Terms of Use

TERMS OF USE (Last updated July 2018)

This website and/or its mobile sites and applications (the "Site") are owned and operated by gssnanpre.com (the "Company"). These Terms of Use ("Terms of Use") apply to your use of this Site. Any purchase of products or services available on this Site is governed by the Purchase Terms ("Purchase Terms") on the relevant Company website, which are incorporated herein by reference. Additionally, your use of this Site is governed by the Privacy Notice, which is incorporated herein by reference. Throughout the Site, the terms "we," "our," and "us" refer to the Company.

The Company provides this Site, including all information, tools, and services available on the Site, to you, the user, subject to your acceptance of these Terms of Use. Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

PLEASE READ THESE TERMS OF USE CAREFULLY, ALONG WITH THE PRIVACY NOTICE AND ANY OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.

Data Integrity
You represent that all information, data, and other materials you provide on this Site or to the Company by any other means are true, accurate, current, and complete. You are responsible for updating and correcting the information you provide on this Site, as necessary.

Privacy Notice
A copy of the privacy notice governing the collection, use, disclosure, and processing of personal information on this Site is available at http://www.gssnanpre.com. You consent to personal information obtained about you (whether via this Site, email, phone, or other means) being collected, stored, and processed in accordance with the terms of the privacy notice.

You are responsible for obtaining access to the Site, which may involve third-party fees (such as Internet service provider fees or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not circumvent measures implemented to prevent or restrict access to this Site.

Any unauthorized access to the Site by you (including any access or use involving any account you may establish on the Site or any device you use to access the Site) will terminate the authorization or license granted to you by the Company. The Company reserves the right to refuse or cancel the registration of any person to this Site, to remove any person from this Site, and to prohibit anyone from using this Site for any reason, and to limit or terminate your access to or use of the Site at any time without notice.

The Company does not guarantee that your use of content available on this Site will not infringe the rights of third parties not affiliated with the Company. Termination of your access or use does not waive any other rights or remedies to which the Company may be entitled, at law or in equity, nor affect such rights or remedies.

Content You Submit
You acknowledge that you are responsible for any content you may submit through the Site, including its legality, reliability, relevance, originality, and copyright. You may not upload, distribute, or otherwise post on this Site any confidential, proprietary, private, or publicity-rights content, infringing intellectual property rights, illegal, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racist, ethnically offensive, or otherwise objectionable content, including, but not limited to, content encouraging conduct that would constitute a criminal offense, violate the rights of any party, or give rise to liability, or otherwise violate applicable law.

It is prohibited to use a false email address or other identifiers, impersonate any person or entity, or mislead as to the origin of any content.

Regarding any content you submit, post, upload, publish, or make available through the Site (except for personal information, which is handled according to the Privacy Notice), you grant the Company a perpetual, irrevocable, non-rescindable, worldwide, transferable, royalty-free, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works from, and sublicense all or part of such content, in any media. Such content will not be treated as confidential.

You represent, warrant, and agree that: (i) any content you provide does not include anything (including, but not limited to, text, images, music, or video) for which you do not have full rights to grant such a license to the Company; and (ii) the Company is free to exercise its rights to and/or implement your content if it so desires, without obtaining permission or a license from any third party and without referring to you or anyone else.

Links
This Site may contain links to other websites or resources operated by third parties not affiliated with the Company. These links are provided for convenience and as an additional means of accessing the information contained therein. We are not responsible for the content, advertising, products, or other items available on these sites or resources. Inclusion of links to other sites or resources should not be considered an endorsement of the content of the linked sites or resources. Different terms of service and privacy policies may apply to the use of linked sites or resources.

The Company is not responsible, directly or indirectly, for any damages, losses, or liabilities caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, or services available on or through these linked sites or resources.

Disclaimer
Unless expressly provided otherwise in these Terms of Use, the Terms of Service, or the Purchase Terms, and to the extent permitted by applicable law, the Company makes no representations, warranties, or conditions, express or implied, regarding any matter, including, without limitation, merchantability, fitness for a particular purpose, or non-infringement of any content on the Sites, or any product or service purchased through the Company's Sites, as well as any implied warranties arising from course of dealing or usage of trade.

You use this Site at your own risk. The Site and the materials, information, services, and products on this Site are provided "as is" and "as available." We reserve the right to restrict or terminate your access to the Site or any function or part thereof at any time.

The Company does not warrant that access to the Site will be uninterrupted or error-free, that the Site will be secure, that the Site or the server making the Site available is free of viruses, or that information on the Site will be accurate, precise, adequate, useful, timely, reliable, or complete in any other way. If you download content from this Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data resulting from such a download.

No advice or information obtained by you on the Site may give rise to any warranty. In some jurisdictions, the law may not allow the exclusion of warranties, so the above disclaimer may not apply to you.

Limitation of Liability
You acknowledge and agree that you assume full responsibility for your use of the Site, communications with third parties, and purchase and use of products and services available through the Company Sites.

You acknowledge and agree that any information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorized parties.

You acknowledge and agree that your use of the Site is at your own risk and that the Site is made available to you free of charge. Recognizing this, you agree that, to the fullest extent permitted by applicable law, neither the Company nor its licensors, suppliers, or third-party content providers (the “Company Parties”) shall be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential, or other damages arising out of or in any way related to:

  1. This Site, or any other site or resource you access through a link from this Site;

  2. Any action we take or fail to take as a result of communications you send to us;

  3. Any products or services made available or purchased through the Company Sites, including any damages or injury arising from any use of such products or services (including product liability);

  4. Any delay or inability to use the Site or any information, products, or services advertised in or obtained through the Site;

  5. The modification, removal, or deletion of any content submitted or posted on the Site; or

  6. Any use of the Site, whether based on contract, tort, strict liability, product liability, or otherwise, even if the Company Parties have been advised of the possibility of damages.

It is your responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site or resource.

This disclaimer applies, without limitation, to any damages or injury arising from any performance failure, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits by you, theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss.

You specifically acknowledge and agree that neither the Company nor its licensors, suppliers, or third-party content providers shall be liable for any defamatory, offensive, or illegal conduct of any user of the Site.

Your remedy for any of the above claims or any dispute with the Company is to discontinue your use of the Site.

You and the Company agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.

Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or part of the above limitation may not apply to you.

Indemnification
You agree to indemnify and hold harmless the Company Parties against any fines, penalties, liabilities, losses, and other damages of any kind (including attorneys’ and experts’ fees) incurred by the Company Parties, and defend the Company Parties against any claims arising from:

  1. Your violation of these Terms of Use and your use of the Site;

  2. Your violation of the Purchase Terms;

  3. Any fraud you commit, intentional misconduct, or gross negligence; or

  4. Your violation of any applicable law or the rights of a third party.

The Company Parties will control the defense of any claim to which this indemnity applies, and in any case, you may not settle any claim without the prior written consent of the Company Parties.

Electronic Communications
When you use the Site or send emails to the Company, you are communicating electronically. You agree to receive all communications related to your use of the Site electronically. The Company will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

All notices from the Company intended to be received by a customer are deemed delivered and effective when sent to the email address you provided on any of the Company Sites.

Site Postings
The Site may allow users to post messages on the Site. The Company is not obligated to review content (including messages) posted on the Site or sent through the Site by users and assumes no responsibility for such content. The Company may, in its sole discretion, monitor, not publish, or remove any such content.

Trademarks and Copyrights
Trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of the Company, its licensors, content providers, or other parties. Users or any party acting on their behalf may not use the Marks for any purpose, including, but not limited to, as metatags on other pages or sites, without the written permission of the Company or the third-party owner of the Marks.

It is prohibited to frame or use framing techniques to enclose any content included on the Site without the express written authorization of the Company. Furthermore, you may not use content from the Site in metatags or other "hidden text" techniques or technologies without the express written permission of the Company.

All content (including software) available on or through the Site is protected by copyright, trademark, and other applicable laws.

Intellectual Property Infringement Claims
The Company respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that the Company has adopted and reasonably implemented a policy providing for the termination, in appropriate circumstances, of users of the website who are repeat infringers of copyright.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the Company’s Copyright Agent with the following information (to be effective, notice must be in writing):

  1. An electronic or physical signature of the person authorized to act on behalf of the copyright or other intellectual property owner;

  2. A description of the copyrighted or intellectual property work you claim has been infringed or, if multiple copyrighted works on a single online site are covered by a single notice, a representative list of such works on that site;

  3. Identification of the material that you claim is infringing or subject to infringing activity and that is to be removed or access disabled, along with information reasonably sufficient to locate the material on the site;

  4. Your address, telephone number, and, if available, email address;

  5. A statement by you that you believe in good faith that the use contested is not authorized by the copyright owner, its agent, or the law; and

  6. A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf of the copyright or intellectual property owner.

The Company’s agent for notice of claims of copyright or intellectual property infringement can be reached at: service@gssnanpre.com.The Company may update this contact information from time to time without notice. We will post the current contact information on this Site.

Survival
Notwithstanding any other provision of these Terms of Use or any general legal principle to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations for a party shall survive the expiration or termination of these Terms of Use.

Force Majeure
The Company is excused from performing these Terms of Use or Purchase Terms to the extent it is prevented or delayed, in whole or in part, due to an event or series of events caused by or resulting from:

  1. Weather or other natural conditions or natural disasters;

  2. Acts of war, terrorism, insurrections, riots, civil unrest, or rebellions;

  3. Quarantines or embargoes;

  4. Strikes; or

  5. Other causes beyond the reasonable control of the Company.

Risk of Loss
Items purchased on the Site are shipped by a third-party carrier under a shipping contract. Therefore, risk of loss and title of such items pass to you upon delivery to the carrier.

Dispute Resolution
By using the Site in any way, you unconditionally agree that:

  1. Any dispute, controversy, difference, or claim arising out of or relating to this agreement, including the existence, validity, interpretation, performance, breach, or termination of this agreement or any non-contractual obligations arising from or relating to this agreement, will be submitted to and finally resolved by arbitration under the UNCITRAL Arbitration Rules in effect at the time of submission of the notice of arbitration;

  2. The governing law for this arbitration clause is the law of the Hong Kong Special Administrative Region of the People’s Republic of China ("Hong Kong");

  3. The place of arbitration is Hong Kong;

  4. The number of arbitrators is one, appointed by the Hong Kong International Arbitration Centre; and

  5. The arbitration proceedings shall be conducted in English.

General
If any provision of these Terms of Use or the Purchase Terms is found to be invalid, void, or unenforceable for any reason, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable provision will be considered severable and will not affect the validity and enforceability of the other provisions of these Terms of Use or Purchase Terms.

Section headings are for reference only and do not limit the scope or extent of the section in question.

These Terms of Use or Purchase Terms and the relationship between you and the Company shall be governed by the laws of Hong Kong, to the extent not preempted or inconsistent with federal law, without regard to conflict of law provisions. For any action not subject to arbitration, we both agree to submit to the personal jurisdiction of a court located in Hong Kong.

The fact that the Company does not act in the event of your or others’ violation of these Terms of Use or Purchase Terms does not mean it waives its right to act in the event of future or similar violations.

If the content of this Site or your use thereof violates the laws of the place where you access it, the Site is not intended for you, and we request that you do not use it. You are responsible for informing yourself of the laws in your jurisdiction and complying with them. The Company does not guarantee that it will take action against all violations of these Terms of Use or Purchase Terms.

Unless expressly provided otherwise in these Terms of Use or Purchase Terms, there are no third-party beneficiaries of these Terms of Use or Purchase Terms.

Modifications to These Terms of Use
You acknowledge and agree that the Company may, in its sole discretion, modify, add, or remove any part of these Terms of Use at any time and in any manner by posting revised Terms of Use on the Site. You may not amend or modify these Terms of Use in any way. It is your responsibility to periodically review the changes we make to the Terms of Use. By continuing to use this Site after any changes to the Terms of Use, you agree to such changes.

Assignment
You may not assign these Terms of Use or Purchase Terms (or any right, benefit, or obligation arising hereunder) by operation of law or otherwise without the prior written consent of the Company, which may be withheld in its sole discretion. Any attempted assignment not in accordance with these Terms of Use or Purchase Terms is null and void.

The Company may assign these Terms of Use or Purchase Terms, in whole or in part, to any third party, at its sole discretion.

Entire Agreement and Eligibility
These Terms of Use constitute the entire agreement and understanding between you and the Company regarding their subject matter and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties regarding such subject matter.

For clarity, these Terms of Use only apply to the extent permitted by law. In some cases, these Terms of Use and a separate document providing additional terms may apply to a service or product offered through this Site ("additional terms"). In case of conflict between these Terms of Use and additional terms, the additional terms shall prevail unless the additional terms explicitly state otherwise.

A printed version of these Terms of Use is admissible in legal or administrative proceedings based on or relating to the use of this Site to the same extent and under the same conditions as other business documents originally generated and maintained in printed form.

Contact Us
If you have any questions or comments regarding these Terms of Use or the Site, please contact the Legal Department of gssnanpre.com via email at: service@gssnanpre.com