1. Acceptance of Terms of Service.
a. By using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
b. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
c. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
2. Eligibility. You represent and warrant that you are at least 18 years of age. If you are under age 18, and would like to use the Services, you can only do so if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the supervising parent or legal guardian is responsible for any and all activity.
a. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
b. Product Information and Pricing. We make every effort to display and describe our products as accurately as possible. Displayed colors of the products depend heavily upon the monitor, screen, and/or viewing device of the user, and we cannot guarantee these devices will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. The Site is not responsible for typographical errors regarding price or any other matter.
c. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
d. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
e. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
4. Rules of Conduct.
a. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
b. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see section “Digital Millennium Copyright Act”, below);
ii. you know is false, misleading, untruthful or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
vi. impersonates any person or entity, including any of our employees or representatives; or
vii. includes anyone’s identification documents or sensitive financial information.
c. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
d. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
e. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
6. MXS Overseas Ltd. (the “Company”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (the “Designated Agent”) is listed at the end of this policy.
Procedure for Reporting Copyright Infringement:
If you believe that material or content residing on or accessible through Company’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent, it is Company’s policy to remove or disable access to the infringing material; and that the Company will terminate repeat offending member’s or user’s access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at [email protected] or at:
MXS Overseas: Legal Affairs
604 Kalok Building, 720 Nathan Road, Kowloon, Hong Kong.
7. Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
8. Payments and Billing.
a. Payment. By entering your payment information and submitting your order, you authorize us to charge the amount of the order to your selected payment option. The processing of payments will be subject to the terms, conditions and privacy policies of the third-party payment processor (the “Payment Processor”) in addition to this Agreement. By submitting your order, you agree to pay us, through the Payment Processor, all charges at the prices then in effect in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. We are not responsible for error by the Payment Processor. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Neo-Ne Studios Ltd., for any reason whatsoever.
b. Purchase Limits. In order to provide as many customers as possible with an opportunity to purchase our merchandise, we reserve the right to place limits on purchases. We may restrict orders placed by the same account, using the same credit card, using the same billing and/or shipping address, and/or any other criteria. We reserve the right to limit, cancel, or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We do not authorized orders for commercial quantities of our merchandise.
c. Risk of Loss. The risk of loss and title for the product(s) you purchase pass to you upon delivery of the product(s) to the delivery carrier.
d. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNETION WITH ANY TANSACTION.
9. Shipping Terms
By placing the order via website www.dreamgrip.com the Customer will agree to the shipping terms and conditions. Paid orders are usually shipped within the next business day based on Hong Kong local time (GMT+8). Although vendor reserves the right to dispatch the order within 3 business days in case there is a doubt or any uncertainty in the delivery instructions, or the actual order content, or any other that could effect Customer’s interest. In such a case the Vendor will contact the Customer for instructions as soon as possible using the contact e-mail, which is indicated in the order form. In case there is no reply within 24 hours from the Customer the Vendor has right to dispatch the goods as according to his best and literal understanding of the instructions or to refund the order (the last may need more time for processing). The Vendor also has the right to call the Customer by the phone number, which has been indicated as contact phone number on the order form. If any extra/new instructions or explanation has been received after the said contacts, the Vendor will act accordingly.
Domestic and International Deliveries:
We offer free door-to-door shipping for eligible orders placed on the Website within the domestic territory of Hong Kong (S.A.R.). For abroad delivery address, the long distance delivery surcharge could be applied. For orders over a given value of goods purchased, the surcharge could be less or even the delivery can be free that depends on actual shipping destination and the paid order value.
The international shipping will be carried by courier companies like TNT, SF, DHL, or other on Vendor’s choice and according to their shipping policy for delivery to different countries. Tracking number will be provided to the Customer accordingly when the package has been shipped and the number is provided by the courier. For some deliveries, it could take up to 3 business days to receive the tracking number but it does not effect the estimated delivery time.
Please note: Delivery time is estimated, not guaranteed! However, we will do our best to assist you in receiving the order with the smooth and fastest delivery possible.
The Vendor is unable to make any changes to the shipping address or cancel delivery once the package has been picked up by the carrier from the warehouse. If your package is in transit and you choose to cancel the order, you can either refuse the package or send it back to our office at the address below. Note: returned/refused packages will incur an additional shipping cost. Also note that shipping charges are non-refundable, and the total amount of shipping charges may be higher than what you originally paid. If you have any questions about this, please contact us directly at [email protected]
Please Note: our carriers do not ship to P.O. boxes. Shipping addresses must be provided in English, contain all the necessary details, e-mail address and valid contact phone number. Any mistakes in the address are the matter to discuss with the carrier in the country of destination. If carrier could not deliver the good due to wrong indicated address and/or could not contact the Customer by phone indicated the order form, the Customer is fully responsible for all the risks and costs thereof, including but not limited to the return delivery, customs duties, or any other if have been caused.
The Customer by placing the order on the website and indicating particular delivery address within the country or territory that is different from Hong Kong (S.A.R.) is taking and will carry full responsibility for customs and import duties, quotas, permits, VAT, product restrictions and any other local import requirement(s) applicable on the destination territory. For paid orders we are able to specify the item(s) had been ordered as “gifts” on customs declaration forms unless the delivery is ordered in favor of the third party and such instructions have been received from the Customer.
Please note: some foreign countries and territories may have a special import regulation with exemptions for goods have been purchased as commercial samples. In case you are ordering the goods for the purpose, please, notify us in the order form. If we receive such an instruction we state “commercial samples” or any other wording content in the Invoice and shipment documents. The Invoice itself could be sent with the shipment or/and sent you by e-mail or post mail according to Customer’s request.
Please note: for some customers and their orders we are able to arrange DDP or CIF delivery terms. To check if this service available for your territory and if you planning order is eligible for the service, please, mail us to [email protected]
The Customer is responsible for any customs fees, import duties, or VAT/taxes, including but not limited to any other import costs that may be imposed by their country’s or other destination country’s customs department. The prices shown on our website do not include any import costs and it is the customer’s responsibility to pay for these charges upon delivery. If the customer refuses to pay for the import costs, the carrier will return the package back to us at the customer’s expense. If a package is returned, for this reason, the original and return shipping costs, as well as any other fees that may be billed to us from the courier or the customs department, will be deducted from the total refund amount (if asked for the refund).
Each international package will be insured with loss/damage coverage. Insurance claims for lost/damaged packages no less than 50 days from the original shipping date. If you have not received your package by this time, please email us at [email protected] and we will gladly help.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11.1. Limited Warranty for products only.
a. This Limited Warranty covers any defects of the purchased products only in material or workmanship thereof under normal use during the Warranty Period. During the Warranty Period, we will repair or replace, at no charge, products or parts of a product that proves defective because of improper material or workmanship, under normal use and maintenance. This Warranty covers the goods been purchased from DREAMGRIP.com webstore only. Although we may consider to extend the Warranty for the goods been sold by only authorized dealers, resellers or distributors. In such a case customer may need to provide a proof the good was bought legally, and that the seller refuse to maintain the warranty service to the customer.
b. We will either repair the Product at no charge, using new or refurbished replacement parts, or replace broken parts of a product using new or replacement parts, or exchange the product with a new product, or the price of the product or the part can be refunded in full or partial. The right of choice of either way belongs to us and such a decision is final. Customer may need to deliver the product on his own costs or parts to our address at Hong Kong (S.A.R.) that to be provided in a response to the claim. The address will be the one to access the repair service, to collect the product after repair or if has been exchanged. In case there is an authorized maintenance service in the country of customer residence the warranty service will be provided by such service supplier.
c. The Warranty Period for Physical Goods purchased from us directly via webstore at dreamgrip.com is 360days from the date of purchase. A replacement Physical Good or part assumes the remaining warranty of the original Physical Good excluding the time been spent for repairing.
d. The said Warranty Period is not applicable for accessories, parts and materials like batteries of any kind, LED lightning elements, bulbs, and others. In case of a defective had been discovered while using such an item and the case is been reported to DREAMGRIP™ within 30 days after purchase date, DREAMGRIP™ may consider support action for each case individually within the Warranty conditions and the Warranty Disclaimer.
e. This Limited Warranty does not cover any problem that is caused by conditions, malfunctions or damage not resulting from defects in material or workmanship including but not limited to:
i. damage resulting from improper maintanance or misuse
ii. unathorized modification of the product or it’s part
iii. damage resulting from natural disaster
iv. theft of a product
v. loss of a product
f. In any case customer may count on reasonable support from DREAMGRIP™ to find the best solution even in case the Warranty does not cover the damage or the Warranty Period is over. To obtain warranty service, you must first contact us by mail ask @ dreamgrip.com to determine the problem and the most appropriate solution for you.
11.2. Warranty Disclaimer.
a. We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding:
i. which users gain access to the Services;
ii. what Content you access via the Services; or
iii. how you may interpret or use the Content.
b. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
c. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
12. Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
13. Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICES, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00.
14. Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the Hong Kong, including its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the courts of Hong Kong.
15. Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services constitutes acceptance of those changes.
a. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
b. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
c. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
d. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
e. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected]
f. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
g. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
You may contact us at the following address:
MXS Overseas Ltd. office 604 Kalok Building, 720 Nathan Road, Kowloon, Hong Kong