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Terms & Conditions of Use

Last Updated: 24/02/2016

Welcome to www.sportybayshop.com ("Web Site"). This Web Site is owned and operated by the SportyBay Co. Ltd (collectively "we" and "us"). In addition to the Content on the Web Site, the Web Site provides you with various shopping, e-commerce and services ("Services"). 

By accessing or using this Web Site, mobile application or other SportyBay products or services (collectively, the Platform”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”) you signify that you have read, understand and agree to be bound by these terms of use. If you do not agree to these terms of use, please do not use the Web Site. We reserve the right to modify or amend the terms of our terms of use from time to time without notice. Your continued use of our Web Site and any affiliate Web Site following the posting of changes to these terms will mean you accept those changes. Additional terms and conditions may apply, such as shipping and return policies. By using this Site, you agree to such terms and conditions.

Product Descriptions on our Web Site and Product Availability

We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Web Site. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.

The Web Site features Products that have been carefully selected for sale on the Web Site. Products are subject to availability so once a Product has sold out it will be taken off the Web Site at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock before we accept your Order, then SportyBay shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.

Pricing Policy

Product prices shown on the Web Site are in Chinese Yuan and are inclusive of value added tax ("VAT") at the appropriate rate, and are correct at the time that the Product Description was first entered on to the Web Site. Although we try to ensure that all our Products' prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled.

Use and Restrictions

The Web Site may be accessed by any customer but the Web Shop used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites and Apps under applicable laws.

The Web Site is provided solely as a convenience to you for non-commercial use. You may access and use the Web Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that SportyBay, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Web Site. You further agree that you will not: (a) resell for commercial purposes products purchased through use of theWeb Site; (b) resell or make commercial use of the Web Site or Content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Web Site; (f) other than for your use of the Web Site as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Web Site are hosted or modify or alter the Web Site in any way; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Web Site or Apps; (h) use, frame or utilize framing techniques to enclose any SportyBay trademark, logo or other proprietary information (including the images found on theWeb Site, the content of any text or the layout/design of any page or form contained on a page) without SportyBay's express written consent; or (i) use any meta tags or any other "hidden text" utilizing a SportyBay name, trademark, or product name without SportyBay's express written consent.

You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Web Site or the Web Site or through Voice computer systems is expressly prohibited by these Terms of Use. Any such unauthorized use of our computer systems is a violation of these Terms of Use and applicable "anti-spam" laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. Any unauthorized use of theWeb Site will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Web Site, and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes. We will fully cooperate with any law

Links to Third Party Web Sites

From time to time, this Web Site may contain links to Web Sites that are not owned, operated or controlled by SportyBay or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web Site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web Site, or any content, materials or other information located or accessible from any other Web Site, or the results that you may obtain from using any other Web Site. If you decide to access any other Web Site linked to or from this Web Site, you do so entirely at your own risk.

User Generated Content

"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, Web Site links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by SportyBay.

SportyBay does not prescreen User Generated Content, and does not guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. SportyBay is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event SportyBay chooses to monitor any User Generated Content, we assume no responsibility for, or any obligation to monitor or remove, such User Generated Content.

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to SportyBay a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

We reserve the right, in our sole discretion, to reject, edit or refuse to post any material and to remove any material from the Web Site, whether or not the material is expressly prohibited by these Terms and Conditions, or to restrict, suspend, or terminate your access to all or any part of the Web Site or your SportyBay Account at any time, for any or no reason, with or without prior notice, and without liability.

Intellectual Property

All of the content featured or displayed on the Platform, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by SportyBay, its licensors, vendors, agents and/or its Content providers. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Web Site may only be used for the intended purpose for which such Web Site and Services are being made available. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print and download documents, audio and video found on our Web Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms of Use, the use of any such material on any other Web Site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and Services. The Web Site, its Content and all related rights shall remain the exclusive property of SportyBay or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Web Site.

All trademarks, service marks and trade names of SportyBay used herein (including but not limited to: the SportyBay name, the SportyBay corporate logo and the SportyBay Design (collectively "Marks") are trademarks or registered trademarks of SportyBay, or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify SportyBay trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without SportyBays' prior written consent. The use of SportyBay trademarks on any other Web Site or network computer environment is not allowed.

Liability and Indemnity

While SportyBay will use reasonable endeavours to verify the accuracy of any information it places on the Web Site, it makes no warranties, whether express or implied in relation to its accuracy. The Web Site is provided on an "as is" and "as available" basis without any representation or endorsement made and SportyBay makes no warranties of any kind, whether express or implied, in relation to the Web Site, or any transaction that may be conducted on or through the Web Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

SportyBay does not assume any responsibility, and will not be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site.

In no event will SportyBay or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Web Site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Web Site, any Web Sites linked to this Web Site, or the materials, information or services contained on any or all such Web Sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

In the event of any problem with this Web Site or any content, you agree that your sole remedy is to cease using this Web Site. In the event of any problem with the products or services that you have purchased on or through this Web Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Web Site. In no event shall SportyBay’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) RMB 100 or (b) the value of your purchase on the Web Site.

You agree to defend, indemnify and hold SportyBay and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Web Site or the Internet or your purchases or the placement or transmission of any message or information on this Web Site by you or your authorized users or your violation of any law or the rights of a third party.

In the event that you have a dispute with one or more other users of the Web Site, you release SportyBay (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages.

Termination

You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Web Site in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

Warranties and Disclaimer

THE SITE, APPS, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE AND APPS, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPORTYBAY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SPORTYBAY DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPS, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE OR APPS IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE SITE AND APPS, YOU WARRANT TO SPORTYBAY THAT YOU WILL NOT USE THE SITES AND/OR APPS FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

IN ADDITION, THE SITES AND APPS MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. SPORTYBAY THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPORTYBAY RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE FOR ANY INCONVENIENCE.

IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, SPORTYBAY MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, SPORTYBAY WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE. AGAIN, WE APOLOGIZE FOR ANY INCONVENIENCE.

General

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the Peoples Republic of China. You consent to the exclusive jurisdiction located in Shanghai. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We do not guarantee continuous, uninterrupted or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. The following clauses (INTELECTUAL PROPERTY, LIABILITY ANS INDEMNITY) shall survive any termination or expiration of this Agreement.