Terms & Conditions
1. About our terms
1.1 These terms and conditions of use (Terms) explain how you may use this App. These Terms apply between Imiracle (ShenZhen) Technology Co., Ltd. (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. About us
2.1 We are Imiracle (ShenZhen) Technology Co., Ltd. Our registered office is at Room 1606, Office Building T5, Qianhai China Resources Financial Center, No. 5035 Menghai Avenue, Nanshan Street, Qianhai Hong Kong-Shenzhen Cooperation Zone, Shenzhen, Guangdong Province, China.
2.2 If you have any questions about the App, please contact us by:
sending an email to support@vapergift.com.
3. Using the App
3.1 The App is for your business use only, which refers to record and upload the basic information of stores that you have visited.
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. Registration and password security
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.
5. Ownership, use and intellectual property rights
5.1 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.
5.2 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.
5.3 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.
5.4 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.
6. Submitting information to the App
6.1 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.
6.2 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.
7. Accuracy of information and availability of the App
7.1 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.
7.2 We may suspend or terminate access or operation of the App at any time as we see fit.
7.3 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.
7.4 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.
8. Our responsibility to you
8.1 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).
8.2 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.
8.3 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.
8.4 We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
9. Services we provide
In order to work closely with you, we are glad to provide the following services to you.
9.1 Sales data panel: It enables you to check and send the sales data of HG's brands products in the store.
9.2 Store information:It can record the basic information of stores.
9.3 Products information: It can record products information, including but not limited to sales volume, prices, display.
9.4 Location: It can locate nearby stores.
9.5 Learning platform: You can learn about the products and how to use the app.
10. No third party rights
No one other than us or you has any right to enforce any of these Terms.
11. Variation
11.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 12.
11.2 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.
12. Complaints
12.1 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.
12.2 This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without reference to the conflict of laws.
12.3 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.