Term of Service

TERMS OF USE (Last Updated July 2018)

This website and/or its mobile sites and applications (the “Site”) are owned and operated by activedailyfit.com (the “Company”). 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”) on the applicable Company website, which are incorporated herein by reference. In addition, your use of this Site is governed by the Privacy Notice, which is incorporated herein by reference.

Throughout the Site, the terms “we”, “us” and “our” refer to the Company. The Company offers this Site, including all information, tools and services available through this Site, to you, the user, subject to 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 READ THESE TERMS OF USE, TOGETHER WITH THE PRIVACY NOTICE AND ANY OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.

Data Integrity

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

Privacy Notice

A copy of the Privacy Notice that applies to the collection, use, disclosure and processing of personal information through this Site is available at http://www.activedailyfit.com. You consent to the collection, storage and processing of personal information we obtain about you, whether through this Site, by email, by telephone or by any 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, including internet service provider or airtime charges. In addition, you must provide, and are responsible for, all equipment necessary to access the Site. You may not circumvent any measures implemented to prevent or restrict access to this Site. Any unauthorised access to the Site by you, including any access or use involving an account you may establish on the Site or any device you may use to access the Site, will terminate the authorisation or licence granted to you by the Company.

The Company reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site, prohibit any person from using this Site for any reason, and limit or terminate your access to or use of the Site at any time and without notice. The Company does not warrant that your use of content available through this Site will not infringe the rights of third parties not affiliated with the Company. Termination of your access or use will not waive or affect any other right or remedy to which the Company may be entitled at law or in equity.

Content You Submit

You acknowledge that you are responsible for any content you submit through the Site, including its legality, reliability, appropriateness, originality and copyright. You may not upload, distribute or otherwise publish through this Site any content that is confidential or proprietary; invades privacy or publicity rights; infringes intellectual property rights; or is unlawful, harmful, threatening, false, fraudulent, libellous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially or ethnically offensive, or otherwise objectionable. This includes, without limitation, any content that encourages conduct constituting a criminal offence, violates the rights of any party, gives rise to civil liability or otherwise violates applicable law.

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

With respect to any content you submit, display, upload, publish or otherwise make available through the Site, other than personal information handled in accordance with the Privacy Notice, you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free and non-exclusive licence to use, copy, distribute, publicly display, modify, create derivative works from and sublicense all or any portion of that content in any media. Such content will not be treated as confidential. You hereby represent, warrant and agree that: (i) any content you provide does not include anything, including text, images, music or video, for which you do not have the full right to grant such a licence to the Company; and (ii) the Company is free to exercise its rights in and/or implement your content if it chooses, without obtaining permission or a licence from any third party and without reference to you or any other person.

Links

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

DISCLAIMER

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, COVENANTS OR OTHER TERMS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITES OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE COMPANY SITES, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

YOU USE THIS SITE AT YOUR OWN RISK. THE SITE AND THE MATERIALS, 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 FEATURE OR PART OF IT AT ANY TIME. THE COMPANY DISCLAIMS ALL WARRANTIES THAT ACCESS TO 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 INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY OF ANY KIND.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE EXCLUSION OF WARRANTIES, SO THE ABOVE DISCLAIMER 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 PURCHASE AND USE OF THE 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 UNAUTHORISED 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 AT NO CHARGE.

RECOGNISING THIS, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW, 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 DAMAGE OR INJURY ARISING FROM THE 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 ON 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 SUCH DAMAGES.

IT IS THE USER’S RESPONSIBILITY 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 DAMAGE 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, OR THE THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO, ALTERATION, 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 BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION WILL BE 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 PART OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You will indemnify and hold harmless the Company Parties from all fines, penalties, liabilities, losses and other damages of any kind, including legal and expert fees, incurred by the Company Parties, and will defend the Company Parties against all claims arising from: (1) your breach of these Terms of Use; (2) your breach of the Terms of Purchase; (4) any fraud, intentional misconduct or gross negligence committed by you; or (5) your violation of any applicable law or the rights of a third party. The Company Parties will control the defence of any claim to which this indemnity may apply, and in any event you may 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 electronically all communications relating to your use of the Site. The Company will communicate with you by 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 to be received by a customer will be deemed delivered and effective when sent to the email address you provided through any of the Company’s sites.

Site Postings

The Site may allow users to post messages on the Site. The Company is under no obligation to review content, including messages, posted on or transmitted through the Site by users and assumes no responsibility or liability for such content. The Company may, at its sole discretion, monitor, decline to post or remove any such content.

Trademarks and Copyright

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of the Company, its licensors, its content providers or other parties. Users and parties acting on their behalf may not use the Marks for any purpose, including, without limitation, as meta tags on other pages or websites, without the written permission of the Company or the third party that owns the Marks. You may not use frames or framing techniques or technology to enclose any content included on the Site without the Company’s express written permission. In addition, you may not use Site content in meta tags or any other “hidden text” techniques or technologies without the Company’s express written permission. All content, including software, available on or through the Site is protected by copyright, trademark and other applicable laws.

Intellectual Property Infringement Claims

The Company respects the intellectual property of others and asks its 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 Site users who are repeat copyright infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been infringed, please provide the Company’s copyright agent with the following information. To be effective, the notice 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 owner of the copyright or other intellectual property right;

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 one notice, a representative list of those works on that site;

identification of the material you claim is infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, together with a description of where the allegedly infringing material is located on the Site;

your address, telephone number and, where applicable, email address;

a statement by you that you have a good-faith belief 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 owner of the copyright or intellectual property, or are authorised to act on behalf of the owner.

The Company’s agent for notices of copyright or intellectual property infringement may be contacted at:

service@activedailyfit.com

The Company may update this contact information from time to time without notice to you. We will publish the current contact information on this Site.

Survival of Terms After Termination

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 on a party will survive the expiration or termination of these Terms of Use.

Force Majeure

The Company will be excused from performing under 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 conditions, other natural elements 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 Company’s reasonable control.

Risk of Loss

Items purchased through the Site are shipped by a third-party carrier under a shipment contract. Accordingly, the risk of loss and title to such items pass to you upon their delivery to the carrier.

Dispute Resolution

By using the Site in any way, you unconditionally agree that: (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 concerning non-contractual obligations arising out of or relating to it, will be referred to and finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted; (ii) the law governing this arbitration clause will be the law of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”); (iii) the place of arbitration will be Hong Kong; (iv) the number of arbitrators will be one, appointed by the Hong Kong International Arbitration Centre; and (v) the arbitration proceedings will be conducted in English.

General

If any provision set out in these Terms of Use or the Terms of Purchase is held to be invalid, void or unenforceable for any reason, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in that provision, and the unenforceable provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms of Use or the Terms of Purchase. Section headings are provided for reference only and do not limit the scope or extent of the relevant section. These Terms of Use or the Terms of Purchase, and the relationship between you and the Company, will be governed by the laws of Hong Kong to the extent they are not pre-empted by or inconsistent with federal laws, without regard to conflict-of-law provisions. For any action not subject to arbitration, we both agree to submit to the personal jurisdiction of a court located in Hong Kong.

The Company’s failure to act with respect to a breach of these Terms of Use or the Terms of Purchase by you or others does not constitute a waiver of its right to act with respect to subsequent or similar breaches. If the content of this Site, or your use of it, is contrary to the laws of the place where you are located when you access it, the Site is not intended for you and we ask that you do not use it. You are responsible for informing yourself of the laws applicable in your jurisdiction and complying with them.

The Company does not guarantee that it will take action against every violation of these Terms of Use or the Terms of Purchase. Except as otherwise expressly provided in these Terms of Use or the Terms of Purchase, there are no third-party beneficiaries of these Terms of Use or the Terms of Purchase.

Changes to These Terms of Use

You acknowledge and agree that the Company may, at its sole discretion, change, add or remove any portion 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 under any circumstances. It is your responsibility to check periodically for changes we make to the Terms of Use. Your continued use of this Site after any change to the Terms of Use constitutes your acceptance of those changes.

Assignment

You may not assign these Terms of Use or the Terms of Purchase, or any rights, benefits or obligations arising under them, by operation of law or otherwise, without the Company’s prior written consent, which may be withheld at the Company’s sole discretion. Any attempted assignment that does not comply with these Terms of Use or the Terms of Purchase is null and void. The Company may assign these Terms of Use or the Terms of Purchase, in whole or in part, to any third party at its sole discretion.This website is a brand owned and operated by Shenzhen Junhong Technology Co., Ltd. All transactions on this website are processed by Shenzhen Junhong Technology Co., Ltd.

Entire Agreement and Admissibility

These Terms of Use constitute the entire agreement and understanding between you and the Company regarding their subject matter and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties regarding that subject matter. For the avoidance of doubt, these Terms of Use apply only to the extent permitted by law.

In certain cases, these Terms of Use and a separate document providing additional terms may apply to a service or product offered through this Site (“Additional Terms”). If these Terms of Use conflict with any Additional Terms, the Additional Terms will prevail unless they expressly state otherwise.

A printed version of these Terms of Use will be admissible in judicial or administrative proceedings based upon 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 of activedailyfit.com by email at service@activedailyfit.com.