USER AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING
THIS WEBSITE (`SITE`). G-MAXX.COM PROVIDES ITS SERVICES TO YOU
(THE `CUSTOMER`) SUBJECT TO THE FOLLOWING USER AGREEMENT (THE `AGREEMENT`).
BY USING THIS SITE, YOU AGREE TO THE TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE
TO THE TERMS OF THE AGREEMENT, YOU MAY NOT USE THIS SITE.
WHO WE ARE
As used in this Agreement, `G-MAXX.com` refers to both G-MAXX.com
(which is the owner of this Site) and `i-Creation Limited`. (which owns some of
the trademarks used by G-MAXX.com, in addition to the stores operated under
the G-MAXX name and which provides fulfillment services to G-MAXX.com)
except where the context clearly refers to only one of those legal entities.
CHANGES TO THESE TERMS OF USE
G-MAXX.com reserves the right, at any time, to modify or update the terms
of this Agreement, upon notice to the Customer in writing to the last address
supplied by the Customer, by email or posting on the site or by any other
reasonable means of communication. G-MAXX.com also reserves the right,
at any time, to modify or update its Privacy & Security Statement by
using the same procedures. Customer confirms his or her acceptance of the
modifications or updates by continuing to use the Site.
GRANT OF USE
Permission is granted to use the content and software (the `Services`)
on the Site as a shopping and personal care resource, but for no other purpose.
Any other use of Services on this Site, including, but not limited to, reproduction
for purposes other than those noted above, or any modification, distribution
or republication, without the prior written permission of G-MAXX.com, is
strictly prohibited.
PURPOSE OF SALES
All sales of products by G-MAXX.com are limited to personal use and may
not, without the express prior written approval of G-MAXX.com, be made
in conjunction with any resale or commercial use.
COPYRIGHT
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces,
audio and video clips, and the selection and arrangements thereof are the
exclusive property of G-MAXX.com, or its respective content providers,
and are protected by U.S. and international copyright laws. All software
used on the Site is the property of G-MAXX.com or its respective software
suppliers, and such software is protected by U.S. and international copyright
laws and other laws and treaties.
TRADEMARKS
All trademarks, service marks and trade names used on the Site (collectively
the `Marks`) are proprietary to G-MAXX.com or other respective
owners that have granted G-MAXX.com the right and license to use such
Marks. The Marks may not be used in connection with any product or service
that is not a product or service of G-MAXX.com or that is likely to cause
confusion among customers, or that in any manner disparages or discredits
G-MAXX.com or the other respective owners of the Marks.
PRIVACY POLICY
G-MAXX.com protects customer information according to the Privacy & Security
Statement posted on this Site. The Privacy & Security Statement, as amended
from time to time, is incorporated by reference to be a part of this Agreement.
Colors/Satisfaction Policy/Returns
G-MAXX.com has made every reasonable effort to display as accurately as
possible the colors of the products that appear on the Site. However, the
actual colors you see will depend on a number of factors including the monitor
that you use and the settings on the monitor. G-MAXX.com does not guarantee
that the display of any color will be accurate. If for any reason you are
unsatisfied with your experience on this Site, please contact us. If for
any reason you are not satisfied with any products you purchase on this Site
you can return them to our warehouse (according to the return instructions
provided). We will give you the choice between a credit card refund for warehouse
returns and store credit. As we are certain you will understand, we may not
provide a refund or an exchange if the products have been opened or used
unless such products are defective.
GENERAL DISCLAIMER - ALL PRODUCTS
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED OR OFFERED IN
THIS SITE ARE PROVIDED ON AN `AS IS` BASIS WITH NO WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, G-MAXX.COM DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES,
PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER
VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF
DEALING OR COURSE OF PERFORMANCE. IN ADDITION, G-MAXX.COM DOES NOT REPRESENT
OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE,
COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE
ANY RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS
SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. G-MAXX.COM SHALL NOT BE BOUND
BY ANY ERRORS OR OMISSIONS IN POSTING PRODUCT INFORMATION OR PRICES WITH
RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE.
In providing product information to its customers, G-MAXX.com relies in
part on product descriptions furnished by manufacturers, wholesalers, and other
third parties. If you believe that any information is not accurate, please
Contact Us.
Limitations on Liability
IN NO EVENT SHALL G-MAXX.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES
WHATSOEVER IN EXCESS OF THE AMOUNT CUSTOMER PAID TO G-MAXX.COM FOR THE
PRODUCT(S) AT ISSUE, EVEN IF G-MAXX.COM HAS BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE,
OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY
TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS
AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NO ACTION OR PROCEEDING
MAY BE BROUGHT AGAINST G-MAXX.COM WITH RESPECT TO ANY CLAIM OR DISPUTE
ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS
THROUGH THIS SITE UNLESS SUCH ACTION OR PROCEEDING IS BROUGHT WITHIN ONE
YEAR OF SUCH USE OR PURCHASE. 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, THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
Order Acceptance/Shipping Terms/Refunds
Acceptance of all orders by G-MAXX.com occurs only upon shipment from G-MAXX.com`s
distribution in Hong Kong. The receipt of an email order confirmation does
not constitute the acceptance of an order or a confirmation of an offer to
sell. Such receipt also does not constitute a confirmation that the product
or service is in stock or otherwise available on the price and terms published
on this Site, or published in any catalog or other advertisement. G-MAXX.com
reserves the right, without prior notification, to limit the order quantity
on any item and/or to refuse service to any Customer. Verification of order
and customer information may be required prior to the acceptance of any order.
Prior to acceptance, G-MAXX.com is not obligated to fulfill any order
and may notify the Customer of a back-order and the estimated time for shipment
(in which case the order shall be deemed to remain open unless Customer cancels
prior to the actual shipment date). Charges to Customer`s credit card shall
only be processed for collection when a shipment has been made. Any shipping
and handling charges which are imposed may reflect estimated or average amounts
required to cover the cost of shipping and handling and need not reflect
the exact cost of the specific order. In the event of an authorized return
of any goods sold from the Site (whether at a store or to the G-MAXX.com
Returns Department), G-MAXX.com is not obligated to include a refund of
any shipping and handling charges or gift wrap charges except when the return
is for defective product and G-MAXX.com shall have the option to refund
any amount owing to Customer by either crediting the charge card used for
payment or mailing a check to the Customer at the address shown on the related
Order.
Online Conduct
Any conduct by a person that in G-MAXX.com`s sole discretion restricts
or inhibits any other person from using or enjoying G-MAXX.com is prohibited.
Customer agrees to use the Site only for lawful purposes and in accordance
with that prohibition. Customer agrees that he or she will not post on the
Site or transmit through G-MAXX.com any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane,
hateful, racially, ethnically, or otherwise objectionable material of any
kind, including, but not limited to, any material that encourages conduct
that would constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national, or international
law.
User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, postcards, suggestions, ideas and other submissions
disclosed, submitted or offered to G-MAXX.com on or by this Site or otherwise
disclosed, submitted or offered in connection with your use of this Site
(collectively, `Comments`) shall be and remain G-MAXX.com`s
property. Such disclosure, submission or offer of any Comments shall constitute
an assignment to G-MAXX.com of all worldwide right, title and interest
in all copyrights and other intellectual property rights in and to the Comments.
Thus, G-MAXX.com will own exclusively all such right, title and interest
and shall not be limited in any way in its use, commercial or otherwise,
of any Comments. G-MAXX.com is and shall be under no obligation (1) to
maintain any Comments in confidence; (2) to pay any person any compensation
for any Comments; or (3) to respond to any customer Comments.
Termination of Usage
G-MAXX.com may, without incurring any liability to the Customer, terminate
access by such Customer, or suspend any Customer`s access to all or part
of G-MAXX.com, without notice, for any conduct that G-MAXX.com, in
its sole discretion, believes is in violation of any applicable law or this
Agreement, or is harmful to the interests of another user, a third-party,
a merchant, a sponsor, a licensor, a service provider, or G-MAXX.com.
Outside Sites and Linking
The Site may contain links to other sites on the Internet that are owned or
operated by third party vendors and other third parties (the `Outside
Sites`). G-MAXX.com is not responsible for the availability of,
or the content located on or through, any Outside Site. You should contact
the site administrator or Webmaster for those Outside Sites if you have any
concerns regarding such links or the content located on such Outside Sites.
G-MAXX.com permits certain third party links to the home page of its site,
provided that G-MAXX.com is provided with notice of such links and does
not thereafter object to such linking. No links or `deep links` are
permitted to any page other than the G-MAXX.com home page without the prior
written consent of G-MAXX.com and G-MAXX.com reserves the right to revoke
unilaterally any consent that it may at any time give to any linkage, including
linkages to the home page.
Severability
If any provision of this Agreement is found to be contrary to law, the remainder
of that provision (if any) and the remaining provisions of this Agreement will
remain in full force and effect.
Waiver
The waiver of any breach or default of this Agreement shall not constitute
a waiver of any subsequent breach or default and shall not act to amend or
negate the rights of the waiving party.
Entire Agreement
This Agreement shall, as the same may be amended from time to time, constitute
the complete and exclusive agreement between G-MAXX.com and Customer with
respect to the subject matter hereof. It supercedes and replaces all prior
discussions, negotiations, understandings and agreements, written and oral,
regarding such matters. Any additional or different terms in any purchase
order or other written or oral response by Customer shall be deemed rejected
by G-MAXX.com without need of further notice and shall not be part of
this Agreement or in any way binding upon G-MAXX.com. ACCEPTANCE OF THIS
AGREEMENT AND OF AMENDMENTS AND MODIFICATIONS THEREOF Use of the Site represents
an acceptance by the Customer of the terms of this Agreement. Use of the
Site shall be governed solely by the terms of this Agreement, as the same
may be amended from time to time, and the policies published by G-MAXX.com
on the Site, which shall be the entire agreement of the parties with regard
to the use of this Site. Amendments or other modifications to this Agreement
may, from time to time, be made by G-MAXX.com sending an email to the
Customer at Customer`s last known email address or by posting thereof on
the Site.
Our Address and Contact Information Relating to the Terms of this Agreement
If you have any questions regarding the terms of this Agreement, you should
contact G-MAXX.com`s legal contact at the following address:
I-Creation Limited (G-Maxx.com)
4/F, Morlite Building
40 Hung To Road.,
Kwun Tong,
Kowloon, Hong Kong
Tel (+852) 2858-6382
Contact us
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