Terms of Service
Effective: [●], 2023
Date of Last Revision: [●], 2023
This Terms of Service (“Terms”) is a binding legal agreement entered into by and between you (“you”) and Hongkong Hello Tech Energy Co., Ltd, a Hong Kong corporation with principle offices located at Unit 38, 10/F, Block D, Mai Tak Industrial Building, No. 221 Wai Yip Street, Kwun Tong, Kowloon, Hong Kong and with VAT number 353017146 (“Jackery” or “we” or “us”or”our”), which governs your use of this website (“Website”).
We maintain and publish other policies and terms and conditions that supplement and form a part of this Terms, including our Privacy Policy. You understand, acknowledge, and agree that these Terms (including those additional terms and conditions and policies referenced herein and/or available by hyperlink) form our entire agreement with you regarding your use of and/or access to this Website.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND JACKERY. By accessing and/or using the Website, you acknowledge that you have read and understood, and you agree to be bound by, these Terms. If you do not agree to these Terms, then you must immediately cease accessing and/or using the Website.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to provide services to you.
You can review the most current version of the Terms at any time on this page.
PLEASE NOTE THAT THE TERMS INCLUDE A BINDING LIMITATIONS OF LIABILITY AND EXCLUSION OF DAMAGES.
Eligibility
If you have no complete civil capacity according to applicable laws, you may only use and/or access the Website with the authorization of a parent or legal guardian who agrees to be bound by these Terms. By using and/or accessing the Website, you represent and warrant that you are a persons with full capacity for civil acts (or that you are a person without full civil capacity and your use of and/or access to the Website has been approved by your parent or legal guardian). You hereby represent and warrant that you have the full power and authority to enter into and perform under the Terms. If you are using the Website on behalf of any other individual, you represent and warrant that you are authorized to accept these Terms on such individual’s behalf.
Use of our Service
In order to make you easily use our services, we will recommend you to visit the website suitable for you according to your IP address.
All content included in or made available through this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Jackery or its content suppliers and is protected by applicable law, authors' rights and database right laws.
Without Jackery’s or its content supplier’s written consent, you cannot any content,including but not limited to trades, logos, images,graphics.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, without express written permission by us.
Accuracy, completeness and timelines of information
To the extent permitted by law, we are not responsible if information made available on this Website is not accurate, complete or current. Except for product descriptions, the material on this Website 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. To the extent permitted by law, any reliance on the material on this Website is at your own risk.
This Website 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 Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
Additional terms which apply to providing Website
Services
We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor's display of any colour will be accurate. All descriptions of products are subject to change at anytime without notice, at our sole discretion.
Without limiting or excluding any warranties that cannot be excluded under applicable law , we do not warrant that the quality of services, information will meet your expectations, or that any errors will be corrected.
Modifications to the Service
We reserve the right at any time to modify or discontinue the provision of this Website (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, suspension or discontinuance of this Website.
Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
To the extent permitted by law, 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. To the extent permitted to law, 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 Website 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.
Third Party Services
We may link to or offer services provided by third parties (“Third Party Services”) through or in connection with the Website. Your use of Third Party Services is solely a relationship between you and the applicable Third Party Service provider and is subject to the terms and conditions of, or your agreement with, such Third Party Service provider. Jackery does not warrant, endorse, or support Third Party Services and is not responsible or liable for any Third Party Services or any damages, liabilities, losses, issues or other risks that arise or result from your use of such services. You understand, acknowledge, and agree that access and/or use of any Third Party Services may be subject to terms and privacy policies that are different from ours, and that we are not responsible for such provisions and expressly disclaim any liability with respect to them.
User comments, feedback and other submissions
We respect your ideas and suggestions but please do not submit, at our request or without a request from us, any ideas, information, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “Comments”) that are confidential or that are owned by any third-party in any form to Jackery or any of its Representatives. If you do submit any Comments in any form or format, you understand, acknowledge, and agree that your submission of such Comments is purely voluntary and that the following terms apply: (a) your Comments (including their content) will automatically become the property of Jackery, without any compensation to you; (b) Jackery has no obligation to respond to, review or use your Comments; (c) Jackery may, at any time, without restriction, edit, copy, implement, distribute, translate and otherwise use in any medium any portion of your comments that you submit to us, without any compensation to you; and (d) Jackery has no obligation to keep your Comments confidential.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or that violate any party’s intellectual property rights or these Terms.
You must ensure that your comments do not violate any intellectual property right or proprietary right of any third-party. You further agree that your comments must not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation this 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. To the fullest extent permitted by law, we take no responsibility and assume no liability for any comments posted by you or any third-party.
Prohibited uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content or any part of a service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state or territory 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, 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 this Website, other websites, or the internet. We reserve the right to terminate your use of this Website or any related website for violating any of the prohibited uses.
Modification of Terms
We may modify the Terms at any time. We reserve the right, in our sole discretion, to change, add, or remove any or all portions of the Terms at any time. We will post any such changes, but it is your responsibility to check the Terms periodically for changes. Your continued access to or use of the Website after the posting of changes constitutes your binding acceptance of such changes. Any disputes arising under these Terms will be resolved in accordance with the then current version of the Terms in place at the time the dispute arose.
Term and Termination
The Terms will remain in full force and effect until terminated in accordance with the terms set forth herein. You may terminate these Terms at any time and for any reason by discontinuing any and all use of and/or access to the Website. All of these Terms that, by their nature or purpose, are intended to survive termination shall survive any such termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
We reserve the right to terminate, modify, discontinue, or suspend the Website in our sole discretion, at any time for any or no reason, including for violation of our Terms.
Disclaimers
THE WEBSITE IS PROVIDED ON AN “AS IS”, “WHERE IS”, AND “AS AVAILABLE” BASIS. EXCEPT AS SET OUT IN CERTAIN LAW AND TO THE FULLEST EXTENT PERMITTED BY LAW, JACKERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, AND JACKERY MAKES NO GUARANTEE THAT THE APPLICATION WILL BE UNINTERRUPTED, COMPLETE, TIMELY, SECURE, OR ERROR-FREE. THE FOREGOING DISCLAIMERS OF LIABILITY APPLY TO ALL CLAIMS, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, INCLUDING NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, EXCEPT WHERE THE LIABILITY FOR SUCH CLAIMS CANNOT BE LIMITED BY APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification
To the maximum extent permitted by applicable law, you hereby agree to release, defend, indemnify, and hold Jackery (including personnel, directors, officers, and employees thereof) harmless from and against any and all claims, actions, causes of action, liabilities, damages, losses, and expenses, including reasonably legal and accounting fees, arising out of or in any way connected with (a) your breach of any of clauses in this Terms, (b) any use by us of personal information which you disclose to us in circumstance where you did not have a right to disclose that information to us, including any injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such bodily injury, personal injury, illness, death, or property damage, or (c) breach of any laws, regulations or infringement of third-party rights including intellectual property or privacy rights.
Limitation of Liability
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL JACKERY OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS OR REPRESENTATIVES (collectively, “Representatives”) BE LIABLE TO YOU OR YOUR HEIRS OR ESTATE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THIS WEBSITE, AND EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING. YOUR ACCESS TO AND/OR USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING THEREFROM OR RELATING THERETO, INCLUDING PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER OR DEVICE MALFUNCTION. IF, FOR ANY REASON, WE ARE FOUND TO BE LIABLE TO YOU, YOU AGREE THAT OUR TOTAL AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (USD $100). THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (IN SUCH CASES OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW). THIS LIMITATION OF LIABILITY WILL SURVIVE THE EXPIRATION OR TERMINATION OF THE TERMS.
Personal information
Your submission of personal information through the Website is governed by our Privacy Policy.
Governing Law
The Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to the laws of conflict or choice of laws provisions or rules thereof.
You agree that any dispute regarding the interpretation, validity, or breach of, or otherwise arising from or relating to the Terms, shall be subject to the exclusive jurisdiction of the Asian International Arbitration Centre (AIAC) in Kuala Lumpur in accordance with the AIAC Arbitration Rules as in force at the moment of the commencement of the arbitration.The language(s) to be used in the arbitral proceedings shall be English. The arbitral award shall be final and binding upon the parties.
Notices.
Jackery may give notice by means of a general notice on or through the Website. You may give notice to Jackery, with such notice deemed given when received by Jackery, at any time by first-class mail [hello.sea@jackery.com].
Miscellaneous
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent (in our sole discretion), but may be freely assigned by us without your consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
No waiver by us of any term or condition set out in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
In these Terms, the words "including" and "include" mean "including, but not limited to" and “or” is not exclusive.
Contact information
Please forward any questions or concerns about the Terms directly to hello.sea@jackery.com.