Welcome to our (Heygears) website store.heygears.com (hereinafter referred to as the “Website”)!
(A) Account Registration
(B) Account Security
(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).
(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.
(C) Distribution and Delivery
(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.;
(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:
(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, shall not carry out or facilitate the following acts, including but not limited to:
(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 platform other users of the network, server, commodities/applications, etc. to bring serious. 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 network, 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.
(A) If you are not fully satisfied with the goods you purchased on the website, you can return or exchange 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:
(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.
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 other processing of 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.
(E) All results and responsibilities caused by the generation, collection, processing, use of your data and 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.
(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:
(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, but 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 is found to be unenforceable under applicable law, this will not affect the enforceability of the other terms of the website disclaimer.
(A) All products, technology and all 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 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.
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:
(A) It can be provided in accordance with the Service Agreement or other terms of service, contracts, online terms etc. between you and us;
(B) Those that should be provided in accordance with the provisions of laws and regulations or the requirements of administrative, judicial and other authorities;
(C) Information that we have obtained through proper means, which is not confidential and is generally known in the same industry;
(D) Information that is known to us prior to the disclosure of the information and that we are not obliged to keep confidential;
(E) Information disclosed by a third party that we believe, in our best judgment, does not require confidentiality;
(F) Information that you have agreed in writing to our disclosure of confidential information;
(G) 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
(H) Subject to our agreed responsibilities under these Terms of Service, the Confidential Information is publicly available or accessible from the public domain.
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.
(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 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 does not have any guiding role.
(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 [email@example.com] and we will make every effort to resolve your problem.