TERMS OF USE
TERMS OF USE
This website, mobile application and/or FLASHOME social media pages (“Site”) are operated by YITUO ZHILIAN (CHENGMAI) INTERNATIONAL TRADING CO., LTD., referred to as "FLASHOME".
Access to this Site and/or the Services (both defined below) is subject to these terms and conditions and our Privacy, Cookies and Data Protection Policy (collectively known as “Web Terms”). By accessing this Site, ordering Products and/or using the Services, you agree to be legally bound by these Web Terms. At times, additional terms may apply. If you do not accept these Web Terms and/or the additional terms, please leave the Site and discontinue use of the Services immediately.
1. REPRESENTATIONS & WARRANTIES
You hereby declare that:
you have read and accepted the Web Terms in its entirety;
you are at least 18 years old and have the necessary legal capacity, right, power and authority to accept these Web Terms and you are either;
accessing this Site, using the Services and contracting in your own personal capacity; or
accessing this Site, using the Services and contracting on behalf of a corporation or another legal entity.
you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Web Terms; and
all of the information provided by you to FLASHOME (including personal particulars and contact information) is accurate and complete.
2. DEFINITIONS
Account: defined in Clause 5(i).
Agreement: means the agreement formed by the Web Terms.
FLASHOME Content: means all Content of FLASHOME that is made available on or via this Site.
Computer: means your computer; notebook computer; personal digital assistant; mobile phone; tablet device; or other electronic device used to access this Site or the Services.
Content: means product listings; product descriptions and reviews; materials; information; news; advertisement; listings; data; input; text; songs; audio; video; picture; graphics; software; blogs; webcasts; podcasts; broadcasts; messages; comments; suggestions; ideas; and other content.
Linked Sites: means website links that appear on the Site.
Marks: means the logo, trademarks and service marks used on the Site.
Privacy Policy: means FLASHOME’s Privacy, Cookies and Data Protection Policy as reflected on the Site.
Products: means FLASHOME products ordered and/or services provided on this Site.
Servers: means the computer software; systems and servers hosting; and operating, managing, providing or contributing to the Site and the Services.
Services: defined in Clause 3(ii).
Site: means the website at www.yituozhilian.com or the mobile application.
Third Party Products: means products and services from third parties that are advertised on or available at the Site or websites linked from the Site.
Third Party User Content: means all User Content that is not created, transmitted, posted or uploaded by you.
User Content: means all Content on this Site that is created, transmitted, posted or uploaded by a user of the Site.
Web Terms: means the Site terms and conditions as well as the Privacy, Cookies and Data Protection Policy.
The words "include" and "including" shall not be understood as having any limiting effects.
The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
3. SITE AND SERVICES
The Site is owned and maintained by FLASHOME.
FLASHOME may now or in the future offer one or more of the following services on or through the Site:
online ordering of Products
access to Content
search engines or tools
a platform to create, upload and publicly make User Content available
product reviews and catalogs; message boards; forums; blogs; communication tools
any other features, content or applications that FLASHOME may offer on the Site at its sole discretion.
You acknowledge and agree that by placing an order for Products and to access and use certain Services, you will agree to the Web Terms.
4. CONTENT USE CONDITIONS
You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of:
any Service
the Site
any FLASHOME Content except with prior written consent from FLASHOME
any User Content except with prior written consent from FLASHOME and the owner of the specific User Content
You agree not to reproduce, display or provide access to the Services, FLASHOME Content, or Third Party User Content on another website or server by framing, mirroring, linking, spidering, scraping or any other technological means without prior written permission.
All FLASHOME Content are the copyrighted work of FLASHOME or its providers. FLASHOME reserves all rights to its Content.
You may not decompile, reverse engineer or attempt to discover the source code of any FLASHOME Content except as permitted by law.
5. PASSWORD & ACCOUNT
FLASHOME may require you to register an online account ("Account") to access certain parts of the Site or Services.
You agree that your Account is for your sole, personal use. You agree not to:
share with or permit others to use your Account
assign or transfer your Account to any other person or entity
use your Account for commercial purposes
You shall provide FLASHOME with accurate, complete, and up-to-date Account information. Failure to do so may result in restriction, suspension or immediate termination of your Account.
You may not:
select or use a User ID of another person with intent to impersonate
use a name that belongs to another person without authorisation
use a User ID that FLASHOME deems inappropriate or offensive.
You shall promptly notify FLASHOME of any unauthorised use of your Account or breach of security. You are responsible for safeguarding your User ID and Password.
FLASHOME shall have no responsibility for any loss arising from wrongful or fraudulent use of your User ID and Password.
FLASHOME reserves the right to change or re-assign User IDs and Passwords at its sole discretion.
6. USE OF ACCOUNT INFORMATION
By providing the information requested for your Account, you consent to FLASHOME’s use and disclosure of all such information for the purposes set out in our Privacy Policy.
7. SUSPENSION AND TERMINATION OF ACCOUNT
FLASHOME has the right to restrict, suspend, or terminate your access to all or any part of the Site or Services, and to terminate, deactivate or suspend your Account without assigning any reason.
FLASHOME may deactivate your Account if it has been inactive for six (6) months or more, or if you are in breach of these terms.
You agree not to hold FLASHOME liable for any loss or damage incurred in connection with the suspension or termination of your Account.
8. INTELLECTUAL PROPERTY
The copyright, patents, Marks, registered designs and all intellectual property rights in the Services, the Site, and all FLASHOME Content shall remain with FLASHOME. The Site as a whole is protected by copyright. All worldwide rights, titles and interests in the Site are owned by FLASHOME. Any unauthorized use is prohibited. All rights not expressly granted are reserved by FLASHOME.
The Marks displayed on this Site are the property of FLASHOME or third parties. You may not use any Marks without prior written consent.
The domain name of the Site is the sole property of FLASHOME.
9. ONLINE CONDUCT
You agree:
to comply with these Web Terms and other guidelines posted on the Site
not to use any Service or FLASHOME Content for any unlawful purpose
not to hack, interfere with, disrupt, disable, over-burden or impair the Site, Services or Servers
not to use the Account of another user at any time.
10. USER CONTENT & LICENCE
You agree to act respectfully when participating in community features.
You may not submit, upload or publish on the Site:
any User Content that is illegal, defamatory, obscene, offensive, infringing, or misleading
any User Content that contains spam, viruses, Trojan horses, worms or other harmful programs
any third-party content or links without permission.
If you upload or post User Content to the Site, you automatically grant FLASHOME a non-exclusive, royalty-free, irrevocable, perpetual and worldwide licence to use, store, reproduce, modify, distribute, publish, display, transmit and sub-licence the User Content.
You represent and warrant that all User Content is original, does not infringe third-party rights, and will not expose FLASHOME to legal proceedings.
FLASHOME may remove or decline any User Content at its sole discretion.
You agree to indemnify FLASHOME against all claims arising from User Content you submit.
The copyright in your User Content remains with you, subject to the licence granted to FLASHOME.
11. DISCLAIMERS & LIMITATIONS
FLASHOME Content is provided on an “as is” and “as available” basis without warranties of any kind, express or implied. FLASHOME disclaims all warranties including merchantability, fitness for a particular purpose and non-infringement.
FLASHOME does not warrant that the Site or Services are uninterrupted, error-free, free of viruses or harmful components. You assume the entire cost of all necessary servicing, repair or correction.
FLASHOME shall not be liable for any indirect, special, consequential, or incidental damages arising from the use of or inability to use the Site, Services or Content.
FLASHOME’s total liability shall not exceed the total amount you paid to FLASHOME for Services in the one (1) month period preceding the claim.
12. LINKED SITES
FLASHOME may provide links to third-party websites. FLASHOME has no control over and is not responsible for such sites. You waive any claims against FLASHOME in relation to Linked Sites.
13. DATA USE & PRIVACY
Please read our Privacy, Cookies and Data Protection Policy before submitting any personal information.
14. TERMINATION
FLASHOME may restrict, suspend or terminate your access to the Site or Services at any time without notice.
15. NOTIFICATION OF INFRINGEMENT
If you believe your work has been infringed on this Site, notify FLASHOME in writing:
Attn: E-Commerce Manager
YITUO ZHILIAN (CHENGMAI) INTERNATIONAL TRADING CO., LTD.
Email: ecommerce@yituozhilian.com
FLASHOME will investigate and remove infringing material within a reasonable time.
16. JURISDICTIONAL ISSUES
This Site is operated by FLASHOME in Hainan, China. Those who access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
17. INDEMNITY
You agree to indemnify FLASHOME against all claims, liabilities, costs and expenses arising from your use of the Site, breach of these terms, or violation of any third-party rights or applicable laws.
18. VARIATION
FLASHOME reserves the right to change, modify, suspend or discontinue any part of the Services or Site at any time.
FLASHOME may amend these Web Terms by posting the updated version on the Site. Your continued use constitutes acceptance of the amended terms.
19. SEVERABILITY
If any provision is found illegal, void or unenforceable, the remainder shall continue in full force.
20. RELATIONSHIP OF PARTIES
Nothing in these Web Terms constitutes an agency, partnership or joint venture between FLASHOME and you.
21. WAIVER
No waiver by FLASHOME shall be effective unless in writing. Failure to enforce any right shall not constitute a waiver of that right.
22. FORCE MAJEURE
No party shall be liable for failure to perform obligations due to events beyond reasonable control, including natural disasters, war, government action, utility failures, etc.
23. RIGHTS OF THIRD PARTIES
A person who is not a party to this Agreement shall have no right to enforce any term hereof.
24. GOVERNING LAW & JURISDICTION
These Web Terms are governed by the laws of the People's Republic of China.
You agree to submit to the exclusive jurisdiction of the courts located in Hainan Province, China.
25. LANGUAGE
In case of inconsistency between the English version and any translation, the English version shall prevail.
26. CONTACT
If you have any questions, contact us at: customers@yituozhilian.com