TERMS AND CONDITIONS | GAINYO
These Terms & Conditions updated on 22nd June 2022, version 1.0 form a part of these Terms & Conditions.
GAINYO CO., Ltd. is the owner of the website.
To contact us, please email firstname.lastname@example.org directly to us.
The words & phrases “us”, “we”, and “our” refer to GAINYO. CO LIMITED LIABILITY PARTNERSHIP.
We offer you this website, including all information, tools, and services available from this site, this user, on the condition of your acceptance of all terms, policies, conditions, and notices stated here.
By visiting our site and/or buying degradables from us means you’ve already engaged in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms & conditions, as well as policies referenced herein and/or available by hyperlink. All of these Terms of Service apply to all users of this site, including but without limitation to users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please carefully read these Terms of Service before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you can choose to not visit this website or not use any services that this website lists. If all of these Terms of Service are considered an offer, then the acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current B2B store shall also be subject to the Terms of Service. You can view the most current version of the Terms of Service at any time on this page. We have & reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. You can check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WORDPRESS Inc. They provide us with an online e-commerce platform that let us sell our products and services to you.
PART 01: TERMS OF THE ONLINE STORE
If you are agreed to these Terms of Service, that means you are at least 18 years old.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
If you violate any of the Terms will result in an immediate termination of your Services.
PART 02: GENERAL CONDITIONS IN THIS WEBSITE
We reserve the right to refuse service to anyone for any reason at any time.
You should understand that your content (Payment information not included), might be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Payment information is always encrypted during transfer over networks.
You shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
PART 03: THE INFORMATION’S ACCURACY, COMPLETENESS, AND TIMELINESS
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be depended upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site might contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We hold the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
PART 04: MODIFICATIONS TO THE SERVICE AND QUOTED PRICES
Quoted prices are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, quoted price change, suspension, or discontinuance of the Service.
PART 05: PRODUCTS OR SERVICES
Part of our products or services might be available exclusively online through the website. These products or services might have limited quantities and are subject to return or exchange only according to our Return Policy.
We have already made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot promise that your computer monitor’s display of any color will be 100% accurate.
We reserve the right but we are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we provide. All descriptions of products or product prices are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material bought or obtained by you will meet your expectations.
PART 06: OPTIONAL TOOLS
We might offer you access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We might also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
PART 07: THE THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may lead you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
PART 08: PERSONAL INFORMATION
PART 09: ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information (And of course, we’ll contact you first).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PART 10: PROHIBITED USES
Apart from other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
PART 11: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
PART 12: COMPENSATION
You agree to indemnify, defend and hold harmless GAINYO.CO LIMITED LIABILITY PARTNERSHIP and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
PART 13: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
PART 14: SEVERABILITY
All the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
PART 15: TERMINATION OF TERMS & CONDITIONS
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You might terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
PART 16: THE WHOLE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
PART 17: ABOUT THE GOVERNING LAW
GAINYO CO., Ltd. is registered in PRC and has offices in PRC only. These Terms and Conditions will hereby be governed by and construed in accordance with the laws of PRC and no other foreign or international laws shall apply.
In case of any dispute or claim, however, before undertaking any method involving a third party, you hereby agree to first contact GAINYO CO., Ltd. directly so that the parties may come to an amicable solution.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the PRC International Arbitration Centre (“PRCIAC”) in accordance with the Arbitration Rules of the PRC International Arbitration Centre (“PRCIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be PRC. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
Our rights under this section will survive any termination of these Terms and Conditions.
PART 18: CHANGES TO TERMS OF SERVICE
As you can see, now you can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
PART 19: CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.