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OVERVIEW
PLEASE READ THE FOLLOWING CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AS USER OF THE WEBSITE ("USER" OR "YOU") AND INFINITUS GLOBAL INNOVATIONS LIMITED ("INFINITUS" OR "WE"). THIS WEBSITE TERMS OF SERVICE AGREEMENT, TOGETHER WITH ALL AMENDMENTS, AND COLLECTIVELY WITH ALL INFINITUS RULES AND POLICIES, INCLUDING BUT NOT LIMITED TO THE INFINITUS PRIVACY POLICY,REFUND POLICY AND SHIPPING POLICY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND INFINITUS REGARDING YOUR ACCESS TO AND USE OF THE INFINITUS WEBSITE ("WEBSITE"). BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE AGREEMENT, INCLUDING OUR DISCLOSURE REGARDING THIRD-PARTY SOFTWARE AND DATA COLLECTION.
THIS AGREEMENT COVERS IMPORTANT INFORMATION ABOUT THE WEBSITE. THE AGREEMENT INCLUDES INFORMATION ABOUT FUTURE CHANGES TO THE AGREEMENT, LIMITATIONS OF LIABILITY, PRIVACY INFORMATION AND RESOLUTION OF DISPUTES IM HKSAR.
IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE OUR WEBSITE.
Scope
This Agreement applies to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. This Agreement governs the Website and all information, tools, products and services (collectively, the “Services”) to the extent not covered by a more specific agreement signed by the parties.
We reserve the right, in our sole discretion, to change this Agreement (including the Privacy Policy, Refund Policy, Shipping Policy and other policies) from time to time, without prior notice. You are responsible for reviewing the Agreement regularly. Your access to any part of the Website is deemed to be your acceptance of this Agreement, and any changes thereto.
Purchases, Returns and Exchanges.
We use an online e-commerce store, hosted by Shopify, to sell our products (the “Products”). Our Products are subject to return or exchange only in accordance with our Return Policy. In general, we accept returns for a limited period of time following a purchase, and your sole remedy if you are dissatisfied with a product that you have purchased through the Services will be to return the unused portion of the product for a refund. After the return period has expired, all sales are final, and we will not accept returns or issue refunds. We may limit the sales of our Products to any person, geographic region or jurisdiction, and limit the quantities of any Products that we offer. We will exercise this right in our sole discretion on a case-by-case basis. All Product descriptions and pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Product at any time or refuse their sale at any time for any reason. We may terminate the sale of Products for violation of these Terms.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Product or Service. An offer for any Product or Service made on this Site is void where prohibited.
In offering product descriptions on the Services, we attempt to be accurate, but we do not warrant that any product description is accurate, complete, or error-free, nor do we represent that any Product will diagnose, treat, cure, or prevent any disease. If you receive a product and believe that it materially differs from the product description, your sole remedy will be to return the product to us for a refund in conformance with the return policy listed on the Services. Likewise, we attempt to list the current price for each product that we sell, but a small number of products may be mispriced. In these cases, we will notify you before shipping the product of the corrected price and will either cancel your order or give you an opportunity to cancel your order or decide to keep your order.
To purchase any Products or services through the Services, you must: (a) be at least eighteen years of age, (b) provide us with current, complete and valid payment information associated with a credit card or other payment method that you are authorized to use, and (c) authorize us to charge your credit card or other payment method for the price of the Products or Services that you request, together with any taxes, fees, or shipping charges described on the Services.
You also agree to promptly update your account and other information, including your email address and credit card or other payment method and associated expiration dates, so that we can complete your transactions and contact you as needed.
Personal Use Only
All orders of our Products must be for personal use only. The resale of our Products by or through any third-party owned or operated websites, online auction, third party online marketplace, store or digital platform (including but not limited to Amazon, TikTok, Shopify, eBay, Alibaba or other similar sites) is strictly prohibited. We reserve the right to reject or cancel any order, including but not limited to orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, and if we have reason to believe that your order is not for personal use.
No Professional or Medical Advice.
The Services do not provide medical advice, diagnosis or treatment, and the information included on the Services is offered for informational purposes only. Some portions of the Services may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our Products through the Services, neither our employees nor these third parties are authorized to provide medical or other professional advice through the Services. We also have not confirmed the qualifications of any third party who provides information through the Services, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Services. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.
Prohibited Uses
You are prohibited from using the Site or its content (a) for any unlawful or unauthorized 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 worms, viruses or any other type of destructive or 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 our Products, the Services or any related website for violating any of the prohibited uses.
Registration and Access Restrictions
You may be required to register for an account with us in order to use certain features of the Services. If you elect to take advantage of such features, you must register through the Services by completing the applicable registration form to create your account with a unique username and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Services. You agree to: (a) provide true, accurate, current and complete information about yourself when we request it; (b) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Services permit such updates; (c) use limited-access portions of the Services only using access credentials that we have issued to you; and (d) exit your account at the end of each session in which you have logged-in to the Services.
You must maintain the confidentiality of any access credentials that we issue to you and may not share them with any other person. You must notify us immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.
When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies.
Personal Information
Your submission of personal information through the Website is governed by our Privacy Policy.
Intellectual Property Rights
You agree to respect Infinitus’ intellectual property rights, including the following:
Name and Logos. The Infinitus name and logos are trademarks and service marks of Infinitus or its affiliated companies (collectively the "Infinitus Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Infinitus. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Infinitus Trademarks or third party Trademarks displayed on the Services, without our, or such third party's as applicable, prior written permission in each instance. All goodwill generated from the use of Infinitus Trademarks will inure to Infinitus' exclusive benefit.
Material on the Site. Except where noted otherwise, all material on the Site and any variations of it is copyrighted by Infinitus or one of its member firms. No part of the materials on the website, including but not limited to the text, graphics and html code, may be reproduced or transmitted in any form, or by any means without our written permission or, in respect of local content on an individual country site, the written permission of the relevant member firm.
Third Party Material. The Services may include or incorporate third party material. These third parties are not under Infinitus' control. Under no circumstances, to the fullest extent permitted by law, will Infinitus, its directors, officers, employees, affiliates, and assigns be liable in any way for any materials of any third parties, including, but not limited to, for any errors or omissions in any material, or for any loss or damage of any kind incurred as a result of the use, reproduction, distribution, performance, or display of any third-party material on or through the Services. You must evaluate, and bear all risks associated with the use of any third-party material, including any reliance on the accuracy, completeness, or usefulness of such material.
Infringement Notice
Infinitus respects the intellectual property rights of others and you are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing. If you believe our Intellectual Property, Products, Services (or any portion of them) infringes your copyright, please provide a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed; a description of the copyrighted work that you believe has been infringed; the location of this allegedly infringing material; your address, telephone number and email address and any other pertinent information sufficient to allow Infinitus to contact you; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Notices of claimed copyright infringement should be directed to Infinitus:
Email: CS.Global@infinitus-int.com
Disclaimer of Warranties
You agree to the following disclaimer:
USE OF ANY PORTION OF THE PRODUCTS AND SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INFINITUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
INFINITUS MAKES NO WARRANTY THAT THE PRODUCTS, SERVICES OR ANY PORTION OF THE PRODUCTS OR SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PRODUCTS OR SERVICES (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, (C) WILL PROVIDE ACCURATE OR RELIABLE RESULTS, (D) WILL MEET YOUR EXPECTATIONS OR (E) THAT INFINITUS WILL ADDRESS YOUR CONCERNS TO YOUR SATISFACTION.
THE EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability
You agree to the following limitation of liability:
INFINITUS AND ITS affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees SHALL NOT BE RESPONSIBLE FOR ANY CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS OR SERVICES, OR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE OR DATA, REPLACEMENT COSTS, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) whether based in contract, tort (including negligence), strict liability or otherwise THAT MAY RESULT FROM THE PRODUCTS OR SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW
Indemnification
You agree to indemnify, defend and hold harmless Infinitus and its 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 acts, omissions, breach of these Terms (including any documents incorporated by reference) or your violation of any law or the rights of a third party.
Governing Law
Any This Agreement shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region (HKSAR), without regard to any conflicts of law provisions.
Dispute Resolution
You expressly agree and personally submit to the exclusive jurisdiction of the courts of HKSAR to adjudicate and resolve any dispute with Infinitus, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers or in any other way relating to these Terms, the Products or the Services. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO CLAIM THAT THE HKSAR IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
Mobile Message Service
By consenting to Infinitus’ SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Infinitus through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and order information. Promotional messages may include promotions, specials, and other marketing offers.
Severability
If any provision of these Terms 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 and shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Site or in respect to the Products or Services 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 these Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
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 Site periodically for changes. Your continued use of or access to the Site, Products or Services following the posting of any changes to these Terms constitutes acceptance of those changes.
Contact Us
If you have any questions or comments about these Terms or the Site, please contact us by:
Email: CS.Global@infinitus-int.com
Mail: Unit 1002-3, 1004B & 1004C, 10/F., Empire Centre, 68 Mody Road, Kowloon, Hong Kong