Universal Terms of Service

 

PLEASE READ THIS GENERAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Universal Terms of Service Agreement (this "Agreement") is entered into by and between GALAXY ONE HONGKONG LIMITED (One IBC Limited) and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance.  This Agreement set forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the "Services"), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.

Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:

Agreements

Policies

The terms "we", "us" or "our" shall refer to One IBC Limited.  The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

One IBC Limited may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.  If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services.  In addition, One IBC Limited may occasionally notify you of changes or modifications to this Agreement by email.  It is therefore very important that you keep your shopper account ("Account") information current.  One IBC Limited assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

2. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to Users who can form legally binding contracts under applicable law.  By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity.  If, after your electronic acceptance of this Agreement, One IBC Limited finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. One IBC Limited shall not be liable for any loss or damage resulting from One IBC Limited's reliance on any instruction, notice, document or communication reasonably believed by One IBC Limited to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, One IBC Limited reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

3. ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts.  In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to One IBC Limited that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If One IBC Limited has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, One IBC Limited reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.  You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN.  For security purposes, One IBC Limited recommends that you change your password at least once every six (6) months for each Account.  You must notify One IBC Limited immediately of any breach of security or unauthorized use of your Account. One IBC Limited will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss One IBC Limited or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Transfer of Data Abroad.  If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries.  By visiting this Site and communicating electronically with us, you consent to such transfers.

4. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with One IBC Limited.  You acknowledge and agree that the Services may be provided by independent contractors or third party service providers.

5. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

  1. Your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
  2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  3. You will not use this Site or the Services in a manner (as determined by OneIBC Limited in its sole and absolute discretion) that:
    • Is illegal, or promotes or encourages illegal activity;
    • Promotes, encourages or engages in child pornography or the exploitation of children;
    • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;  
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding One IBC Limited or One IBC Limited's Services.
  4. You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by One IBC Limited.
  5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  6. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
  7. You are aware that One IBC Limited may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow One IBC Limited, in its sole discretion, to record the entirety of such calls regardless of whether One IBC Limited asks you on any particular call for consent to record such call.  You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which One IBC Limited is a party.

One IBC Limited reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.

6. ADDITIONAL RESERVATION OF RIGHTS

One IBC Limited expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by One IBC Limited in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by One IBC Limited in offering or delivering any Services (ii) to protect the integrity and stability of, and correct mistakes made by, any our partner, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of One IBC Limited, its officers, directors, employees and agents, as well as One IBC Limited's affiliates, including, but not limited to, instances where you have sued or threatened to sue One IBC Limited.

One IBC Limited expressly reserves the right to terminate, without notice to you, any and all Services where, in One IBC Limited's sole discretion, you are harassing or threatening One IBC Limited and/or any of One IBC Limited's employees.

7. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by One IBC Limited. One IBC Limited assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, One IBC Limited does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release One IBC Limited from any and all liability arising from your use of any third-party website.

Accordingly, One IBC Limited encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

8. LIMITATION OF LIABILITY