Terms of use

Part A – General  

These terms of use (the “Terms”) govern your use and access to our services, which includes our website(s), our mobile application(s), our application programming interfaces, notifications and all other information and content appearing therein (collectively our “Platform”).

By using and/or accessing our Platform, you agree to these Terms. Use of our Platform constitutes acceptance of these Terms and forms a legally binding contract between you and GojiTech in relation to your access to and use of our Platform. If you are using our Platform on behalf of an entity, you will be deemed to have authority to act on behalf of that entity and are agreeing to these Terms on behalf of that entity.

1. Your Representations

Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.

If you are using the Platform on behalf of an entity, by using the Platform you represent that you have the necessary rights and authority to agree to these Terms, including our Privacy Policy and other documents referred to herein on behalf of that entity.

2. Your Account

a) In registering for an account on our Platform or subscribing to the Subscription Plan as a Customer for personalised shopping experience, you will be required to provide certain information, including but not limited to your username, password, full name of the individual, a suitable password, an email address and valid phone number (“Account Information”). You agree that all Account Information provided shall be truthful, accurate and up-to-date. You should choose a strong and secure password. You must keep your password secure and confidential.

b) You agree not to share your Account Information or give others access to your account. If and when we detect that an account is shared by multiple Users, we may treat this as a security breach and suspend, disable or terminate your account without notice. We have the sole discretion to suspend, disable or terminate any account at any time without liability, if in our reasonable opinion, you are in breach of the Terms.

c) You are responsible for all actions or activities that occurred through or under your account, unless you report misuse on a timely basis. If you permit others to use your account and/or Account Information, you are responsible for the activities of such users that occur in connection with your account and/or Account Information.

d) If you forget your Account Information or believe/know that your Account and/or Account Information has been used or attempted to be used in an unauthorised manner, you shall notify us immediately by email at report@shinyhealthmarketing.com.

e) All accounts are non-transferable. If you are accessing or using an account on behalf of another person or entity, you represent that you are authorised to accept these Terms on that person’s or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

f) Usernames must not be offensive or offend common decency, or intended to deceive subscribers or convey the appearance of affiliation with Gojitech. We reserve the right, to:

i) amend any username without prior notice if we reasonably believes the username to be in contravention of the Terms;

ii) and/or suspend and/or disable your account until the name is changed.

3. Availability of our services

a) We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services feature on our Platform, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. We reserve the right to make the above changes at any time without any notice.

b) We may release products, services, functionalities or features of our Platform that we are still testing and evaluating. We will label these as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings which indicate that the products, services, functionalities or features are under development. By continuing to use our Platform, you acknowledge that these beta services may not be as reliable as other products or services we offer and may be subject to service disruption and you agree to be bound by these Terms in relation to those beta features.

c) We try our best to ensure that our Platform is always available, but we do not guarantee or offer any warranties that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures. Gojitech is not liable for any losses claimed due to interruption or disruption to the Platform under any circumstances.

d) You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. Gojitech does not guarantee that the Platform will be free from bugs and/or viruses and will not be responsible for any direct or indirect loss or damage that results from bugs and/or viruses contacted via using our Platform.

4. Use of the platform

a) When using or accessing the Platform, you agree to comply with these Terms and all applicable laws and regulatory requirements, including those related to privacy and protection of intellectual property.

b) You agree not to misuse the Platform or help anyone else to do so. Without reservation, you agree not to do any of the following in connection with our Platform: use our Platform for unlawful or unauthorised purposes;

i) re-sell or attempt to benefit commercially from any data, content or information available in or on the Platform;

ii) probe, scan, or test the vulnerability of any system or network;

iii) breach or otherwise circumvent any security or authentication measures or service use limits;

iv) access, tamper with, or use non-public areas or parts of the Platform;

v) interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;

vi) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;

vii) access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk) or attempt to do so;

viii) send unsolicited communications, promotions or advertisements, or spam;

ix) forge any TCP/IP packet header or any part of the header information in any email;

x) send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;

xi) post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libellous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;

xii) violate the letter or spirit of our Terms;

xiii) violate applicable laws or regulations in any way; and/or

xiv) violate the privacy or infringe the rights of others.

5. Your rights

a) We hereby grant you a worldwide, limited, non-exclusive, non-transferable, non-licensable, non-sub licensable, royalty-free and revocable licence to use our Platform for your personal use in accordance with these Terms.

b) You may not assign your rights provided for under these Terms without our prior written consent. We may assign the Terms and delegate certain responsibilities, obligations, and duties under or in connection with the Terms in our sole discretion.

c) We reserve all rights, title and interest not expressly granted under the above-mentioned license to the fullest extent possible under applicable laws.

d) You retain your rights to any information or content you submit, post or display on or through the Platform (“Your Content”). By submitting, posting or displaying such content, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content in any and all media or through any distribution channels (now known or later developed), subject to the applicable provisions in our Privacy Policy.

e) You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other Users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other Users or visitors.

f) You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.

6. Our rights

We may (at our discretion but are not obliged to) review content or information submitted or posted by Users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any Users on our Platform.

7. Intellectual Property

a) Our name “GojiTech” and our marks and logos are our trade marks (whether or not they are registered or unregistered) and may not be used without our express prior written consent.

b) All trademarks, trade names, service marks, logos, copyrights, database rights, and other intellectual property rights of any nature on the Platform, including all information, data, text, music, sound, images, photographs, graphics, illustrations and video messages, page headers, button icons, scripts, arrangement and presentation thereof together with the underlying software code, source code,software compilations, tools, application, slogans, filters, User generated filters and other content contained therein (collectively, “Material”) are owned directly by us. You acknowledge that you have no ownership rights in or to any (part of) the Material. We reserve all rights to take any legal action in relation to any right applicable to the Material.

c) All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved.

d) You may view, use, print or download extracts of the Material for your own personal use but you cannot otherwise use, copy, edit, vary, alter, reproduce, publish, display, distribute, store, transmit, commercially exploit, or disseminate in any form whatsoever any of the Material or use the Material in any manner which creates the impression that such items belong toor are associated with you without express written permission from us.

e) Reporting Intellectual Property Rights Infringement:
We have a policy of restricting use or terminating the accounts of users who infringe the intellectual property rights of others. If you believe that your intellectual property rights have been infringed, please contact us by email at report@shinyhealthmarketing.com.

f) Please note that if you knowingly misrepresent that any activity or Content or Material on our Platform is infringing, you may be liable to us for costs and damages to be ascertained.

8. Third Party Software Integrations

Our Platform may integrate with third-party software to provide a full suite of functionalities to our Users. We are not responsible for any issues and/or direct or indirect losses arising from the use of any third-party software. Your access and use of the third-party software is governed by the terms of service and/or the user agreements of that software.

9. Limitation on liabilities

a) To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:

i) we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;

ii) we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services featured on our Platform;

iii) we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;

iv) we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);

v) we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and

vi) we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).

b) Nothing in these Terms limit your legal rights as a consumer that may not be waived by contract.

c) Other than the types of liabilities that we cannot limit by law, our liabilities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.

10. Indemnity

a) You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from:

i) Your violate the terms of use,

ii) any breach of these Terms by you,

iii) your use of our Platform and/or

iv) any misrepresentation made by you on our Platform.

b) You also agree to fully co-operate with Us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.

c) We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate in such defence. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it/them. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval.

d) You agree to promptly notify Us of any third party claims and cooperate with Us in defending such claims and pay all fees, costs and expenses associated with defending such claims including, but not limited to legal fees. You agree not to settle any matter in which you have indemnity obligations towards us without our prior written consent.

11. Terminations

a) We reserve the right, without notice, in our sole discretion and at any time, to terminate, revoke, suspend your right and ability to access or use our Platform or any part of it as well as to control who can use the Platform and request that you stop accessing or permanently destroy certain content or information available through the Platform. We may also modify, suspend, or discontinue the Platform. We are not responsible for any loss or harm related to our termination of your access or use of our Platform.

b) You may stop using the Platform any time by deactivating your account, if you are a registered Customer, or simply by ceasing to access or use our Platform.

c) We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:

i) you are in serious or repeated breach of these Terms

ii) you are using the Platform in a manner that would cause a real risk of harm or loss to us, other Users, or the public;

iii) we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or

iv) our provision of the Platform to you is no longer possible or commercially viable.

In any of the above cases, we will attempt to notify you at the email address included in your Account Information or on your next attempt to access your account, unless we are prohibited from notifying you by law.

d) Where we consider necessary or appropriate, we will report any breach of these Terms to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.

12. Entire agreement

a) These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any User and Us, whether written or oral, in relation to the use of or any transactions on the Platform.

b) You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.

13. Severability

a) If any provision(s) of these Terms is held to be unlawful, void, invalid or unenforceable, then such provision(s) is deemed severable from these Terms and shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

b) Any failure by GojiTech to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GojiTech in writing.

14. Changes of Terms

From time to time, we may amend these Terms by posting the updated terms on our Platform. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the revised Terms.

15. Miscellaneous

a) We may transfer our rights and obligations under these terms to another organisation. If you do not wish to continue with the transferee whatever contract you had with us, you must notify us within fourteen (14) business days so we can refund you any payments you have made in advance for products or services which you have purchased but have not already been provided (if any). Failure to notify us within the 14 day period may result in forfeiture of outstanding payment amounts.

b) You may only transfer your rights or your obligations under these Terms to another person if we expressly agree to this in writing.

c) If a court or relevant authority finds any of these Terms invalid or illegal, the rest will continue in force. Each of these terms operates separately. If any court or relevant authority decides that any of them are unenforceable, the remaining paragraphs will remain in full force and effect.

d) No party shall be liable to the other for any default resulting from force majeure, which includes any circumstances beyond the reasonable control of the parties.

e) By using our Platform, you consent to receiving communications from Us electronically. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form.

f) If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breach of any of the terms herein, such delay or failure on our part does not signify that you do not have to comply with or make good any of the terms herein and it will not prevent us taking steps against you to enforce the terms at a later date.

16. Governing law and jurisdiction

These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region. The courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.

Language

If there is any discrepancy between the Chinese and English versions of the Terms of Use, the English version shall prevail.

Part B – Customer’s Terms of Service

In addition to the Terms, the following additional terms shall apply to all Customers:

1. Purchases In Stores Featured On Our Platform

a) Customer shall place orders as per the instructions provided in our Platform. All order(s) the Customer places are regarded as offers and GojiTech accepts the order(s) when our Platform emails you a confirmation. At this point, a contract between the Customer and GojiTech is formed but may be subject to GojiTech’s separate terms and conditions and/or terms of service (if any).

b) We shall not be held liable for any direct and/or indirect damages that may arise from or in connection with any sale and purchase.

c) When purchasing good and/or services through our Platform, you agree to comply with our applicable rules and policies from time to time in force. You are responsible for reading these Terms, our Privacy Policy and other applicable rules before committing to order any goods and/or services. In placing any order you are deemed to have agreed to the Governing Terms.

d) We may at our sole discretion (but we have no obligation to) check, audit and/or monitor the comments and/or reviews posted by any Customer without notifying the concerned Customer.

e) The images of the products and/or services on the online stores created by the Platform are for illustrative purposes only. The products and/or services that you purchase may vary from those images.

2. Return of Products & Refunds

All products purchased at our platform cannot be returned, refunded or exchanged.

3. Use of Customer’s Personal Information

a) The Platform is the information controller and processor who will collect and use any personal information that Customer provides through the Platform for purposes not limited to the following:

i) to supply the product and/or services to you;

ii) to process your payment and delivery for the products and/or services; and

iii) to provide you information on product updates and promotions

b) You should contact Us if you want to access, update or remove your personal information. GojiTech does not store or process any personal information apart from information contained in the Account Information, such information is never shared with third parties and is subject to GojiTech’s Privacy Policy.