Welcome and thank you for your interest in Etailerhub,
operated by Etailerhub Technology Limited and its subsidiaries (collectively
referred to as “the Company,” “We,” “Us,” or “Our”).
The Company is the operator of websites located at www.kachinghub.io (collectively
referred to as the “Website” or the “Platform”).
By registering an account on the Website or by otherwise using any other
services provided by the Company, you agree to be bound by the following Terms
of Use.
These Terms of Use along with our Privacy Policy and
Affiliate Terms which are incorporated herein by reference are collectively
referred to as the “Agreement” or the “Terms”.
This Agreement is a legally binding contract between you (“You”, “Your” or “User”)
and the Company regarding your use of the Website and Services offered by the
Company. PLEASE CAREFULLY READ THE TERMS BEFORE PROCEEDING TO USE THE PLATFORM
AND SERVICES OFFERED BY THE COMPANY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE
DO NOT USE THE WEBSITE AND SERVICES.
Some services provided by the Company may require you to
agree to additional terms and conditions than those stated hereunder. By
proceeding to use such Services, you expressly agree to abide by any such
additional terms.
1. Definitions
Unless expressly stated otherwise, any reference to the
following words in this Agreement will hold the meaning as defined hereunder:
“User” - refers to all unregistered as well as
registered Website Users including Retailers/Resellers and their Agents.
“Retailers” - refers to Dropshippers and
Vendors/Resellers, whether individuals or organisations and their agents who
make use of the Platform services offered by the Company.
“Customer” - refers to Retailer's
Clients/Consumers who place orders for products from the Retailers.
2. Eligibility
You must be at least eighteen (18) years of age to register
an account on the Website and use the Services offered by the Company. Please
do not access our Website if you do not meet the age eligibility criteria as we
cannot enter into legally binding agreements with persons under the age of
eighteen years.
Where you enter into this Agreement on behalf of another
individual, group or entity, you represent and warrant to the Company that you
have the authority to act on behalf of that individual, group or entity and to
bind the former to this Agreement.
The Platform is only available to Users who are currently
residing in the geographical locations specified on our Website.
IN THE INTEREST OF PROTECTING CHILDREN'S PRIVACY, WE DO NOT
TARGET OUR WEBSITE TO USERS UNDER THE AGE OF THIRTEEN YEARS. WE DO NOT
KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM PERSONS UNDER THE AGE OF
THIRTEEN. IF YOU ARE UNDER THE AGE OF THIRTEEN YEARS, PLEASE IMMEDIATELY CEASE
USING OUR PLATFORM.
3. Amendments
From time to time, the Company may this Agreement to
reflect our new business practices or to comply with changes in applicable
laws. Where we make any amendments to this Agreement, we will notify you by
updating the last d date on the top of this Agreement. The most current
version of the Terms will supersede all previous versions. Please take the time
to review these terms regularly to familiarise yourself of any material
changes. You hereby release the Company from any liability arising from your
failure to review such modified Terms.
4. Maintenance
From time to time we may be required to carry out scheduled
or unscheduled Platform maintenance including but not limited to testing,
repairs, upgrades and other similar tasks. Under such circumstances, we may
have to deactivate or suspend your access to the Platform temporarily. Without
prejudice to any other provisions of this Agreement, the Company shall not be
liable to indemnify the User for any loss or/and damage or/and costs or/and
expense that the User may suffer or incur, as a result of such deactivation
or/and suspension.
We may also invite Retailers to participate in Platform
testing that we believe will assist us in developing features or functionality
that Retailers will find useful. As a registered retailer account holder, you
consent to us contacting you via email or through an in-account message
regarding such user testing opportunities.
5. Account Registration, Access and Security
Website visitors do not need to create an account to browse
through the public areas of the Platform. However, Users do need to create an
account to make use of the unique features and functionality offered by the
Company.
Retailers can register for an etailerhub passport account
either on www.kachinghub.io or www.kachinghub.io based
on their unique needs and use the same user login credentials when accessing
other Services offered by the Company.
The Company currently offers multiple subscription plans.
You can easily select your preferred plan and apply to create an account by
providing all the requested information. Where you create an account on behalf
of your organisation, we will require specific information about your
organisation. You agree that you will only provide accurate, current and
complete information when requested. It is solely your responsibility to keep
this information up to date in the event of any change in such information. All
personal information is collected and processed by the Company in accordance
with our Privacy Policy. Please carefully review our Privacy Policy before
creating an etailerhub passport account.
We reserve the right to immediately terminate any User
Account if we have a reason to believe that the Account Holder provided us with
false or fraudulent information or in the event of a breach of this Agreement
by such User. Please note, all User Accounts are offered at our sole
discretion.
You are solely responsible for protecting your etailerhub
passport account login credentials to prevent any unauthorised access to your
account. You may not share your account password with others. You hereby
release the Company from any claim, loss or damage suffered by you as a result
of any unauthorised access to your account. You assume full responsibility for
all activity on your Platform account.
Please immediately report any unauthorised access to your
account or other similar suspicious activity to us through the contact form
available on the website. The Company reserves the right to restrict access to
any account without giving any prior notice to a User if we suspect any
fraudulent activity on a User Account without any obligation to credit or
discount any subscription fees for such account restrictions.
6. Free Trial
The Company may in its sole discretion choose to offer any
paid subscription plans to you on an initial free trial basis. Free trials are
for a fixed period and will expire on the specified date regardless of whether
you used the service during the trial period or not. You will be requested to
provide a valid credit card or other payment information at the time you sign
up for the free trial. Please note that your chosen payment method will be
authorised for the full-service fee, according to your selected subscription
plan, at the time you sign up but your account will not be charged. To continue
using the service at the end of your free trial, you will be required to pay
full subscription fee according to your chosen plan. Your paid subscription
will be governed by Subscription Payments and Cancellation Terms as outlined in
this Agreement.
You understand and accept that Company uses free trials to
increase its marketing reach and therefore free trials can only be used once
per Retailer. Please note that we sometimes offer special promotions with a
different subscription fee and subscription term than our standard offer. If
you accept a promotional upgrade during the term of your free trial period,
your free trial will immediately terminate upon your acceptance of the
promotional offer.
You understand and accept that the free trial period is
offered to you by the Company under this Agreement and by joining the free
trial period you agree to abide by all applicable terms of this Agreement.
7. Subscription Payments and Cancellations Policy
The Company currently offers different monthly subscription
plans for its Users. All subscription plans and accompanying subscription fees
are available on our Website and quoted in USD. Please note that our
subscription fees as listed on the website do not include any applicable taxes
and charges that you may incur during your use of the Platform. You can access
your billing information at any time by logging into your account and selecting
the “Billing Details” option and cancel your subscription or change any payment
information. All subscription payments are deemed to be fully earned on the day
your account is charged. We do not offer any partial refunds should you decide
to cancel your subscription before the end of your current billing cycle.
We currently process subscription payments using the
following payment processors:
- PayPal,
- Payoneer,
- Asiabill,
and
- Checkout
We do not collect, store or process any credit card details
from our Users and all payment information is collected and managed by our
payment processor.
The Company reserves the right to modify any plans,
subscription fees, payment, cancellation and refund policy at any time by
amending these Terms. In the event of any change in subscription fees which
requires you to pay higher fees, than you paid in the last billing cycle, we
will give you at least ninety (90) days notice before billing you the increased
amount. Such notice will be deemed to have been given on the date we send the
notification email to you. If you do not agree with such change in subscription
fees, your sole remedy is to either downgrade your plan or cease using the
website. Please note any plan upgrades and downgrades will become effective
immediately.
In the event we do not receive your subscription fee when it
was due and payable, we will attempt to contact you at the contact information
provided by you during your account registration. We reserve the right to
downgrade or terminate your subscription plan in the event of non-payment. You
hereby grant the Company the right to continue its attempt to bill your
selected payment method for up to 180 days for failed payments. Please note
that we will not be held responsible for any claims relating to loss of data,
loss of revenue or lost opportunity as a result of downgrading or termination
of your account arising from non-payment of your subscription fee.
8. Account Termination
Once your account is terminated, you will not be able to
login to your account using your username and password. Please note that
account cancellation will not release you of your obligation to pay any
outstanding fees payable by you to the Company.
Please take note that we may purge all data for suspended,
expired and cancelled accounts in our sole discretion. It is solely your
responsibility to maintain backups of all your data that you wish to access at
all times especially before cancelling your account.
The Company reserves the right to terminate any User account
or suspend a User's access to the Platform under the following circumstances:
- A User
has violated any provisions of this Agreement;
- A
User's conduct is harmful to the Company or any other Users; or
- The
Company discontinues the Service for any reason.
9. Product Pricing
We reserve the right to change any product prices on our
website at any time without giving any prior notice to you. Where we in our
sole discretion determine that there has been a typographical or printing
error, we may amend product pricing information to reflect the correct price.
Users understand and agree that the product prices as listed on the Platform
are subject to change as a result of any changes in Supplier's wholesale
pricing. The Company does not control or dictate Supplier's pricing or any associated
shipping or handling charges, and therefore we are unable to guarantee that any
product will remain at a particular price for any given period of time.
9.1. Minimum Advertised Price (MAP) Products
Some products offered by Suppliers may be covered by a
Minimum Advertised Price (MAP) agreement. Where a product is covered by MAP
agreement the product will be marked with an asterisk and the Company will
display two prices: the wholesale cost and the MAP. If you are a reseller, you
understand and agree not to advertise such products to your customers below the
MAP.
10. Orders
10.1. Liability for your orders
You are solely responsible for any mistakes made by you when
placing your orders. It is solely your responsibility to ensure the accuracy of
the information you provide when placing your order including verifying the
pricing and shipping before submitting your order. You are responsible for
collecting accurate and complete shipping address from end-customers, including
full name, apartment/unit/floor information, postal code and phone number.
10.2. Order Changes or Cancellations
Generally, you cannot make any amendments to your orders
after submission. In some circumstances, you may be able to modify or cancel
your order if you contact etailerhub's customer support using the online form
immediately after placing the order with your request. Please note, you must
send your order cancellation request within 48 hours from the time you placed
the order. If we can cancel your order, we will do so, and you may incur a
cancellation as specified on our website FAQ. The Company will not assume any
responsibility for any loss or damages that arise as a result of any request
for changes in your orders.
10.3. Returns
We do not handle returns for orders that are shipped from
Vietnam warehouses. To learn more about our returns policy and procedure,
please visit the FAQ section on our website.
10.4. Shipping
Please note that we are only able to service shipping orders
with a residential ship-to address. Any orders with P.O. Box, APO, or FPO
shipping address will not be processed. Each individual supplier may have their
own additional shipping restriction; however, an absence of shipping policy
should not be interpreted to imply that such supplier will ship to a P.O.Box,
APO or FPO address. We reserve the right to cancel any orders to shipping
addresses that are not supported by our distributors.
10.4.1. Shipping fees and handling charges
Unless expressly specified otherwise all shipping and
handling charges for products purchased from the etailerhub are for such User's
account. Furthermore, any costs incurred for shipments that are refused or
returned for any reason not caused by the supplier including any import
duties/customs charges are also for your own account.
Please note that where you order any unusually large or
heavy products, such product may require a custom shipping fee calculation from
etailerhub. We will not ship such products until you approve the custom
shipping fees.
Where we receive product information from the Supplier, we
may publish the shipping weights of items. Please note availability of shipping
weights or absence thereof cannot be used to determine shipping costs and your
obligation to pay the applicable shipping fees. You should only rely upon the
'Shipping fees' as displayed in the shopping cart to determine the cost of your
shipping.
We may offer re-shipping under certain circumstances as
outlined in our refund and reshipment policy below.
10.5. Refund and Reshipment Policy
Subject to the fulfillment of conditions outlined in this
Section 10.5 'Refund and Reshipment Policy', we will offer a refund or
reshipment for orders under the following circumstances:
- If the
parcel is lost during transportation;
- If the
product was damaged during transportation;
- If the
product is incorrect;
- If the
customer claims that the order didn't arrive but according to tracking
code it's marked as delivered (“missing order”);
- If an
order shipped through KachingHub Standard Shipping or KachingHub Economy
Shipping did not arrive for more than 30 days from the order date, and the
customer has requested a refund (“late shipment”).
10.5.1. How to submit a reshipment or refund request?
Retailers can submit reshipment or refund requests within
five days from the time the order was marked as delivered (according to the
tracking code). To submit a reshipment or refund request please contact us
through the chat box in your KachingHub account. Please note that you will be
required to provide the required information, as outlined below, for your
specific claim:
a. Claims that the delivered product was incorrect
If the customer claims that the product they received was
not what they had ordered, please provide us with the tracking code, and
photo/video of the product delivered.
b. Claims that the delivered product arrived damaged
If the customer claims that the product arrived damaged,
please provide us with the tracking code and clear photos/videos that show the
product condition.
We will review your request and subject to the approval of
your claim we will either issue a refund or arrange for reshipment. Please
note, we may request you to provide additional information that must be
submitted by you within two business days. Failure to submit any additional
information requested by the Company may lead to your claim being disregarded.
10.5.2. How to submit a refund request for late shipment?
Retailers can request a refund for late shipment if the
customer requests a refund by contacting us through the chat box in KachingHub
account. Retailers will be required to provide the order number, the tracking
code, and a proof that the Retailer has refunded the customer.
We will review the claim, and if approved, we will issue a
refund. Please note that, we may request you to provide additional information
that must be submitted by you within two business days. Failure to submit any
additional information requested by the Company may lead to your claim being
disregarded.
10.5.3. How to submit a refund request for a missing
order?
If the customer claims that the order didn't arrive but
according to tracking code it's marked as delivered, please provide the
tracking code for the relevant order and a proof that the Retailer has refunded
the customer.
10.5.4. Approved Reshipment Claims
If your reshipment claim is approved, we will process your
order within two business days. Please note that the Company will select the
shipping option at its discretion, and it may differ from your original
shipping option. The Retailer will be provided with a tracking code for the
reshipped order.
10.5.5. Approved Refund Claims
Once your refund claim has been approved it may take up to
two business days for your refund to be processed. The money will be refunded
to the original payment method used at the time of the order. Once your refund
has been processed, it may take a few days before the funds appear in your
balance. Any transaction fees incurred at the time of the refund will be borne
by you, and we will not be responsible for such fees.
Please note that we will not be held responsible for any
shipping delays or delivery failures arising as a result of any factors within
your control, such as incorrect shipping address, incorrect phone number, or
other similar factors. The Company will not be held responsible for any
shipment issues arising as a result of a force majeure event.
11. Product Warranty
Apart from the manufacturer's warranty offered by the
manufacturer and its agents, the Company does not offer any warranties for any
products sold through the Website. If you have any issues, claims or questions
regarding a product warranty, you should direct them to the manufacturer or
supplier.
12. Medical Disclaimer
ANY INFORMATION RELATING TO MEDICAL DEVICES, HEALTH
SUPPLEMENTS OR SIMILAR PRODUCTS SOLD THROUGH THE PLATFORM INCLUDING BUT NOT
LIMITED INFORMATION RELATING TO HEALTH CONDITIONS AND TREATMENTS IS PROVIDED
FOR YOUR GENERAL INFORMATION PURPOSES ONLY. NONE OF THE INFORMATION AVAILABLE
ON THE WEBSITE IS INTENDED TO REPLACE ANY MEDICAL ADVICE, RECOMMENDATION
OR DIAGNOSES PROVIDED BY A LICENSED HEALTH PROFESSIONAL. YOU SHOULD
ALWAYS CONSULT WITH YOUR DOCTOR ABOUT ANY HEALTH ISSUES OR CONCERNS THAT YOU MAY
HAVE AND SEEK MEDICAL APPROVAL BEFORE STARTING ANY NEW TREATMENT, DIET OR USING
ANY PRODUCT THAT MAY HAVE IMPLICATIONS ON YOUR PHYSICAL OR MENTAL HEALTH. ANY
STATEMENTS OR CLAIMS ON THE WEBSITE REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN
EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (FDA) OR OTHER INSTITUTION OF
SIMILAR STANDING IN THE SELLING DESTINATION. THE COMPANY DOES NOT MAKE ANY
CLAIMS REGARDING THE SHORT OR LONG-TERM HEALTH EFFECTS OF ANY PRODUCTS
POSTED/SOLD THROUGH OUR WEBSITE. EACH INDIVIDUAL IS UNIQUE, AND THE EFFECTS OF
PRODUCTS AND DIETS MAY VARY FROM INDIVIDUAL TO INDIVIDUAL. YOU SHOULD NOT
SOLELY RELY UPON THE INFORMATION PROVIDED ON THE WEBSITE TO MAKE ANY HEALTH
DECISIONS. YOUR DECISION TO PURCHASE/CONSUME ANY PRODUCTS SOLD THROUGH THE
WEBSITE IS ENTIRELY AT YOUR OWN RISK.
13. Reseller Obligations
13.1. Legality of Products
It is solely your responsibility to thoroughly investigate
the legal implication of selling a specific product that may be prohibited by
applicable law of your jurisdiction. Although we make our best effort to avoid
suppliers from selling any products that violate any existing intellectual
property rights of another person/counterfeit goods; it is solely your
responsibility to do any required research prior to selling any products to
ensure that the product is not infringing any third-party's existing Intellectual
Property rights. The Company will not assume any liability for any illegal
actions of any Supplier on the Platform.
If you wish to sell a product through a third-party online
auction or marketplace platform, it is solely your responsibility to
familiarise yourself with the applicable terms and conditions of such
third-party platform to ensure that platform does not prohibit your product.
The Company does not have any control over a third-party platform, and we will
not be a party to any agreements between you and such third-parties.
13.2. Confidentiality
The Company is continuously developing proprietary
techniques, trade secrets and other information that is deemed confidential
(“Confidential Information”). The Reseller understands that the Reseller may
come in contact with such confidential information during the course of this
Agreement. Confidential information not only includes information disclosed by
the Company to the Reseller but also information learned by the Reseller during
the use of Platform Services under this Agreement. The Reseller hereby agrees
that it will retain all such confidential information in confidence and will
not disclose any confidential information to any third party without the
express written consent of the Company, which may be withheld by the Company
for no reason. At all times, the Reseller will make its best effort to limit
the access of any third-party, to such confidential information on a need to
know basis. This provision shall survive the termination of this Agreement.
13.3. Prohibited Conduct
The Company provides Retailers access to Supplier
information such as Supplier's trade name, brand(s), product specifications,
pricing and availability. Please note you are prohibited from attempting to
establish direct contact with the Suppliers. If you have any requests for
additional products, pricing or services from a Supplier, please contact us
through the support form on our website. We will make our best effort to
communicate with the Supplier on your behalf.
You are strictly prohibited from using the services offered
by the Company for conducting any illegal activity. You agree to use the
platform in compliance with your local laws as well as laws of the country
where your customers are based.
Any breach of this provision may result in suspension or
termination of your Platform account without any refunds for the remaining
subscription period.
14. Intellectual Property
All content made available by the Company through the
Website including without limitation, the text, graphics, logos, trademarks,
audio, video, interactive features, software and the like (“Company Content”)
are owned by and/or licensed to the Company and subject to trademark, copyright
and other intellectual property laws and conventions. You understand that the
Company, its Suppliers and distribution partners and other licensors reserve
ownership and copyright in their respective intellectual property published on
the Website. You may only reproduce or alter individual product images and
description in compliance with applicable laws, the provisions of this
Agreement and solely for marketing and reselling purposes.
Unless expressly stated otherwise, You agree not to
reproduce any Company Content without the express written consent of the
Company and its Licensors. Any unauthorised use of the Company Content may
result in suspension or termination of your Platform Account.
Trademarks
Etailerhub, Kachingsku, and Kachinglogistix are Company's
registered trademarks. Any use of our proprietary trademark and trade dress for
any product or service that is not owned or operated by us is strictly
prohibited. Any trademark that appears on the Platform but which is not owned
by the Company is the intellectual property or such trademark owner who may or
may not be affiliated to the Company.
Unless expressly stated otherwise, any images of persons or
personalities visible on the Platform does not indicate an endorsement of any
product or service.
15. User Content
The Company does not claim ownership of any User Content
including but not limited to any ratings, review, questions and comments posted
by Users through the Platform. However, by posting any such User Content on the
Platform, you grant us a non-exclusive, royalty-free license to display, use,
reproduce, modify, transmit, share or otherwise publish such User Content for
any purposes we deem fit without any compensation, acknowledgement to you.
By uploading, posting or transmitting any User Content on
the Platform, you represent and warrant to us that you have the intellectual
property rights and authority to store or transmit such content and that such
submission is not contravening anyone's existing legal rights or your
obligations towards any third-party. You further grant the Company and its
authorised personnel the right to identify you as the owner of such User
Content by your name, username, or email address where appropriate or required
by law.
You understand and accept that by sending us your feedback,
ideas and suggestions you are granting us full and exclusive rights, to use,
disclose and otherwise exploit your ideas and suggestions, either by inclusion
in our Service or by creation of a new product, in whole or part, without any
restriction or compensation to you now or ever in future.
16. Information Disclaimer
ALTHOUGH WE TAKE ALL REASONABLE STEPS TO MINIMISE ANY ERRORS
AND INACCURACIES IN INFORMATION AVAILABLE ON OUR WEBSITE, HUMAN ERRORS ARE
POSSIBLE WHICH IS WHY WE ARE UNABLE TO OFFER ANY GUARANTEES.
ALL PRODUCT IMAGES DISPLAYED ON THE WEBSITE ARE FOR
ILLUSTRATIVE PURPOSES ONLY, AND THERE MAY BE VARIATIONS IN COLOR BASED ON
DIFFERENT DIGITAL SCREENS AND STUDIO LIGHTING DURING PRODUCT SHOOT. ALL PRODUCT
INFORMATION AS DISPLAYED ON THE WEBSITE IS PROVIDED BY THE SUPPLIERS, AND THE
COMPANY NEITHER REPRESENTS NOR WARRANTS THE ACCURACY OR LEGALITY OF ANY SUCH
INFORMATION INCLUDING PRODUCT PRICING, DESCRIPTION AND SPECIFICATION. IF YOU
HAVE ANY PRODUCT WEIGHT, DIMENSION, COLOUR, CAPACITY OR OTHER SIMILAR QUERIES,
PLEASE CONTACT US THROUGH THE CONTACT FORM AVAILABLE ON OUR WEBSITE. IT IS
SOLELY THE RESELLERS RESPONSIBILITY TO VERIFY ANY PRODUCT INFORMATION PRIOR TO
MARKETING ANY PRODUCT.
THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED AS
TO THE ACCURACY OF INFORMATION AVAILABLE ON THE WEBSITE AND THE COMPANY
SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES INCURRED RELATING DIRECTLY OR
INDIRECTLY, INCLUDING SPECIAL AND CONSEQUENTIAL DAMAGES FOR ANY OMISSION/ACTION
YOU TAKE BASED ON THE INFORMATION AVAILABLE ON THE WEBSITE.
ALTHOUGH WE TAKE ALL REASONABLE STEPS TO ENSURE THAT THE
INFORMATION AVAILABLE ON THE WEBSITE IS ACCURATE AND COMPLETE, WE ARE UNABLE TO
OFFER ANY GUARANTEES.
17. Parties Relationship
This Agreement shall not create a partnership, joint
venture, agency/principal, employer/employee or a similar relationship between
the Retailer and the Company. The Retailer's relationship with the Company
under this Agreement is that of an Independent Contractor. Both Parties assume
full responsibility for the payment of their respective tax liabilities and
compliance with applicable laws. The Retailer accepts sole responsibility for
collection and remittance of any applicable sales taxes to relevant local
authorities. Retailers do not have the authority or capacity to bind the
Company in any contract with any third-party. As a Retailer, you are also
prohibited from making unauthorised or illegal claims from manufacturers.
18. Governing Law and Jurisdiction
This Agreement shall be construed in accordance with the
laws of Hong Kong SAR. Both parties hereby agree to the exclusive jurisdiction
of the court of law sitting in Hong Kong SAR.
19. Indemnification
You agree to release, defend, indemnify, and hold harmless
the Company, its founders, affiliates, subsidiaries, shareholders and employees
against any claims, liabilities, charges, damages, losses, and expenses,
including, without limitation, reasonable legal and accounting fees, arising
out of or in any way connected with:
(i) the violation of these Terms by you;
(ii) Your gross negligence or willful misconduct; or
(iii) the infringement by you, or any third party using your
username and password, of any third-party's rights.
20. Limitation of Liability
In no event shall the Company, its directors, officers,
employees, shareholders and agents be liable for any loss of profits, loss of
opportunity, costs incurred in the procurement of substitute products or
indirect, incidental, special or consequential damages, arising from our
related to the use of products available on the Platform. In no event shall the
total liability of the Company exceed greater of fifty USD or the amount paid
by you to the Company in the month when the dispute first arose. THIS LIMITATION
OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED IN LAW.
THE COMPANY MAKES NO REPRESENTATION REGARDING THE
AVAILABILITY OF PRODUCTS IN ANY GEOGRAPHIC LOCATION.
21. No Class Action
Neither the Company nor the User shall bring any action
against the other as a class member in any class action. Any claim brought by
the Company or the User must be brought in their own individual capacity. YOU
HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO
BE BOUND BY THESE TERMS.
22. California Civil Code Section 1542 Waiver
You hereby release the Company, its directors, shareholders
and employees from all unknown risks arising out of or associated with the use
of Platform. If you are a resident in the State of California, you expressly
waive California Civil Code Section 1542 which states: “A general release does
not extend to claims which the creditor does not know or suspect to exist in
his or her favor at the time of executing the release, which if known by him or
her must have materially affected his or her settlement with the debtor”.
23. Contact Us
If you have any questions regarding these Terms and
Conditions you can contact us by email at support@etailerhub.com or you can
write to us at:
Etailerhub Technology Limited
Suite 3101, Everbright Centre
108 Gloucester Rd, Wan Chai
Hong Kong SAR
24. Force Majeure
Neither the Company nor the User will be held liable for any
failure to perform any of its obligations towards the other if such failure is
as a result of Acts of God (including fire, flood, earthquake, storm, hurricane
or other natural disasters), war, invasion, act of foreign enemies, hostilities
(regardless of whether war is declared), civil war, rebellion, revolution,
insurrection, military or usurped power or confiscation, terrorist activities,
nationalisation, government sanction, blockage, embargo, labor dispute, strike,
lockout or any interruption or any failure of electricity or server, system,
computer, internet or telephone service.