1.1 These terms and conditions of use (Terms) explain how you may use this App.
These Terms apply between Spirit Age Technology Limited (we, us orour) and
you, the person accessing or using the App (you or your).
1.2 You should read these Terms carefully before using the App. By using the App or
otherwise indicating your consent, you agree to be bound by these Terms. If you do not
agree with any of these Terms, you should stop using the App immediately.
1.3 These Terms apply to any parts of the App, its functionality and content provided to
you free of charge for information purposes only.
2.1 We are Spirit Age Technology Limited. Our registered office is at Room 1003, 10 / F,
tower 1, Lippo centre, 89 Queensway, Queensway, Hong Kong.
2.2 If you have any questions about the App, please contact us by:
sending an email
to support@vapergift.com.
3.1 The App is for your business use only, which refers to the sales of our
products[including but not limited elfbar,Lost mary,ELFLIQ,Funky Lands].
3.2 We try to make the App as accessible as possible. If you have any difficulties using
the App, please contact us using the contact details at the top of this page.
3.3 As a condition of your use of the App, you agree to comply with our
App terms and
conditions and agree not to:
(a) misuse or attack our App by knowingly introducing viruses, trojans, worms,
logic bombs or any other material which is malicious or technologically harmful
(such as by way of a denial-of-service attack), or
(b) attempt to gain unauthorised access to our App, the server on which our App
is stored or any server, computer or database connected to our App.
3.4 We may prevent or suspend your access to the App if you do not comply with these
Terms
or any applicable law.
4.1 Use of parts of the App require registration, particularly in order to
access restricted
areas of the App.
4.2 We are not obliged to permit anyone to register with the App and we
may refuse,
terminate or suspend registration to anyone at any time.
4.3 You are responsible for making sure that your password and any other
account details are
kept secure and confidential.
4.4 If we have reason to believe there is likely to be a breach of
security or misuse of the
App through your account or the use of your password, we may notify you and require you
to change your password, or we may suspend or terminate your account.
4.5 Any personal information you provide to us as part of the registration
process will
be processed in accordance with our Privacy Policy available at
https://www.vapergift.com/private.html
6.1 The intellectual property rights in the App and in any text, images,
video, audio or
other multimedia content, software or other information or material submitted to or
accessible from the App (Content) are owned by us and our licensors.
6.2 We and our licensors reserve all our intellectual property rights
(including, but not
limited to, all copyright, trade marks, domain names, design rights, database rights,
patents and all other intellectual property rights of any kind) whether registered or
unregistered anywhere in the world. This means, for example, that we remain owners of
them and are free to use them as we see fit.
6.3 Nothing in these Terms grants you any legal rights in the App or the
Content other than
as necessary for you to access it. You agree not to adjust, try to circumvent or delete
any notices contained on the App or the Content (including any intellectual property
notices) and in particular, in any digital rights or other security technology embedded
or contained within the App or the Content.
6.4 Trade marks: the ELFBAR name and logo are our trademarks. Other trade
marks and trade
names may also be used on the App or in the Content. Use by you of any trade marks on
the App or in the Content is strictly prohibited unless you have our prior written
permission.
7.1 While we try to make sure that the App is secure, we do not actively
monitor or check
whether information supplied to us through the App is confidential, commercially
sensitive or valuable.
7.2 All the functions and designs of the App shall be deemed as
confidential information.
You shall not take any photo of the App or show the App to any competitors of our
products or give installation package to them.
8.1 We try to make sure that the App is accurate, up-to-date and free from
bugs, but we
cannot promise that it will be. Furthermore, the App shall be only used to .
8.2 We may suspend or terminate access or operation of the App at any time
as we see fit.
8.3 Any Content is provided for your general information purposes only and
to inform you
about us and our products and news, features, services, events and other webApps that
may be of interest, but has not been tailored to your specific requirements or
circumstances. It does not constitute technical, financial or legal advice or any other
type of advice and should not be relied on for any purposes. You should always use your
own independent judgment when using our App and its Content.
8.4 While we try to make sure that the App is available for your use, we
do not promise that
the App will be available at all times or that your use of the App will be
uninterrupted.
9.1 If we breach these Terms or are negligent, we are liable to you for
foreseeable loss or
damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these
Terms were formed, it was either clear that such loss or damage would occur or you and
we both knew that it might reasonably occur, as a result of something we did (or failed
to do).
9.2 We are not liable to you for any loss or damage that was not
foreseeable, any loss or
damage not caused by our breach or negligence, or any business loss or damage.
9.3 Nothing in these terms excludes or limits our liability for any death
or personal injury
caused by our negligence, liability for fraud or fraudulent misrepresentation, or any
other liability that the law does not allow us to exclude or limit.
9.4 We are not liable to you if we fail to comply with these Terms because
of circumstances
beyond our reasonable control.
In order to work closely with you and increase the quality of our sales process, we are glad
to provide a large variety of services to you. You agree that your employees will use our services and will get the bonus according to their reward points.
10.1 Store staff incentive platform: you may scan the QR code to report
the sales amount and
earn reward points. You can get a bonus according to your reward points.
10.2 Material display platform: you are enabled to apply for materials
online and display
them in your stores.
10.3 Learning platform: you can learn product knowledge and sales skills,
etc. in the app,
which could also help to earn reward points.
10.4 Market Insight platform: you can send us the feedback on market sales
and activity
information, which could also help to earn reward points.
10.5 Trading platform: You can exchange your points for our gifts.
10.6 Service Platform: you can send us the feedback to us on any issues
and suggestions.
You acknowledge and agree that you are solely responsible for the accuracy of any payment information (such as bank account and other payment details) provided for receiving incentives. We shall not be liable for any errors, explanations, corrections, or additional payments arising from inaccurate or incomplete information supplied by you. Once the platform has processed the payment based on the provided information, our obligations regarding such payments shall be deemed fully fulfilled.
No one other than us or you has any right to enforce any of these Terms.
13.1 No changes to these Terms are valid or have any effect unless agreed
by us in writing or
made in accordance with this clause 13.
13.2 We reserve the right to vary these Terms from time to time. Our
updated Terms will be
displayed on the App and by continuing to use and access the App following such changes,
you agree to be bound by any variation made by us. It is your responsibility to check
these Terms from time to time to verify such variations.
14.1 We will try to resolve any disputes with you quickly and efficiently.
If you are unhappy
with us, please contact us as soon as possible using the contact details set out at the
top of this page.
14.2 This Agreement shall be governed by and construed in accordance with
the laws of Hong
Kong, without reference to the conflict of laws.
14.3 Any dispute, controversy, difference or claim arising out of or
relating to this
Agreement, including the existence, validity, interpretation, performance, breach or
termination thereof or any dispute regarding non-contractual obligations arising out of
or relating to it shall be referred to and finally resolved by arbitration administered
by the Hong Kong International Arbitration Centre (HKIAC) under the Hong Kong
International Arbitration Centre Administered Arbitration rules in force when the Notice
of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The arbitration
language will be English. The arbitration tribunal shall be comprised of one arbitrator.
The arbitral award shall be final and binding upon the Parties and either Party may
apply to a court of competent jurisdiction for enforcement of such award.