TERMS OF SERVICE
TERMS OF SERVICE
Welcome to Evawish.com provided by DAZON (Hong Kong) Technology Limited and/or its affiliates (“Evawish” or “we”). Evawish provides services to you when you visit or shop at Evawish.com (“Evawish Services”).
Please read the following terms and conditions of use (“Terms of Use”) carefully before using Evawish Services.
These Terms of Use govern your access to and use of all Evawish Sites and Evawish Services. By using the Evawish Sites and Evawish Services, you affirm that you are of legal age to enter into these Terms of Use and are permitted to receive Evawish Services under the applicable laws. If you violate or do not agree with these Terms of Use, then your access to and use of the Evawish Sites is unauthorized.
Site Policies, Modification and Severability
Evawish reserves the right to make changes to the Evawish subsites, site policies and these Terms of Use at any time by notifying you through Evawish message center or by email as well as by posting the amended site policies and Terms of Use on the Evawish Sites. Our right to amend the Terms of Use includes the right to modify, add, or remove terms in the Terms of Use. Your continued access or use of the Evawish Sites and Evawish Services following the posting of the amended policies and Terms of Use will constitute your acceptance and agreement of such changes. We may also ask you to acknowledge your acceptance of the Terms of Use through an electronic click-through. If any part of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed sever-able and shall not affect the validity and enforce-ability of any remaining term.
Your Account and Content Posted by You
You need your own account to use certain Evawish Services, and you may be required to be logged in to the account and have at least one valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account. Evawish reserves the right to refuse service, terminate accounts, terminate your rights to use Evawish Services, remove or edit content, or cancel orders in its sole discretion.
You may post reviews, comments, photos and other content, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Evawish reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant Evawish a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Evawish and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Evawish for all claims resulting from content you supply.
Product Descriptions
Evawish attempts to be as accurate as possible. However, Evawish does not warrant that product descriptions or other content of the Evawish Sites is accurate, complete, reliable, current, or error-free. If a product offered by Evawish itself is not as described, your sole remedy is to return it in unused condition.
Due to product improvements design, specifications are subject to change without notice.
Pricing
With respect to items sold by Evawish, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be misprinted. If the correct price of an item sold by Evawish is higher than our stated price, we will, at our discretion, either contact you for instructions via email before shipping or cancel your order and notify you of such cancellation.
All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase or problems identified by our credit and fraud avoidance department and promptly inform you. If your order is canceled after your credit card (or other payment account) has been charged, we will refund you in the amount of the charge. We will attempt to contact you via email if all or any portion of your order is canceled or if additional information is required to accept your order.
Shipping and Return Policy
The physical items will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained in our Shipping Policy. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for items pass to you upon delivery of the products to you.
Evawish does not take title to returned items until the item arrives at our designated site. At our discretion, a refund may be issued without requiring a return. In this situation, Evawish does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.
Intellectual Property
The Evawish Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to Evawish, and are protected by applicable international trademark, copyright, and other intellectual property laws. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Evawish to use the Evawish Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner. For the purpose of these Terms of Use, Materials means merchandise information, product descriptions, reviews, comments, messages, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials that Evawish makes available on or through the Evawish Sites.
Please review the Guideline for Infringement Report if you believe in good faith that your intellectual property rights have been infringed on the Evawish website.
Privacy
Please review our Privacy Policy, which also governs your use of Evawish Services, to understand our practices.
Sanctions
You may not use any Evawish Services if you are the subject of any trade restrictions, sanctions or other legal restrictions enacted by any county, international organization or jurisdiction.
Disclaimer of Warranties
The evawish sites and evawish services are provided on an "as is'' and "as available" basis, unless otherwise specified in writing. Evawish makes no representations or warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose , as to the operation of the evawish sites, or the information, content, materials, products or other items included on or otherwise made available to you through the evawish sites, unless otherwise specified in writing. Evawish does not warrant that the evawish sites, information, content, materials, products or other items included on or otherwise made available to you through the evawish sites, electronic communications sent from evawish are free of viruses or other harmful components. You expressly agree that your use of the evawish sites and evawish services is at your sole risk.
Limitation of Liability
To the full extent permissible by law, evawish will not be liable for any damages of any kind arising from the use of any evawish services, or from any information, content, materials, products or other items included on or otherwise made available to you through any evawish services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. In the event that this disclaimer is unenforceable, the total liability of evawish, if any, for losses or damages shall not exceed the fees you paid for the particular service or product upon which liability is based, or hk$100, whichever is higher.
Indemnification
You agree to defend (at Evawish’ s option), indemnify, and hold Evawish harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Evawish Sites or any breach of these Terms of Use related to your account(including negligent or wrongful conduct) by you or any other person accessing the site using your account.
Evawish reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Evawish if and as requested by Evawish in the defense and settlement of such matter.
Termination
These Terms of Use are effective unless and until terminated by either you or Evawish. You may terminate these Terms of Use at any time, provided that you cancel your account and discontinue any further use of the Evawish Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Evawish Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Evawish, you must promptly destroy all Materials downloaded or otherwise obtained from the Evawish Sites, as well as all copies of such Materials, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “Termination” and “Disputes & Applicable Law”.
Legal Disputes
Your use of Evawish Sites and Evawish Services shall be governed by the laws of the Hong Kong Special Administrative Region (“Hong Kong”) without regard to the conflict of law rules therein. Any dispute arising from or in connection with this Terms of Use and your use of Evawish Sites and Evawish Services shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) Hong Kong Arbitration Center for arbitration which shall be conducted in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. The seat of arbitration and venue of oral hearing shall be Hong Kong. The number of arbitrators shall be three (3). The arbitration proceedings shall be conducted in English.
Notice
Evawish.com may deliver notice to you by means of email (using the email address you provided to us), a general notice on the site, or by other reliable method to the address you have provided to Evawish.com.
Guideline for Infringement Report
If you believe in good faith that your intellectual property rights have been infringed on the Evawish website, you can fill out this form and provide it to our Copyright Agent via an email to service@evawish.com. In the form, the required fields are highlighted in bold; we need such information to be able to process your report.
Our Copyright Agent:
DMCA Notice Center
DAZON (Hong Kong) Technology Limited
Office Address: 2-16 Fa Yuen Street, Mong Kong, Kowloon, Hong Kong Flat 2304, 23/F, Ho King, Commercial Centre
Tel: +85-265807145
Email: service@evawish.com
Please note that we may share a full copy of your report, including your name, contact information, the name of the rights holder (in the case that you are an authorized representative) and the other contents therein to the person who posted the content you are reporting.
Please be aware that filling a report of intellectual property rights infringement is a serious matter. Knowingly submitting a false report, including intentional misrepresentation regarding infringing content or action, or otherwise misusing this process may result in liability for damages and/or other legal consequences under the applicable laws.
Please understand that, this Guideline for Infringement Report and our policies and procedures related do not constitute legal advice. You may wish to consult an attorney or professional advisor before filing an infringement report with us.
As per our Terms of Use, we have the right to restrict, suspend, freeze or terminate the account of a user who infringes or is alleged to have infringed the legal rights and interests of the others on the Evawish websites or by using our services.