Terms of Use
Welcome to JONVIDESIGN's online store, jonvidesign.com.
These terms and conditions ("Agreement" or "Terms") govern your use of the jonvidesign.com website (the "Site"), related JONVIDESIGN mobile application(s) available to residents, any other written, electronic, and oral communications with JONVIDESIGN, or any websites, pages, features, or content owned and operated by different countries (collectively, including the Site and Apps, the "Services"). You must be age 18 or older to use the Services.
BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. THIS AGREEMENT AND YOUR USE OF OUR SERVICES IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
GENERAL >
USE OF OUR SERVICES >
PRIVACY POLICY >
ERRORS >
PURCHASES >
INTELLECTUAL PROPERTY AND OWNERSHIP >
THIRD PARTY LINKS AND RESOURCES >
TEXT MESSAGING PROGRAM >
EVENTS BEYOND OUR CONTROL >
LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS >
LIMITATION OF LIABILITY >
LEGAL DISPUTES AND ARBITRATION AGREEMENT >
LEGAL TERMS >
NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA POLICY >
CONTACT US >
1. GENERAL
1.1 Ownership. The seller and payment collection entity is KELAIMENG NETWORK TECH LIMITED (trading as JONVIDESIGN), a company registered in Hong Kong. Where applicable, "JONVIDESIGN", the "Company", "we", "us" and "our" shall refer to KELAIMENG NETWORK TECH LIMITED and "you" or "your" shall refer to the user of the Services.
The Services are intended to promote the Company's products and services available. If you order products to be shipped to another country, you may be redirected to the local site of the country to which products are shipped, in which case, you will be subject to the terms of that local site.
1.2 Updates to the Terms. We reserve the right to change, modify, add or remove sections of these Terms, at any time, in our sole discretion. You are responsible for checking these Terms for any changes whenever you use the Services. By continuing to use or access any of the Services or otherwise engaging with JONVIDESIGN after the posting of changes, you accept and agree to any such changes.
2. USE OF OUR SERVICES
2.1 Use of Services. Subject to the terms and conditions of this Agreement, JONVIDESIGN hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your mobile devices, only for the purpose of personal, non-commercial, shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Services at any time with or without cause. In addition, from time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.
Additionally, you agree not to:
use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation;
engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party's use of the Services;
use any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;
use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; or
otherwise attempt to interfere with the proper working of the Service.
2.3 Account Creation and Termination. In order to access some features or services available on the Services, you will have to create a JONVIDESIGN user account ("User Account"), including setting up a password. You may not use another person's account or password.
You are solely responsible for protecting the confidentiality of your User Account and the information you hold for your account, including your password, as well as any and all activity that occurs under your User Account. In no event shall we be liable for any loss, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any other breach or threatened breach of the Site or App's security. You warrant and confirm that you will only use your own User Account or password.
If you already have an account as of the Effective Date of these Terms, your account will be administered by KELAIMENG NETWORK TECH LIMITED. If you reside in one country but order products to be shipped to another country, you may be redirected to the site serving the country to which the products are shipped.
We reserve the right to terminate accounts and/or cancel orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests. You may terminate your account at any time, for any reason, by following any such instructions within the Site, or by contacting us as described in the "Contact Us" section below. If your Wallet (defined below) holds promotional points, promotional coupons or wallet credit at the time of termination or cancellation of your User Account, you may lose those assets, except as provided by applicable law, if you do not reach out to Customer Service.
By creating an account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.
2.4 Accurate Information; Customs. In accordance with Customs regulations, you must provide valid and accurate data when making a purchase, and it is your sole responsibility to make certain that such data is accurate. All consignee names, addresses and payer names must also be accurate and valid. If any information is missing or is incorrect, and that leads to a shipment delay or cancellation during the customs clearance process, jonvidesign.com will not be responsible and will not offer any compensation to you whatsoever. You hereby authorize JONVIDESIGN and its affiliates to make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and for your account. This includes granting to JONVIDESIGN the power to make and receive service and deliveries, request refunds of any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts and other institutions, file, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind, receive monies, valuables and documents and/or deeds in connection with the purchase, shipment, or delivery of products you purchased or caused to be purchased via the Service. It also includes the right to instruct customs agents in the name and on behalf of you and to grant sub-authorization to customs agents and/or other representatives involved in handling matters relating to the importation of goods and complying with regulations regarding the importation of goods.
3. PRIVACY POLICY
JONVIDESIGN's Privacy Policy applies to use of the Services, including your submission of personal information through the Services, and is herein incorporated by reference.
4. ERRORS
While we strive to provide accurate information on the Site and Apps, typographical errors, inaccuracies, or omissions that relate to pricing, product descriptions, availability, and offers may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on the Site is inaccurate at any time without prior notice, including after your order has been submitted. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address provided at the time the order was made.
5. PURCHASES
5.1 Prices and Orders. All product prices listed on the Site are exclusive of shipping charges and applicable taxes or fees (where applicable) which will be charged to you separately at the applicable rate on each order.
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation. All amounts are in U.S. dollars unless otherwise noted on the Site.
Credit cards are subject to verification and authorization by the card issuer. Registered users' purchase and order history are available in the "My Orders" section of your User Account. By clicking "Buy Now" or "Place Order" and "Continue" on the Site, you are offering to purchase products from us, the acceptance of which is in our sole discretion; such confirmation (if any) will be communicated to you in the Order Confirmation.
If you detect an error in your order after the completion of the payment process, you should immediately contact our Customer Service to correct the error.
5.2 Colors. We make reasonable efforts to display, as accurately as possible, the colors of our products that appear on the Services. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be an accurate depiction of the color of the product you selected to purchase.
5.3 Title and Shipment. Title to any purchased items transfers from the Company to you as the respective customer once the items are delivered to the shipping address provided by you. Any claims arising from shortage or damage during delivery of the order by the carrier to your delivery address must be made to customer service within fourteen (14) days after your receipt of the goods. At our discretion, we will either replace the item that was damaged or lost during shipment (subject to availability and using the same shipping method without additional shipping costs, and subject to the same terms & conditions as set forth herein), or we will reimburse you the purchase price and shipping cost paid (provided that the shipping cost did not include other items that were delivered without damage).
5.4 Return of Product. Goods can be returned within 45 days from the purchase date by notifying us of your decision to do so via the respective function of the Site. Based on your request, we will either exchange the product or refund you the purchase price (free return shipping will only be available for one return per purchase order). The refund will be issued to your original method of payment at your election. The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear, jewelry, and accessories (except scarves, bags, and mermaid blankets).
6. INTELLECTUAL PROPERTY AND OWNERSHIP
6.1 Content. The Services, including all features and materials, such as the text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features provided as part of the Services (collectively, "Content"), are owned, controlled or licensed by the Company, and are protected by applicable copyright, trademark, trade dress, patent, trade secret and other intellectual property or proprietary rights laws. You may only access the Content as permitted under these Terms and the Privacy Policy.
6.2 JONVIDESIGN Marks. The trademarks, service marks, icons, custom graphics, word marks and logos contained on the Site ("Marks"), are owned by Company or licensed to Company to use such marks or to sell products bearing such Marks. No right, title, or interest in or to any of the Marks is transferred to you and all rights not expressly granted are reserved. The Marks may not be used in connection with any product or service that is not offered by the Company in any manner that is likely to cause confusion among customers. The Marks, whether on any product offered for sale on the Site, or appearing as a logo or text on any portion of the Site, are not a representation that Company is the owner of any copyright or other intellectual property rights in the products offered for sale on the Site. Company sources some of its products from third-party manufacturers and wholesalers.
6.3 Rights Reserved. The Content on the Services is intended solely for personal, non-commercial use. You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Content, software, products or service contained on the Site without the prior written consent of the Company or the respective owners or licensors. You may not use any of the Content to further any commercial purpose, including any advertising or advertising revenue generation on your own website, social media account or in any other form or medium. You hereby grant to JONVIDESIGN (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable license to duplicate, use, or incorporate any questions, comments, suggestions, ideas, feedback or other information about the Services that you provide to us. You further acknowledge and agree that all of the foregoing is not confidential and are subject to the Company's review and monitoring.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. We reserve all rights not expressly granted in and to the Content.
6.4 Reviews, Comments and Submissions. Except as otherwise provided elsewhere in this Agreement or on the Services, anything that you submit or post to the Services and/or provide to the Site or Apps, including, without limitation, picture, video, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary (unless such Submission is otherwise subject to our Privacy Policy), and by submitting or posting, you agree to irrevocably license the entry and all intellectual property ("IP") rights related thereto (excluding the moral rights such as authorship right) to the Company without charge and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You hereby grant to JONVIDESIGN (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable license to duplicate, use, or incorporate all your Submissions.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third-party claims. We assume no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defend and indemnify the Company against any losses caused due to the use of the Submissions for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on the Site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or content. We may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
Please note that you are prohibited from posting images to our Services of yourself, if you are under the age of 18, or of others who are under the age of 18.
6.5 User Generated Content Policy. When you transmit, post, upload, share, or otherwise contribute any content, including Submissions, to our Site or Apps, including but not limited to your Submissions, such contributed content shall be considered as user-generated content ("UGC") to the extent that such content is visible to or accessible to any other Site or App visitors or users. By accepting these Terms, you agree not to contribute any UGC that could reasonably be considered to entail, contain, provide or promote any of the following:
Sexually explicit or pornographic content;
Profanity;
Derogatory, discriminatory or hateful comments or incitements against specific individuals or groups based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction;
Any other content that could be considered illegal, offensive or restricted under applicable laws or regulations.
You further acknowledge and agree that JONVIDESIGN, in its sole discretion, may remove or block any UGC it determines violates the above requirements. Posting UGC in violation of these Terms may lead to the suspension or subsequent termination of all or part of our Services. By accepting these Terms, you hereby acknowledge and agree to only post UGC that is appropriate for a family audience. You further acknowledge and agree that JONVIDESIGN is not obligated to police or actively review UGC prior to its display on JONVIDESIGN's Sites, and that you are therefore solely responsible for the UGC you elect to post on the Sites.
7. THIRD PARTY LINKS AND RESOURCES
Our Site may contain links to third-party sites that are not owned or controlled by us. References on our Site to any names, marks, products or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.
We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile app platform with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party's terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
8. TEXT MESSAGING PROGRAM
GENERAL TERMS & DISPUTES. WITHOUT LIMITATION OUR TEXT MESSAGING PROGRAM IS SUBJECT TO THESE COMPLETE TERMS, WHICH CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE LEGAL DISPUTES AND ARBITRATION AGREEMENT SECTION BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE ARBITRATION SECTION BELOW.
8.1 Enrollment. You must expressly agree and consent to enroll in JONVIDESIGN's text messaging (SMS) program. Your consent to participate in our SMS program is not a condition of making a purchase and it is not required to use our Site, or Services.
9. EVENTS BEYOND OUR CONTROL
We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, governmental actions, labor disputes, or disruptions in utilities or communications.
10. LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS
The Company warrants that products sold through the Site will conform to the descriptions provided on the Site and will be of satisfactory quality. In the event of any defect or non-conformity, your exclusive remedy shall be the return or exchange of the product as described in Section 5.4 above.
Nothing in these Terms shall affect your statutory consumer rights under the laws of Hong Kong or any other applicable jurisdiction.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
12. LEGAL DISPUTES AND ARBITRATION AGREEMENT
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC Administered Arbitration Rules in force at the time of the filing of the arbitration. The seat of arbitration shall be Hong Kong. The language of the arbitration shall be English.
13. LEGAL TERMS
13.1 Severability. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
13.2 No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
13.3 Entire Agreement. This Agreement constitutes the entire agreement between you and the Company regarding the use of the Services, superseding any prior agreements between you and the Company relating to your use of the Services.
13.4 Assignment. We may assign our rights and obligations under these Terms to any third party without your prior consent. You may not assign your rights or obligations under these Terms without our prior written consent.
13.5 GOVERNING LAW.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region (Hong Kong SAR).
14. NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA POLICY
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. We reserve the right, but not the obligation, to terminate your license to use the Services if we determine in our sole discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
If you believe that any material located, or linked to, on the Services violates your copyright, trademark, or other intellectual property rights, you are encouraged to notify us by following the procedures set forth below to request a review of the alleged infringement.
Please send us a notice ("Notice") by email to service@jonvidesign.com with the subject "Takedown Request," and include the following information:
If a copyright is at issue, identify the copyrighted work that you claim has been infringed along with any copyright registration number.
If a trademark is at issue, identify the trademark that you claim has been infringed along with any trademark registration number.
If a patent is at issue, identify the patent that you claim has been infringed along with the patent registration number.
Identify the material on our Services that you claim is infringing your rights and provide us with information reasonably sufficient to permit us to locate the allegedly infringing material. For example, if the allegedly infringing material is a product, identify the product by providing a description and a link to such product.
Provide your full legal name, company affiliation, mailing address, telephone number, and email address.
Include in the body of your Notice the following statements, followed by your electronic or physical signature: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright, or other proprietary right, owner, its agent, or the law. I hereby state that the information in this Notice is accurate and state, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
We will evaluate all Notices and reserve the right to remove any material or disable any links to any material, as required or appropriate.
15. CONTACT US
If you have any questions or concerns about these Terms, please contact us:
Company Name: KELAIMENG NETWORK TECH LIMITED Email: service@jonvidesign.com Company Address (not for return): ROOM H 11 1/F KAISER ESTATE PHASE 2 NO.51 MAN YUE STREET HUNG HUM, KOWLOON HONG KONG Contact Phone Number: 213 275 1090