Terms of use

Terms of Use (Last updated in July 2018)

This website and/or its mobile sites and applications (the "Site") are owned and operated by cqrhch.com (the "Company"). These Terms of Use ("Terms") apply to your use of this Site. Any purchase of products or services available on this Site is governed by the Terms of Purchase ("Terms of Purchase") on the Company’s relevant 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," "our," and "us" refer to the Company. The Company provides this Site, including all information, tools, and services available on the Site, to you, the user, subject to your acceptance of these Terms. Your continued use of this Site constitutes your agreement to these Terms. If you do not wish to be bound by these Terms, please do not use the Site.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS WELL AS 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 ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER SET FORTH IN THE DISPUTE RESOLUTION SECTION BELOW.

Data Integrity

You represent that all information, data, and other materials you provide on this site or to the Company by any other means are true, accurate, current, and complete. You are responsible for updating and correcting any information you have provided on this site, as necessary.

Privacy Notice

A copy of the privacy notice that applies to the collection, use, disclosure, and processing of personal information on this site is available at http://www.cqrhch.com. You consent to the collection, storage, and processing of personal information we obtain about you (either via this site, email, phone, or other means) in accordance with the terms of the privacy notice.

You are responsible for obtaining access to the site, and such access may involve third-party charges (such as internet service provider fees or airtime charges). Additionally, you must provide and are responsible for all necessary equipment to access the site. You may not circumvent any measures implemented to prevent or restrict access to the site. Unauthorized access to the Site (including any access or use involving any account you may establish on the Site or any device you may use to access the Site) will terminate any authorization or license granted to you by the Company.

The Company reserves the right to refuse or cancel any person's registration to this Site, remove any person from this Site, and prohibit any person from using this Site for any reason, and to limit or terminate your access or use of the Site at any time and without notice. The Company does not guarantee that your use of the content available on this site will not infringe upon the rights of third parties unaffiliated with the Company. Termination of your access or use will not constitute a waiver of any other rights or remedies the Company may have, at law or equity, nor will it affect that right or remedy.

Content You Submit

You acknowledge that you are responsible for any content you submit through the site, including the legality, reliability, appropriateness, originality, and copyright of such content. You are not permitted to upload, distribute, or otherwise publish any content on this site that is confidential, proprietary, infringes privacy or publicity rights, violates intellectual property rights, is illegal, harmful, threatening, false, fraudulent, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racist, ethnic, or otherwise objectionable, including, but not limited to, any content encouraging conduct that would constitute a criminal offense, violate the rights of a party, or give rise to civil liability or otherwise violate applicable laws.

It is prohibited to use a false email address or other identifying information, impersonate any person or entity, or mislead others as to the origin of any content.

Regarding any content you submit, display, upload, post, or make available through the site (except for personal information, which is processed in accordance with the privacy notice), you grant the Company a perpetual, irrevocable, non-cancellable, worldwide, transferable, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense all or part of that content in any medium. This content will not be treated as confidential. You hereby represent, warrant, and agree that: (i) any content you provide does not include anything (including, but not limited to, text, images, music, or video) for which you do not have full right to grant such a license to the Company; and (ii) the Company is free to exercise its rights over and/or implement your content if it wishes, without obtaining permission or a license from any third party and without referencing you or any other person.

Links

This site may contain links to other websites or resources operated by third parties unaffiliated with the Company. These links are provided for your convenience and as an additional means of accessing the information contained on them. We are not responsible for the content, advertising, products, or other materials available on these sites or resources. The inclusion of links to other sites or resources should not be construed as an endorsement of the content on those linked sites or resources. Different terms and privacy policies may apply to your use of the linked sites or resources. The Company is not responsible, directly or indirectly, for any damage, loss, or liability caused or allegedly caused by or in connection with the use of or reliance on any such content, products, or services available on or through these linked sites or resources.


DISCLAIMER OF LIABILITY

UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS OF USE, THE TERMS OF SERVICE, OR THE PURCHASE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE COMPANY SITES, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE.

YOU USE THIS SITE AT YOUR OWN RISK. THE SITE AND THE MATERIAL, INFORMATION, SERVICES, AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FUNCTION OR PART OF IT AT ANY TIME. THE COMPANY DISCLAIMS ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE WILL BE SECURE, THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE FREE OF VIRUSES, OR THAT THE INFORMATION ON THE SITE WILL BE ACCURATE, COMPLETE, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE CORRECT. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE DISCLAIMER OF LIABILITY ABOVE MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND THE PURCHASE AND USE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND THAT THE SITE IS MADE AVAILABLE TO YOU FREE OF CHARGE. RECOGNIZING THIS, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAWS), NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS (THE "COMPANY PARTIES") WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE COMPANY SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY); (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL, OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE.

YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnities

You agree to indemnify and hold harmless the company parties from any fines, penalties, liabilities, losses, and other damages of any kind (including legal and expert fees) incurred by the company parties and those parties, and to defend the company parties and those parties against all claims arising from (1) your breach of these terms and use; (2) your breach of the purchase conditions; (3) fraud committed by you, intentional wrongdoing, or gross negligence; or (4) your violation of any applicable law or third-party rights. The company parties will control the defence of any claim to which this indemnity may apply and, in any event, you will not settle any claim without the prior written consent of the company parties.

Electronic Communications

When you use the site or send emails to the company, you communicate with the company electronically. You agree to receive all communications related to your use of the site electronically. The company will communicate with you via email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the company intended for a customer are deemed delivered and effective when sent to the email address you provided on any of the company's sites.

Site Posts

The site may allow users to post messages on the site. The company is not obligated to review the content (including messages) posted on or sent through the site by users and assumes no responsibility for such content. The company may, at its sole discretion, monitor, not post, or remove such content.

Trademarks and Copyrights

The trademarks, logos, and service marks ("trademarks") displayed on the site are the property of the company, its licensors, content providers, or other parties. Users or any party acting on their behalf are prohibited from using the trademarks for any purpose, including but not limited to as meta tags on other pages or sites, without the written permission of the company or the third-party owner of the trademarks. The use of frames or framing techniques or technologies to enclose any content included in the site without the express written permission of the company is prohibited. Furthermore, you may not use the content of the site in meta tags or other "hidden text" techniques or technologies without the express written permission of the company. All content (including software) available on the site or through it is protected by copyright, trademarks, and other applicable laws.

Intellectual Property Claims

The company respects the intellectual property rights of others, and we ask our users to do the same. You are hereby informed that the company has adopted and reasonably implemented a policy providing for the termination, in appropriate circumstances, of users of the website who are repeat infringers of copyright. If you believe your work has been copied in a way that constitutes a copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the company's copyright agent with the following information (for the notification to be effective, it must be in writing and provided to our copyright agent):

  • An electronic or physical signature of the person authorised to act on behalf of the copyright owner or other intellectual property rights holder;

  • A description of the copyrighted work or intellectual property that you claim has been infringed, or, if multiple copyrighted works on a single online site are covered by a single notification, a representative list of such works on that site;

  • Identification of the material that you claim is infringing or the subject of infringing activity and that should be removed or access to which should be disabled, along with a description of where the material you claim is infringing is located on the site;

  • Your address, phone number, and, if applicable, your email address;

  • A statement by you that you believe in good faith that the disputed use is not authorised by the copyright owner, its agent, or the law; and

  • A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or intellectual property rights holder, or that you are authorised to act on behalf of the copyright owner or intellectual property rights holder.

The company's copyright agent for notifying claims of copyright or intellectual property infringement can be contacted as follows:

service@cqrhch.com

The company may update this contact information from time to time without notifying you. We will post the current contact information on this site.

Survival of Terms After Termination of Agreement

Notwithstanding any other provision of these Terms of Use or any general legal principle to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations for a party will survive the expiration or termination of these Terms of Use.

Force Majeure

The company shall be excused from performing these Terms of Use or the Terms of Purchase to the extent that it is prevented or delayed, in whole or in part, by an event or series of events caused by or resulting from (1) weather or other natural conditions or natural disasters; (2) acts of war, terrorism, insurrection, riot, civil disorder, or rebellion; (3) quarantines or embargoes; (4) strikes; or (5) other causes beyond the reasonable control of the company.

Risk of Loss

Items purchased on the site are shipped by a third-party carrier in accordance with a shipping contract. Therefore, the risk of loss and title to these items transfer to you once they are delivered to the carrier.

Dispute Resolution

By using the site in any manner, you unconditionally consent to the following: (i) any dispute, controversy, difference, or claim arising out of or relating to this agreement, including its existence, validity, interpretation, performance, breach, or termination, or any dispute regarding non-contractual obligations arising from or relating to this agreement, will be submitted to and finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules in effect at the time of the submission of the arbitration notice; (ii) the law applicable to this arbitration clause is the law of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"); (iii) the place of arbitration is Hong Kong; (iv) the number of arbitrators is one, appointed by the Hong Kong International Arbitration Centre; and (v) the arbitration process will be conducted in English.

General

If any provision of these Terms of Use or Purchase Conditions is found to be invalid, void, or unenforceable for any reason, the parties agree that the court shall attempt to give effect to the parties' intentions as reflected in the provision, and the unenforceable provision shall be deemed separable and shall not affect the validity and enforceability of the remaining provisions of these Terms of Use or Purchase Conditions. Section titles are for reference only and do not limit the scope or extent of the section in question. These Terms of Use or Purchase Conditions and the relationship between you and the company shall be governed by the laws of Hong Kong, to the extent that they are not preempted or inconsistent with federal laws, without regard to conflicts of law principles. For any action not subject to arbitration, we both agree to submit to the personal jurisdiction of a court located in Hong Kong.

The fact that the company does not act in the event of a breach of these Terms of Use or Purchase Conditions by you or others does not mean it waives its right to act in the event of future or similar violations. If the content of this site or your use of it violates the laws of the jurisdiction where you are located when you access it, the site is not intended for you, and we ask that you do not use it. It is your responsibility to be aware of and comply with the laws in your jurisdiction.

The company does not guarantee that it will take action against all violations of these Terms of Use or Purchase Conditions. Except as expressly provided in these Terms of Use or Purchase Conditions, there are no third-party beneficiaries to these Terms of Use or Purchase Conditions.

Modifications to these Terms of Use

You acknowledge and agree that the company may, at its sole discretion, modify, add to, or remove any part of these Terms of Use at any time and in any manner by posting revised Terms of Use on the site. You may not amend or modify these Terms of Use in any way. It is your responsibility to periodically check for changes to the Terms of Use. By continuing to use the site after any changes to the Terms of Use, you accept those changes.

Assignment

You may not assign these Terms of Use or Purchase Conditions (nor any rights, benefits, or obligations arising therefrom) by operation of law or otherwise without the prior written consent of the company, which may be withheld at the company’s sole discretion. Any attempt to assign in violation of these Terms of Use or Purchase Conditions is void. The company may assign these Terms of Use or Purchase Conditions, in whole or in part, to any third party at its sole discretion.

Entire Agreement and Enforceability

These Terms of Use constitute the entire agreement and understanding between you and the company with respect to their subject matter and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. For clarity, these Terms of Use apply only to the extent permitted by law.

In some cases, these Terms of Use and a separate document providing additional conditions may apply to a service or product offered through this site ("Additional Terms"). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms shall prevail, unless the Additional Terms expressly state otherwise.

A printed version of these Terms of Use is admissible in judicial or administrative proceedings based on or relating to the use of this site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

If you have any questions or comments about these Terms of Use or the Site, please contact the legal department at cqrhch.com by email at: service@cqrhch.com.