OVERVIEW
This website is operated by 广州卡思设计有限公司(custom365d). Throughout the site, the terms “we”, “us” and “our”
refer to 广州卡思设计有限公司(custom365d). 广州卡思设计有限公司(custom365d) offers this website, including all information, tools and services available
from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and
notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”),
including those additional terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of
Service carefully before accessing or using our website. By accessing or using any part of the site, you
agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any services. If these Terms of Service are considered
an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which
are added to the current store shall also be subject to the Terms of Service. You can review the most
current version of the Terms of Service at any time on this page. We reserve the right to update, change or
replace any part of these Terms of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE TERMS
By agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, or that you are the age of majority in
your state or province of residence and you have given us your consent to allow any of your minor dependents
to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in
the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You
must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any
of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We
reserve the right to refuse service to anyone for any reason at any time.
You understand that your
content (not including credit card information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. Credit card information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on the website through which the
service is provided, without express written permission by us.
The headings used in this agreement are
included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 –
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made
available on this site is not accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete or more timely sources of information. Any reliance
on the material on this site is at your own risk.
This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your reference only. We reserve the
right to modify the contents of this site at any time, but we have no obligation to update any information
on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 –
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We
reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without
notice at any time.
We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain
products or services may be available exclusively online through the website. These products or services may
have limited quantities and are subject to return or exchange only according to our Return Policy.
We
have made every effort to display as accurately as possible the colors and images of our products that
appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We
reserve the right, but are not obligated, to limit the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right
to limit the quantities of any products or services that we offer. All descriptions of products or product
pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right
to discontinue any product at any time. Any offer for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service will be
corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to
refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per
person, per household or per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In
the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail
and/or billing address/phone number provided at the time the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and accurate purchase and account information
for all purchases made at our store. You agree to promptly update your account and other information,
including your email address and credit card numbers and expiration dates, so that we can complete your
transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION
7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor
nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is”
and “as available” without any warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to your use of optional
third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk
and discretion and you should ensure that you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or
features through the website (including, the release of new tools and resources). Such new features and/or
services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain
content, products and services available via our Service may include materials from third-parties.
Third-party
links on this site may direct you to third-party websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any
liability or responsibility for any third-party materials or websites, or for any other materials, products,
or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in connection with any third-party
websites. Please review carefully the third-party’s policies and practices and make sure you understand them
before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries)
or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at
any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium
any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have
no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful,
offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates
any party’s intellectual property or these Terms of Service.
You agree that your comments will not
violate any right of any third-party, including copyright, trademark, privacy, personality or other personal
or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful,
abusive or obscene material, or contain any computer virus or other malware that could in any way affect the
operation of the Service or any related website. You may not use a false e-mail address, pretend to be
someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You
are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no
liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL
INFORMATION
Your submission of personal information through the store is governed by our Privacy
Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our site or in the Service that contains typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and
to change or update information or cancel orders if any information in the Service or on any related website
is inaccurate at any time without prior notice (including after you have submitted your order).
We
undertake no obligation to update, amend or clarify information in the Service or on any related website,
including without limitation, pricing information, except as required by law. No specified update or refresh
date applied in the Service or on any related website, should be taken to indicate that all information in
the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED
USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from
using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate
in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or
any other type of malicious code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track
the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service
or any related website, other websites, or the Internet. We reserve the right to terminate your use of the
Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF
WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our
service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may
be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we
may remove the service for indefinite periods of time or cancel the service at any time, without notice to
you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The
service and all products and services delivered to you through the service are (except as expressly stated
by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose, durability, title, and
non-infringement.
In no case shall 广州卡思设计有限公司(custom365d), our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or
any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar
damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from
your use of any of the service or any products procured using the service, or for any other claim related in
any way to your use of the service or any product, including, but not limited to, any errors or omissions in
any content, or any loss or damage of any kind incurred as a result of the use of the service or any content
(or product) posted, transmitted, or otherwise made available via the service, even if advised of their
possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability
for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to
the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify,
defend and hold harmless 广州卡思设计有限公司(custom365d) and our parent, subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or
arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your
violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event
that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such
provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall
not affect the validity and enforceability of any other remaining provisions.
SECTION 16 –
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date
shall survive the termination of this agreement for all purposes.
These Terms of Service are effective
unless and until terminated by either you or us. You may terminate these Terms of Service at any time by
notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our
sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these
Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable
for all amounts due up to and including the date of termination; and/or accordingly may deny you access to
our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to
exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such
right or provision.
These Terms of Service and any policies or operating rules posted by us on this site
or in respect to The Service constitutes the entire agreement and understanding between you and us and
govern your use of the Service, superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of
the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and
any separate agreements whereby we provide you Services shall be governed by and construed in accordance
with the laws of UK.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current
version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion,
to update, change or replace any part of these Terms of Service by posting updates and changes to our
website. It is your responsibility to check our website periodically for changes. Your continued use of or
access to our website or the Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
support@广州卡思设计有限公司(custom365d).com
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
广州卡思设计有限公司(custom365d)(hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
- User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
- User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that 广州卡思设计有限公司(custom365d) and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
- Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of jewellery/fashion. Messages may include checkout reminders.
- Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
- Support Instructions:For support regarding the Program, text “HELP” to the number you received messages from or email us at SUPPORT@广州卡思设计有限公司(custom365d).COM. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
- MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
- Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
- Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
- Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
- Prohibited Content: You acknowledge and agree to not send any prohibited content over
the Platform. Prohibited content includes:
– Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
– Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
– Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
– Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
– Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
– Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent. - Dispute Resolution: In the event that there is a dispute, claim, or controversy between
you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider
acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or
relating to federal or state statutory claims, common law claims, this Agreement, or the breach,
termination, enforcement, interpretation or validity thereof, including the determination of the scope
or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the
fullest extent permitted by law.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which 广州卡思设计有限公司(custom365d)’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs. - GOVERNING LAW: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK.
- Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.