, including but not limited to technical adjustment of telecommunication department, destruction of telecommunication/electricity lines by others, installation, transformation, maintenance of telecommunication network/electricity resources by telecommunication/electricity department;
Network security incidents, such as damage by computer viruses, Trojans or other malicious programs, hacker attacks;
Your use of the website by means other than those authorized by us, your improper operation or the failure of your computer software, system, hardware, and communication lines;
Other circumstances that are not our fault and are beyond our control or reasonably foreseeable.

(B) You understand and agree that the services on our website are provided in accordance with the current state of technology and conditions that are available. We will do our best to ensure the consistency and security of the service, but we cannot guarantee that the service provided by it is free of defects, therefore, even if there are defects in the service provided by our website, if the above-mentioned defects are unavoidable at the time of the technical level of the industry, it will not be regarded as a breach of contract by us, and we do not have to bear any responsibility, and both parties should work together amicably to solve the problem.

(C) As a user, in any event, the total amount of our liability to you based on the Service Agreement and the relevant order (whether based on contract, tort, or any other theory of liability) shall not exceed 30% of the total amount of the order for such goods paid by you for the purchase of such goods from our website; if the service period of the respective website that caused your loss exceeds 12 months, our maximum liability shall not exceed 12 months prior to the damage. In the event of any conflict or inconsistency between the Service Agreement and other agreements between the parties or the rules of the website, this agreement shall prevail.

(D) In no event shall we be liable for any claims arising out of your use of the website, including, without limitation, special, incidental, or consequential damages, lost profits, loss of data or confidential or other information, loss of privacy, cost of procurement of substitute goods or websites, failure to perform any obligation (including, without limitation, good faith or reasonable care, negligence or otherwise). Regardless of the foreseeability of such damages and regardless of the foreseeability of any advice or notice provided to us as a result of your use of the website. this limitation applies whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is an essential element of the basis of the bargain between us and you.

(E) If any terms of the website disclaimer are or are found to be unenforceable under applicable law, this will not affect the enforceability of the other terms of the website disclaimer.

Ⅵ. Protection of Privacy and Personal Information

We will take security measures to protect the security of your personal information in accordance with the requirements of laws and regulations, as detailed in the Privacy Policy. If there is any conflict between the protection of personal information in these terms and conditions and the Privacy Policy, the Privacy Policy shall prevail.

Ⅶ. Intellectual Property Rights

(A) All products, technology, and programs on our website are our intellectual property. Without our permission, no one is allowed to copy, transmit, display, mirror, upload, download, or use them in any illegal way. Otherwise, we will pursue legal responsibility according to the law.

(B) Any party shall respect the intellectual property rights of the other party, third party, and if any third party files a lawsuit or claims a claim against the other party for the reason of infringement of its intellectual property rights and other legitimate rights and interests by one party, the responsible party shall independently handle the relevant dispute, compensate the other party for the loss, and hold the other party harmless from liability.

Ⅷ. Confidential Information

As a user, we promise to take confidentiality measures on the information you submit or become aware of when registering your account or using the website, and not to disclose your information to third parties unless:

It can be provided in accordance with the Service Agreement or other terms of service, contracts, online terms, etc. between you and us;
Those that should be provided in accordance with the provisions of laws and regulations or the requirements of administrative, judicial, and other authorities;
Information that we have obtained through proper means, which is not confidential and is generally known in the same industry;
Information that is known to us prior to the disclosure of the information and that we are not obliged to keep confidential;
Information disclosed by a third party that we believe, in our best judgment, does not require confidentiality;
Information that you have agreed in writing to our disclosure of confidential information;
To the extent reasonable and necessary for us to share your data with third parties in order to provide the services you have requested; and
Subject to our agreed responsibilities under these Terms of Service, the Confidential Information is publicly available or accessible from the public domain.

Ⅸ. Export Control and Sanctions Legal Compliance

Each party undertakes to comply with all applicable economic and trade sanctions and export control laws and regulations, including all sanctions resolutions, laws and regulations, and export control laws and regulations established and enforced by the United Nations Security Council, China, the United States, and any other country to the extent the foregoing applies to such party (hereinafter referred to as “Applicable Export Control Laws”). You undertake not to use the goods or services offered on our website for any purpose prohibited by the Applicable Export Control Laws. You and any person or entity authorized by you to use the goods or services offered on our website, will not provide controlled technology, software, or services through the goods or services offered on our website to persons or entities sanctioned or designated by applicable export control laws, or in any manner that would cause our website to violate applicable export control laws, except as permitted by the appropriate authorities.

Ⅹ. Others

(A) Our website may explain to you in the form of consumer notice, buyer's notice, and warm reminder that you should perform other obligations in addition to those agreed in the Service Agreement when using our website to purchase goods, and you should read carefully and fully perform them. If the above instructions conflict with or contradicts the Service Agreement, the above agreement shall prevail; if the above agreement does not cover the content, the Service Agreement shall still apply.

(B) Each part of the Service Agreement is severable, and the invalidity of any part or all of the Service Agreement shall not affect the legal effect of the other parts of the Service Agreement and other terms and conditions.

(C) The title of these terms and conditions is only for the convenience of users to read and play a prompt, eye-catching role; the interpretation and application of these terms and conditions do not have any guiding role.

(D) Due to the rapid development of the Internet, the terms and conditions that you sign with our website cannot completely list and cover all your rights and obligations with our website, and the existing agreement cannot guarantee full compliance with future development needs. Therefore, our website Privacy Policy and website rules are supplementary to these terms and conditions, which are inseparable from these terms and conditions and have the same legal effect. If you use the website, you are deemed to agree to the above supplementary terms.

(E) Unless otherwise specified, all “days” in the body of these Terms are natural days and the settlement currency is U.S. dollars.

(F) The Service Agreement shall be governed by and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. (a) The seat of the arbitration shall be Singapore. (b) The Tribunal shall consist of three arbitrators. (c) The language of the arbitration shall be English.

(G) If any provision of the Agreement is wholly or partially invalid or unenforceable for any reason, the remainder of the Service Agreement shall remain valid and binding.

(H) The Service Agreement is updated on January 1st, 2023. If you have questions about the Service Agreement or other related matters, you may send an email to [contact@heygears.com] and we will make every effort to resolve your problem.