Terms of Use

TERMS OF USE

These Terms of Use and any separate agreements whereby we provide you with products or services shall, to the extent permitted by applicable law, be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China.

This website and/or its mobile sites and applications (the “Site”) is owned and operated by Hong Kong Niu Ling Wen International Limited.

These Terms of Use (“Terms of Use”) apply to your use of this Site. Any purchase of products or services available through this Site is governed by the Terms of Purchase (“Terms of Purchase”) available on the relevant Company website, which is incorporated herein by reference.

Additionally, your use of this Site is governed by the Privacy Notice, which is incorporated herein by reference.

Throughout the Site, the terms “we,” “us,” “our,” and the “Company” refer to Hong Kong Niu Ling Wen International Limited.

The Company offers this Site, including all information, tools, and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use.

Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

PLEASE CAREFULLY READ THESE TERMS OF USE, ALONG WITH THE PRIVACY NOTICE AND OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, BEFORE USING THE SITE.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE APPLICABLE DISPUTE RESOLUTION PROVISIONS DESCRIBED BELOW.

Data Integrity

You represent that all information, data, and other materials you provide on this Site or to the Company through any other means are true, accurate, current, and complete.

You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

Privacy Notice

A copy of the Privacy Notice that applies to the collection, use, disclosure, and other processing of personal information on this Site is available at:

http://www.myfathbstore.com

You acknowledge that personal information we obtain about you, whether through this Site, by email, telephone, or any other means, may be collected, stored, used, transferred, and otherwise processed in accordance with the terms of our Privacy Notice and applicable law.

License and Site Access

All content available through this Site, including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, software, and the selection and arrangement thereof, is owned by or licensed to the Company or its content providers and is protected by applicable copyright, trademark, and other intellectual property laws.

The Company grants you a limited, revocable, non-exclusive license to access and make personal use of this Site.

Unless otherwise indicated, you may access, copy, download, and print content available on this Site for your personal, non-commercial use, provided that you do not modify or delete any copyright, trademark, or other proprietary notices that appear in the content.

The Company, its licensors, or content providers retain all applicable rights, title, and interest in the content available on the Site.

The Company prohibits unauthorized use of content available through the Site, including but not limited to:

downloading, copying, or otherwise using content or the Site for purposes competitive with the Company or for the benefit of another vendor or third party;
caching, unauthorized linking to the Site, or framing content available on the Site;
modifying, distributing, transmitting, performing, broadcasting, publishing, uploading, licensing, reverse engineering, transferring, selling, or creating derivative works from content, products, or services obtained from the Site where you do not have the right to do so;
uploading, posting, or transmitting material containing software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer or system;
using hardware or software intended to improperly intercept or obtain information from the Site, including scraping, data mining, robots, or similar data gathering and extraction tools; or
taking any action that imposes an unreasonable or disproportionately large load on the Company's infrastructure or interferes with the proper operation of the Site.

You are responsible for obtaining access to the Site, including any third-party fees associated with such access.

You are also responsible for providing all equipment necessary to access the Site.

You may not bypass measures implemented to prevent or restrict access to the Site.

Unauthorized access to or use of the Site may result in termination of the permission or license granted to you by the Company.

The Company reserves the right, subject to applicable law, to refuse or cancel a person's registration, remove a person from the Site, prohibit use of the Site, or limit or terminate access to the Site.

Content You Submit

You acknowledge that you are responsible for any content you submit through the Site, including its legality, reliability, appropriateness, originality, and intellectual property rights.

You may not upload, distribute, or otherwise publish through the Site content that is unlawful, fraudulent, defamatory, obscene, abusive, threatening, invasive of privacy or publicity rights, infringing of intellectual property rights, or otherwise prohibited by applicable law.

You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead others regarding the origin of submitted content.

With respect to content you submit, post, upload, publish, or otherwise make available through the Site, other than personal information governed by our Privacy Notice, you grant the Company a worldwide, transferable, royalty-free, non-exclusive license to use, copy, distribute, display, modify, create derivative works from, and sublicense such content to the extent permitted by applicable law.

You represent that you have all rights necessary to grant this license.

Links

This Site may contain links to websites or resources operated by third parties that are not affiliated with the Company.

These links are provided for convenience and informational purposes.

We are not responsible for the content, advertising, products, services, privacy practices, or other materials available through third-party websites.

The inclusion of a link does not necessarily constitute endorsement by the Company.

Your use of third-party websites may be subject to separate terms and privacy policies.

DISCLAIMERS

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE TERMS OF SERVICE, OR THE TERMS OF PURCHASE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, ITS CONTENT, OR PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE.

THIS MAY INCLUDE, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

THE SITE AND MATERIALS, INFORMATION, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THE COMPANY DOES NOT GUARANTEE THAT ACCESS TO THE SITE WILL ALWAYS BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT INFORMATION AVAILABLE THROUGH THE SITE WILL ALWAYS BE COMPLETE, ACCURATE, OR CURRENT.

Nothing in these Terms excludes or limits any warranties, rights, or remedies that cannot lawfully be excluded or limited under applicable law.

LIMITATION OF LIABILITY

You acknowledge and agree that you are responsible for your use of the Site and for communications and transactions conducted through the Site.

To the fullest extent permitted by applicable law, including applicable consumer protection laws, the Company and its licensors, suppliers, service providers, and third-party content providers shall not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages arising out of or relating to:

your use of or inability to use the Site;
third-party sites or resources accessed through links from the Site;
products or services made available or purchased through the Site;
delays or interruptions affecting the Site;
modification, removal, or deletion of content;
viruses, malware, file corruption, communication failures, network outages, unauthorized access, or data loss; or
other circumstances relating to use of the Site,

except where liability cannot lawfully be excluded or limited.

Nothing in these Terms shall exclude or limit liability where such exclusion or limitation is prohibited by applicable law.

Indemnities

To the extent permitted by applicable law, you agree to indemnify and hold harmless the Company, its affiliates, licensors, suppliers, and service providers from claims, liabilities, losses, penalties, costs, and expenses arising out of:

your material breach of these Terms of Use;
your material breach of the Terms of Purchase;
fraud, intentional misconduct, or gross negligence by you; or
your violation of applicable law or the rights of another person.

The Company may control the defense of any claim to which this indemnification applies, subject to applicable law.

Electronic Communications

When you use the Site or send emails or other electronic communications to the Company, you communicate with the Company electronically.

You consent to receiving communications related to your use of the Site electronically, including by email or by notices posted on the Site, subject to applicable law.

Electronic communications may satisfy legal requirements that communications be provided in writing where permitted by law.

Site Postings

The Site may provide users with the ability to post messages, reviews, comments, or other content.

The Company is not obligated to review all user-submitted content.

Subject to applicable law, the Company may monitor, refuse to post, edit, or remove content submitted through the Site.

Trademarks and Copyrights

Trademarks, logos, trade names, and service marks displayed on the Site are the property of the Company, its licensors, content providers, or other applicable rights holders.

You may not use such marks without prior authorization from the applicable owner.

You may not frame or use framing techniques to enclose Site content without the Company's prior written consent.

Content available through the Site is protected by applicable copyright, trademark, and other intellectual property laws.

Claims of Intellectual Property Infringement

The Company respects the intellectual property rights of others and expects users to do the same.

If you believe that your copyrighted work or other intellectual property has been used in a manner that infringes your rights, please provide us with a written notification containing, as applicable:

an electronic or physical signature of the person authorized to act on behalf of the intellectual property owner;
a description of the copyrighted work or other intellectual property claimed to have been infringed;
identification of the allegedly infringing material and sufficient information to allow us to locate it;
your address, telephone number, and email address;
a statement that you have a good-faith belief that the disputed use is not authorized by the rights holder, its agent, or applicable law; and
a statement that the information provided in your notice is accurate and that you are the intellectual property owner or authorized to act on behalf of the owner.

Notices may be sent to:

Email: support@myfathbstore.com

The Company may update this contact information from time to time by posting updated information on the Site.

Survival of Terms After Agreement Ends

Any provision of these Terms of Use that by its nature imposes or contemplates continuing obligations shall survive expiration or termination of these Terms of Use.

Force Majeure

The Company shall not be responsible for delays or failures in performance to the extent caused by events beyond its reasonable control, including, without limitation:

natural disasters or severe weather;
war, terrorism, insurrection, riots, or civil disturbances;
quarantines, government restrictions, or embargoes;
labor disputes or strikes;
epidemics, pandemics, or public health emergencies;
transportation or logistics disruptions; or
other causes beyond the Company's reasonable control.

This provision applies only to the extent permitted by applicable law.

Risk of Loss

Products purchased through the Site may be delivered by third-party carriers.

Risk of loss, delivery obligations, and title to products shall be determined in accordance with the applicable shipment terms, our Shipping Policy, and applicable law.

Nothing in this section limits any mandatory consumer rights applicable to the transaction.

Dispute Resolution

To the extent permitted by applicable law, any dispute, controversy, difference, or claim arising out of or relating to these Terms of Use, including their existence, validity, interpretation, performance, breach, or termination, or any dispute regarding non-contractual obligations arising out of or relating to them, shall be referred to and finally resolved by arbitration.

Unless otherwise required by mandatory applicable law:

the arbitration shall be conducted in accordance with the UNCITRAL Arbitration Rules in force at the time the Notice of Arbitration is submitted;
the law governing the arbitration agreement shall be the laws of the Hong Kong Special Administrative Region of the People's Republic of China;
the seat and place of arbitration shall be Hong Kong;
the number of arbitrators shall be one;
the arbitrator shall be appointed in accordance with the applicable arbitration rules and, where an appointing authority is required, the Hong Kong International Arbitration Centre (HKIAC) may act as the appointing authority; and
the arbitration proceedings shall be conducted in English.

Nothing in this section prevents a consumer from exercising rights that cannot lawfully be waived or restricted under applicable consumer protection laws.

General

If any provision of these Terms of Use or the Terms of Purchase is determined to be invalid, void, or unenforceable, such provision shall be interpreted or limited to the minimum extent necessary and, where appropriate, severed without affecting the validity and enforceability of the remaining provisions.

Section headings are for reference purposes only and do not limit the scope or meaning of any provision.

These Terms of Use, the Terms of Purchase, and the relationship between you and the Company shall, to the extent permitted by applicable law, be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to conflict-of-law principles.

For disputes that are not subject to arbitration, the parties agree, subject to applicable mandatory laws and consumer rights, to submit to the jurisdiction of the courts of Hong Kong.

The failure of the Company to enforce any provision of these Terms of Use or the Terms of Purchase shall not constitute a waiver of that provision or any other right.

If content on this Site or your use of the Site is prohibited by the laws applicable in the place where you access the Site, you are responsible for complying with applicable local laws.

Except as otherwise expressly provided, there are no third-party beneficiaries to these Terms of Use or the Terms of Purchase.

Changes to These Terms of Use

The Company may modify, add, or remove portions of these Terms of Use by posting revised Terms on the Site.

Where required by applicable law, we may provide additional notice of material changes.

It is your responsibility to review these Terms periodically.

Your continued use of the Site after updated Terms become effective will constitute acceptance of the revised Terms to the extent permitted by applicable law.

Assignment

You may not assign these Terms of Use or the Terms of Purchase, or rights or obligations under them, without the prior written consent of the Company, except where applicable law provides otherwise.

The Company may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, sale, restructuring, transfer of assets, or other business transaction, subject to applicable law.

Entire Agreement and Admissibility

These Terms of Use, together with the Terms of Purchase, Privacy Notice, and any applicable additional terms, constitute the agreement between you and the Company concerning your use of the Site.

They supersede prior or contemporaneous communications relating to the same subject matter, to the extent permitted by law.

Certain services or products may be subject to additional terms (“Additional Terms”).

If there is a conflict between these Terms of Use and applicable Additional Terms, the Additional Terms will control with respect to the relevant product or service unless otherwise stated.

A printed or electronically stored copy of these Terms may be admissible in judicial, arbitration, or administrative proceedings to the extent permitted by applicable law.

How to Contact Us

If you have any questions or comments about these Terms of Use or the Site, please contact us: