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PO: , Terms of Services Agreement

We may provide a translated version of this Agreement, the Privacy Policy or any other operating rules, policies and procedures regarding the Services, in other languages for your convenience. Please note that the English language version of these documents shall always prevail against another version should there is a conflict.

 

1. AGREEMENT
These Terms of Services (the “Agreement”) constitute a legally binding agreement by and between PO: Selected Co., Ltd. (hereinafter, “PO: ”) and you (“You” or “Your”) concerning your use of http://www.po-selected.com (the “Website”) and the services available through the Website  (the “Services”) as well as the use of any of the products you can buy (the ”Products”). By using the Services and the Products, you represent and warrant that you have read and understand, and agree to be bound by, this Agreement and PO:’s Privacy Policy, which is incorporated herein by reference and made part of this Agreement. If you do not understand this agreement, or do not agree to be bound by these terms, please do not use the services neither the products.
These Terms to create a PO: account and to use the PO:’s Services are not subject to any amendments. You must accept these Terms by visiting www.po-selected.com before using any part of the PO:’s Service

 

2. PRIVACY POLICY
By using the Services and Products, you are deemed to give consent to the collection and use of certain personal information about you, as specified in our current Privacy Policy.

3. CHANGES TO AGREEMENT
PO: reserves the right to change this agreement at any time upon notice to you by: (i) the posting of a new version; and/or (ii) a change notice on the website. It is your responsibility to review this agreement periodically. You will be deemed to have agreed to any such modification or amendment if you continue to use the Services and products after the date in which the modified or amended Agreement is posted.

4. ELIGIBILITY
By using the services and products, you represent and warrant that you are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law.

5. LICENSE
Subject to Your compliance with the terms and conditions of this Agreement, PO: grants you a non-exclusive, non-sub-licensable, revocable, non-transferable license to use the Services through the Website. The services are for your personal and non-commercial use. The Services, including the Website, or any part thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of PO:. Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of PO: or any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate.

6. THE SERVICE AND PRODUCT DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE; NO DOCTOR-PATIENT RELATIONSHIP
PO: provides the Services for information purposes only. The services do not contain or constitute, and should not be interpreted as, medical advice or opinion. PO: is not a medical professional, and PO: does not provide or purport any medical services or render medical advice. The Services are not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, you should consult a medical professional. Your use of the services and products does not create a doc-patient relationship between you and PO:.

 

7. NUTRITIONAL INFORMATION
PO:’s health information contains a combination of nutritional information entered directly by PO: (“Blog” and “Service”). Please be advised that nutritional information found in PO:’s Blog and Service has not been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information. PO: does not (i) guarantee the accuracy, completeness, or usefulness of any nutritional information in the blog; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such nutritional information. Under no circumstances will PO: be responsible for any loss or damage resulting from your reliance on nutritional information. You are solely responsible for ensuring that any nutritional information in the Blog is accurate, complete and useful. Nutritional information in the Blog may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of PO:.

 

8. RELIANCE ON THIRD-PARTY CONTENT
Opinions, advice, statements, or other information, including, without limitation, food, nutrition and exercise data, made available by means of the Services by third parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. PO: does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information on the service; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party by means of the services. Under no circumstances will PO: be responsible for any loss or damage resulting from your reliance on information or other content posted on the services or transmitted to or by any third-party. You also understand that by accessing and using the Services, You may encounter information, materials and subject matter that you or others may find offensive, indecent, or objectionable. You agree to use the Services at your sole risk and that PO: and its affiliates, partners, suppliers and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.

 

9. RISK ASSUMPTION
you knowingly and freely assume all risk when using the website, services and products. You, on behalf of yourself, your personal representatives and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify PO: and its officers, directors, employees, agents, affiliates, representatives, sub licensees, successors, and assigns from any and all claims, actions or losses for bodily injury, property damage, wrongful death, emotional distress, loss of services or other damages or harm, whether to you or to third parties, which may result from your use of the services and the products.

 

10. CONSENT TO RECEIVE EMAIL FROM PO:
In providing the Services and Products, You may receive periodic email communications regarding the Services, new product offers and information regarding the Services and the Products, which are part of the Services and Products and which You cannot opt out of receiving. You may also receive periodic promotions and other offers or materials PO: believes might be of interest to you. You can opt-out of receiving these promotional messages at any time by (I) following the unsubscribe instructions contained in each newsletter; or (II) changing the email preferences in your account.

 

11. YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
You agree and understand that you may be held legally responsible for damages suffered by PO: or third parties as the result of Your remarks, information, feedback or other content posted or made available on the Services and Products that is deemed defamatory or otherwise legally actionable. Under the Federal US Communications Decency Act of 1996 and all other International laws related to that matter, PO: is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Services and Products.

 

12. INTELLECTUAL PROPERTY
A) Products
You acknowledge and agree that the Products and all intellectual property rights associated therewith are, and shall remain, the property of PO:. Except as expressly stated in this Agreement, You are not granted any intellectual property rights in this Agreement are hereby reserved and retained by PO:.


You acknowledge and agree that the use of the Products didn’t give you any right on the design of the Products and that all intellectual property rights associated therewith are and shall remain the property of PO:.


You acknowledge and agree that the use of the Products didn’t give you any right on the design of the Products and that all intellectual property rights associated therewith are and shall remain the property of PO:.

 

13. CARE AND MAINTENANCE
Your product is a product of superior design and craftsmanship and should be treated with care. If the Product does get wet, please follow the user instructions and do not accelerate drying with the use of an oven, microwave, or dryer, because this may damage the product and could damage it seriously.

14. DISCLAIMERS; LIMITATION OF LIABILITY
A) No warranties
PO:, on behalf of itself and its third-party service providers, licensors and suppliers, hereby disclaims all warranties. The website, products and services are provided “as is” and “as available.” To the maximum extent permitted by law, PO:, on behalf of itself and its third-party service providers, licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the website, the products, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Neither PO: nor its third-party service providers, licensors or suppliers warrants that the website, products or the services will meet your requirements, that the operation of the website, products or the services will be uninterrupted or error-free.
B) Your responsibility for loss or damage
You agree that your use of the website, products and services is at your sole risk. You will not hold PO: or its third-party service providers, licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to or use of the services and products, including without limitation any loss or damage to any of your computers or data. The website and services may contain bugs, errors, problems or other limitations.
Importantly, you hereby acknowledge that a catastrophic server failure or other event could result in the loss of all of the data related to your account. You agree and understand that it is your responsibility to backup your data to your personal computer or external storage device and to ensure such backups are secure.
You agree that your use of the products is at your sole risk and responsibility.

C) Limitation of liability
The liability of PO: and its third-party service providers, licensors and suppliers is limited. To the maximum extent permitted by law, in no event shall PO: or its third-party service providers, licensors or suppliers be liable for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to PO: or its third-party service providers, licensors and suppliers arising out of or in connection with your use of the website, products or services. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Additionally, the maximum liability of PO: and its third-party service providers, licensors and suppliers to you under all circumstances will be HKD 1.00, you agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between PO: and you. The website, products and services would not be provided without such limitations.
D) Application
The above disclaimers, waivers and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in this agreement, any other agreement between you and PO: or between you and any of PO:’s third-party service providers, licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers and limitations of liability may not apply to you. Unless limited or modified by applicable law, the foregoing disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose. PO:’s third-party service providers, licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers and limitations. No advice or information, whether oral or written, obtained by you through the services or otherwise shall alter any of the disclaimers or limitations stated in this section.

 

15. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that your use of the Website, Products and Services will be in accordance with this Agreement and any other PO:’s policies and guidelines, and with any applicable laws or regulations.
A) Limited Product Warranty
PO: warrants to the original purchaser of specific PO: products (the “W-Product”) shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase, (the “Warranty Period”) subject to the terms and conditions herein.
PO: does not warrant that the operation of the W-Product will be uninterrupted or error-free. PO: is not responsible for damage arising from failure to follow instructions relating to the W-Product’s use.
B) Remedies
If a W-product defect arises and a valid claim is received by PO: within the Warranty Period, PO: will, at its option and to the extent permitted by law, either (I) repair the W-Product at no charge, using new or refurbished replacement parts or (II) replace the W-Product with a new or refurbished W-Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the W-Products are sold by PO: itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions.
C) How to Obtain Warranty Service
To obtain warranty service, you must deliver the W-Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by PO:. In accordance with applicable law, PO: may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. D) Exclusions and Limitations
This Limited Warranty applies only to the Product manufactured by or for PO: that can be identified by the “PO:” trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any (a) PO: products and services other than the Product, and (b) consumables This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of PO: or if the Product is inserted or installed in a casing not provided by PO:. In addition, this Limited Warranty does not apply: (a) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; or (b) to damage caused by service performed by anyone who is not a representative of PO:. b.
No PO: reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
E) Implied Warranties
Except to the extent prohibited by applicable law, all implied warranties (including warranties of merchantability and fitness for a particular purpose) shall be limited in duration to the duration of this limited warranty. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
F) Limitation of Damages
except to the extent prohibited by applicable law, PO: shall not be liable for any incidental, indirect, special, or consequential damages, including but not limited to loss of profits, revenue or data, resulting from any breach of express or implied warranty or condition, or under any other legal theory, even if PO: has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

16. INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify and hold harmless PO: and its officers, directors, employees, agents, affiliates, suppliers, representatives, sub-licensees, successors, assigns, and Third-Party Service Providers (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (a) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (b) Your access to or use of the Website, Products or Services; (c) Your provision to PO: or any of the Indemnified Parties of information or other data; (d) Your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (e) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

 

17.GOVERNING LAW; JURISDICTION AND VENUE
This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Hong Kong, and shall be governed by and construed in accordance with the laws of Hong Kong without regard to its conflict of law principles. Any cause of action by you arising out of or relating to the services or the use of the products, or this agreement must be instituted within one (1) year after the date of the purchase of the product or be forever waived and barred. All actions shall be subject to the limitations set forth in above. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
The proper venue for any action permitted under this section will be of the exclusive jurisdiction of Hong Kong; the parties hereby waive any objection to the venue and personal jurisdiction of such courts.

 

18.TERMINATION
A) Termination; Survival
Either party may terminate this Agreement and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so in accordance with this Agreement. This Agreement shall automatically terminate in the event that you breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by PO:. Upon termination, all rights, licenses and obligations created by this Agreement will terminate, except that Sections 1 to 5, 12,14 to 19 will survive any termination of this Agreement.
B) Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Website, Products and Services. Subsequent to termination, PO: reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Website and Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.
C) Legal Action
In PO:’s discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, PO: will be entitled to recover from you as part of such legal action, and you agree to pay, PO:’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The PO: Parties will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of this Agreement.

 

19.NOTICES
All notices required or permitted to be given under this Agreement must be in writing. PO: shall give any notice by email sent to the most recent email address, if any, provided by you to PO:. You agree that any notice received from PO: electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with PO: is accurate and current, and notice to you shall be deemed effective upon the sending by PO: of an email to that address. You shall give any notice to PO: by means of: email to: cs@po-selected.com. Notice to PO: shall be effective upon receipt of notice by PO:.

 

20. GENERAL
This Agreement constitutes the entire agreement between PO: and you concerning your use of the Services and Products. This Agreement may only be modified by a written amendment signed by an authorized executive of PO: or by the unilateral amendment of this Agreement by PO: and by the posting by PO: of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. PO: may assign or transfer this Agreement at any time, with or without notice to you. This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without the prior written consent of PO:. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and PO: are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the PO: Parties and the Indemnified Parties, and PO:’s licensors and suppliers as and to the extent expressly set forth in Section, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to PO: and PO:’s licensors and suppliers, and would therefore entitle PO: or PO:’s licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.