Terms & Condition
1. Acceptance of Terms
You’re welcome to use the i-agape (http://www.i-agape.com) website services (hereinafter referred to as “i-agape”, "this service", "our services”, “i-agape's services”, “our website” or “i-agape website”) operated by NutriAlley Company Limited. The following Terms of Service (“TOS”) constitute a legally binding agreement between you and us, governing your access to and use of our services. When you access our website and use our services, it is presumed that you have read, understood, and agree to be bound by the terms and provisions of the TOS.
This service includes this website and all information, linked pages, functions, data, text, images, photos, graphics, music, sound, videos, messages, tags, content, programs, software and application services (including but not limited to any mobile application services) provided through this website or its related services. Regarding customer service and regional support services, according to your country or location, the local legal person designated by i-agape and his/her personnel will provide related services and contacts as follows:
• For the Hong Kong Region, services will be provided by NutriAlley Company Limited.
When you use specific i-agape services or new features, you shall be subject to terms of service or related posted guidelines, rules, polices and regulations separately announced by i-agape based on the nature of the specific service or features used. These separate terms of service or related posted guidelines, rules, polices and regulations are also incorporated as part of these TOS, which regulate your use of the service provided by i-agape.
i-agape reserves the right to revise or update the content of the TOS at any time. Therefore, it is recommended that you review the TOS regularly. By continuing to use our services after any revision or updates to the TOS, it is presumed that you have read, understood, and agreed to the revisions or updates. If you do not agree with the content of the TOS, or your country or area excludes our TOS, please stop using our services immediately.
If you are under 18 years of age, and you use or continue to use our services, it is presumed that a parent or legal guardian has read, understood, and agree to the content of the TOS and its subsequent revisions or updates.
2. Links to Third Party Websites
i-agape or companies that help us provide services may provide links to external websites or online resources. By clicking on third party links on i-agape's platforms, you acknowledge and agree that i-agape is not associated with, responsible for, or endorses any content, advertising, products, or other materials on or available from such sites or resources. All external websites operated by third parties are the sole responsibilities of their web operators and therefore beyond i-agape's control and responsibility. i-agape cannot guarantee the appropriateness, reliability, timeliness, effectiveness, correctness, and completeness of external websites.
3. Your Registration Obligations
In consideration of your use of i-agape's services, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by i-agape's registration form; and (b) maintain and promptly update the above-mentioned information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or there is reason to suspect so, i-agape has the right to suspend or terminate your account and deny your use of all, or part, of our services.
4. User Account, Password, and Security
Upon completing the registration process for using our services, you are responsible for maintaining the confidentiality of your account and login details (username and password). In addition, you agree to (a) immediately notify i-agape of any unauthorized use of your account or account login or any other breach of security; and (b) ensure that you log out from your account at the end of each session.
5. Your Content
By creating, uploading, posting, sending, receiving, storing or otherwise making available any of Your Content (collectively, “Content”), including but not limited to, text, images, videos, reviews and comments, on or through i-agape services, you represent and warrant that you have all rights and/or consents that are necessary to grant to i-agape the rights to such Content, as contemplated under the TOS.
You hereby grant i-agape a non-exclusive, worldwide, royalty-free license, irrevocable, perpetual, with the right to sublicense and transferable license, to use, copy, modify, prepare derivative works, translate, distribute, license, restore, transmit, adapt or otherwise exploit such Content on, through, or by means of our services. i-agape may use Content to promote i-agape or our Services in general, in any format and through any channels, including but not limited to email, third-party websites or advertising mediums.
You acknowledge and agree that you are solely responsible for all Content that you make available on, through or by means of our services, and that you will indemnify i-agape for all claims resulting from Content you supply. You represent and warrant that the Content will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, other proprietary, intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
To assist members who speak different languages, Content may be translated, in whole or in part, into other languages. i-agape services may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement. i-agape also cannot guarantee the accuracy or quality of such translations, and you are responsible for reviewing and verifying the accuracy of such translations.
6. Protection of Minors
The Internet contains information that is not suitable for minors, such as those containing pornographic or violent content, which may result in mental, spiritual, or physical harm to minors. Therefore, in order to ensure safety on the Internet for minors, and to avoid privacy breaches, a minor's parent or legal guardian shall have the obligation to:
(a) Review the Privacy Policy of the website, and decide whether they agree to provide the requested personal data. The parent or guardian should regularly remind their children that they should not disclose any information on themselves or about their family (including name, address, contact number, email address, pictures, credit or debit card numbers, etc.) to anybody. In addition, they should not accept any invitations or gifts from friends they only communicate with online, or agree to meet such friends alone. (b) Be cautious in selecting suitable websites for minors. Children under 12 years of age should only use the Internet under full supervision. Minors over 12 years of age should only visit websites for which a parent or legal guardian has already given approval.
7. User's Legal Obligation and Commitment
You agree to never use i-agape's services for any illegal purpose or in any unlawful manner, and undertake to comply with related laws of the HKSAR and all international practices for Internet use. If you are a user outside the HKSAR, you agree to comply with the laws of your country or region. You agree and pledge not to use i-agape's services to infringe on the rights or interests of others, or for any illegal conduct. You agree not to use i-agape's services to:
(a) upload, post, publish, email, transmit, or otherwise make available any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that is libelous, defamatory, unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, false, invasive of another's privacy, hateful, or that violates or incites violation of public order, or that is racially, ethnically, or otherwise objectionable; (b) upload, post, publish, email, transmit, or otherwise make available any Content that violates or infringes on another person's reputation, privacy, trade secrets, trademark, copyright, patent rights, other intellectual property rights, or other rights; (c) upload, post, publish, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law, or under contractual or fiduciary relationships; (d) impersonate any person or entity including using another person's name to use our services; (e) upload, post, publish, email, transmit, or otherwise make available any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, damage, or limit the functionality of any computer software, hardware, or telecommunications equipment; (f) engage in illegal transactions, post false or erroneous messages, or post message that induce others to commit crimes; (g) upload, post, publish, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; (h) harm minors in any way; (i) forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through our services; (j) interfere with or disrupt the our services, or servers or networks connected to our services, or disobey any requirements, procedures, policies or regulations of networks connected to our services including using any device, software or routine to bypass our robot exclusion headers; (k) "stalk" or otherwise harass another, or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs "a" through "j" above; and/or (l) to conduct any other activity or behavior that i-agape sees as inappropriate on reasonable grounds.
8. System Interruptions or Breakdowns
When accessing i-agape’s services, you may at times encounter interruptions or breakdowns. This may lead to inconvenience during use, loss of information, errors, unauthorized alteration, or other economic losses. We advise that you take protective measures when using our services. i-agape will not be liable for any damage caused by your use (or inability to use) our services, unless it is caused by us intentionally or due to gross negligence on our part.
9. Information or Suggestions
i-agape does not guarantee the complete correctness and accuracy of information or suggestions acquired from your use of our services or other websites connected to our services (including but not limited to business, investment, medical, or legal information or suggestions). i-agape reserves the right to modify or delete at any time any information or suggestion provided under our services. Before making plans and decisions based on information or suggestions obtained from our services, you must obtain professional advice in keeping with your individual requirements.
i-agape may cooperate at any time with third parties ("Content Providers"), which may provide news, information, articles, video, e-newsletters, or activities for posting on i-agape. i-agape will state the Content Provider in all cases at the time of posting. Based on the principle of respect for the intellectual property rights of Content Providers, i-agape shall not perform any substantial review or revision of content from such Content Providers. You should make your own judgments concerning the correctness or authenticity of such content. i-agape shall not be held liable for the correctness or authenticity of this type of content. If you feel that certain content is inappropriate, infringes on others' rights, or contains falsehoods, please directly contact the Content Provider to state your views.
10. Ad
All advertising content, text or picture descriptions, display samples, or other marketing information that you see when using our services ("Advertisement"), are designed and provided by their advertising companies, or product or service suppliers. You should exercise your own discretion and judgment about the correctness and reliability of any Advertisement. i-agape only posts the Advertisement. i-agape shall not assume responsibility for any Advertisement.
11. Sales or Other Transactions
Suppliers or individuals may use our services to buy and/or sell (trade) products, services, or other transactions. If you engage in any transaction, the trade or other agreement exists between only you and the supplier or individual. You should request from such suppliers or individuals to provide prior detailed explanations and descriptions of their products, services, or other object of transaction in terms of the quality, content, shipping, warranty, and liability for warranty against defects. In case of any dispute arising out of a trade, service, or other transaction, you should seek remedy or resolution from the relevant supplier or individual.
12. Protection of Intellectual Property Rights
The programs, software, and all website content employed by i-agape, including but not limited to product information, images, files, website frameworks, website interface infrastructure, and webpage designs, and user content, shall in all cases constitute intellectual property rights legally in the possession of i-agape or other rights holder. Such intellectual property rights shall include but not be limited to trademarks, patent rights, copyrights, trade secrets, and proprietary technologies. No persons may willfully use, modify, reproduce, broadcast, transmit, publicly perform, adapt, disseminate, distribute, publish, restore, decode, or disassemble of said intellectual property. You may not quote, reprint, or reproduce the above-mentioned programs, software, and website content, without prior written permission from i-agape or the copyright owner, except when clearly permitted by the law. You must fulfill your duty to respect intellectual property rights, or bear full responsibility for any damage. In order to market and promote our services, product or service names, images, or other propriety materials related to these services belonging to i-agape and its affiliates (“i-agape Trademarks”) are protected by the Cap. 559 Trade Marks Ordinance (HKSAR) according to their registration or usage. You agree not to use i-agape Trademarks in any way, without prior written permission from i-agape.
13. Notices
i-agape may communicate legal or other relevant regulatory notices, including those regarding changes to the TOS, using but not limited to the following channels: email, postal mail, SMS, MMS, text message, postings on our services' webpages, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing our services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our services in an authorized manner.
15. Termination
You agree that i-agape may, at its own discretion, terminate, limit access to, or suspend your i-agape account (or any portion thereof), or the usage of these services, or remove or delete any “member content” within these services for any reason. Reasons for termination, access limitation, or suspension include, but are not limited to, (a) extended periods of inactivity, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to i-agape services (or any part thereof), (d) unexpected technical or security issues or problems, (e) engagement by you in fraudulent or illegal activities, (f) nonpayment of any fees owed by you in connection with the Yahoo Services, and/or (g) breaches or violations of the TOS or other incorporated agreements or guidelines. In addition, you agree that i-agape may, according to its discretion, with or without notice, at any time terminate or limit your usage of these services or any portion thereof. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in i-agape's sole discretion and that i-agape shall not be liable to you or any third party for any termination of your account or access to these services.
16. Applicable Law and Jurisdiction
The TOS constitutes the entire agreement between you and i-agape and governs your use of the i-agape's services, superseding any prior version of this TOS between you and i-agape with respect to i-agape's services. In all cases, the explanation and application of the TOS, and any disputes concerning the TOS, unless otherwise provided by the TOS, or stipulated by law, shall all be handled according to the laws of HKSAR, and the HKSAR District Court shall be the court of first instance.
17. Miscellaneous
The failure of i-agape to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please contact i-agape at [email protected] to report any violations of the TOS or to pose any questions regarding the TOS.