Welcome to shailaasha.com. shailaasha.com is an e-commerce online marketplace (the “Platform”), independently developed and operated by shailaasha.com. When you use any service on the shailaasha.com website, including but not limited to connecting, accessing and browsing the Platform, or using services to Platform members, you must comply with this agreement (the “Agreement”) between you or the business you represent (“you”) and the applicable affiliate of shailaasha.com (“we” or “us”).
In addition to the terms of this Agreement, other policies such as rules, notices, agreements, etc. that have been published or may be published in the future on the Platform also constitute an integral part of this Agreement and have the same legal effect as the terms of this Agreement.
The “Platform” may modify the “Terms” from time to time and publish the modified content on the “Platform” without further notice to you. The revised content will take effect immediately after being posted to the Platform. If you do not agree to the modified content, please stop using the “Service” immediately. If you continue to use the “Service”, it will be deemed that you have accepted the modification of this Agreement. If there is any dispute between you and us, the modification of this Agreement shall prevail. These Terms may not be modified unless modified in writing by an authorized officer of shailaasha.com.
When registering as a member of the Platform, accessing, browsing or otherwise using the Service on the Platform, clicking to accept these Terms indicates that you have fully read, understood and accepted all the terms and conditions of this Agreement, and further promise to perform in accordance with this Agreement. This Agreement will take effect immediately upon your acceptance.
Please read this Agreement carefully before continuing.
I. Member Registration
． By filling in the blanks on the registration page, reading and accepting this Agreement, or completing the entire registration process on the Platform, you are deemed to be a member of the Platform (“Member”). You acknowledge that when completing the registration process or using the Service in a manner permitted by the Platform, you are a natural person with civil rights and civil capacity, or a legal person or other legal entity duly established and legally existing under applicable civil law. If you do not meet the above conditions, please do not use the Service, otherwise all consequences arising therefrom will be borne by you and/or your guardian. The Platform further reserves the right to cancel (freeze) your account and claim compensation from you and your guardian. If you are a company or any other legal person or organization, you shall declare and guarantee that you have authorized a natural person to operate on your behalf on the platform and bear the legal consequences and responsibilities related to the platform.
When you complete the registration or activation process, you shall provide accurate information on the corresponding page in accordance with the requirements of relevant laws and regulations, and update it in a timely manner to ensure that the relevant information is true, timely, complete and accurate. You shall indemnify and hold the platform harmless for any loss or damage caused to the platform due to incorrect, inaccurate, outdated or incomplete information.
You shall keep your account name, nickname and password safe and confidential, and shall be fully responsible for activities related to the account name, nickname and password, including but not limited to the publication, disclosure or submission of information. Unless required by applicable laws or judicial authorities, you shall not rent, borrow, transfer, provide free of charge or pass on your account name, nickname and password to any third party in any way without the consent of this platform.
You understand that if there is unauthorized use of your account name, nickname, password or any other breach of confidentiality obligations, it will take a reasonable time for this platform to respond to your request, so we are not responsible for the consequences (including losses) that have occurred before any action is taken.
2. Platform Services
You can search for product and service information, conduct online transactions, post comments, rate other members, participate in platform activities, and use any other information and technical services provided on the platform through the platform services provided by shailaasha.com and/or its affiliates. We reserve the right to restrict certain members from accessing or using certain services without prior notice and under conditions determined by the platform at its discretion. Unless otherwise agreed in writing, we will be deemed a third party to any transaction on the platform and will not be involved in any legal relationship or legal dispute arising between members.
It does not guarantee or represent that all members will have access to the same type and range of services or their features and functions. The platform may, at its sole discretion, restrict, refuse or set different levels of access and use of any service for different members.
In order to provide you with comprehensive and personalized services, the platform will send system messages, transaction updates, web content recommendations, and fund changes to the phone number you leave on the platform. By accepting this agreement, you agree to receive the above information. If not, you can unsubscribe. The platform may also analyze member data and provide you with information that may be of interest to you; display your personalized advertising information from any third party; share your information with partners and other members of the platform to help them get the most convenient trading experience.
We do not guarantee that the Platform will not be affected by any interruption or failure or the effectiveness of the Platform. You agree to bear the losses caused by unexpected interruptions, delays in operation or transmission, computer viruses, network connection failures and unauthorized access.
3. Use of the Platform
Subject to these Terms, the Platform hereby grants you a limited, revocable, non-transferable, non-exclusive license to access and use the Platform only for the purchase of legal products and/or services sold on the Platform and not for any other purpose unless expressly permitted in advance by the Website and/or its affiliates. Any violation of this Agreement will result in the immediate revocation of the license granted in this paragraph without further notice.
You may not display, copy, sell, distribute, lease, modify, transmit, create derivative works, translate, reverse engineer, disassemble, decompile or otherwise exploit the Platform or use the information provided on the Platform for any commercial purpose, unless expressly permitted in writing by shailaasha.com and/or its affiliates in advance. We reserve the right to refuse service, terminate accounts and cancel orders at our sole discretion, including, but not limited to, if we believe that the member’s behavior violates applicable laws or harms our interests.
You shall be solely responsible for the authenticity, accuracy, timeliness, completeness and legality of the information, comments and reviews (hereinafter referred to as “your information”) that you publish and post through this platform, including but not limited to private and commercial information published in the form of text, pictures, videos, etc. You agree and guarantee that your information and any items traded on the platform:
(1) do not violate any laws, regulations, ordinances or regulations (including but not limited to laws, regulations or regulations regulating export management, licensed operations, trade quotas, consumer protection, unfair competition or false advertising), this Agreement and related rules; or infringe on any third party’s property rights or copyrights, patents, trademarks, trade secrets or other intellectual property rights;
(ii) do not directly or indirectly link to prohibited goods or services or contain prohibited goods or services; contain obscene or any child pornography; or contain any information that this website and/or its affiliates determine is prohibited or deemed unsuitable for advertising or trading purposes.
(iii) does not contain viruses, computer worms or other computer programs that attempt to intentionally damage, interfere with, secretly intercept or expropriate any system, data or personal information; or
(4) does not contain defamation (including commercial defamation), derogatory remarks about religion, race or gender, illegal harassment, intimidation or illegal content; use the “Service” in any chain letters, junk emails, spam emails or any other repetitive or redundant information; use the “Service” to collect email addresses and other information of any other member without the permission of such member; or use the Service to forge email addresses or otherwise attempt to mislead others about the identity of the sender or the source of the information.
If we believe that your information may cause any legal or moral liability to the Platform, or the Platform suffers loss and damage due to your information, we have the right to take any necessary or appropriate action on your information at our sole discretion, including but not limited to deleting such information. You hereby guarantee that you own all ownership and rights of your information submitted to the Platform, including all intellectual property rights. You further acknowledge that the Platform has no responsibility to identify or determine which of your information should be protected, and will not be responsible for the use of your information by other members. You shall bear all legal responsibilities independently and guarantee that the platform will not be liable for any claims against third parties for losses caused by your suspected breach of this guarantee.
If the judicial authorities determine that you have committed an illegal act or violated this Agreement with valid legal documents, or the platform determines that you are suspected of committing an illegal act or violating this Agreement, the platform has the right to publish your illegal act or violation of this Agreement online and has the right to impose appropriate sanctions on you, including but not limited to restricting rights, terminating the provision of services, etc.
If you violate this Agreement or any other agreement signed with any shailaasha.com affiliate, shailaasha.com and/or its affiliates have the right to require other shailaasha.com platform affiliates to take restrictive measures that harm your interests by notifying them in any form. Similarly, when you violate any guarantee to shailaasha.com affiliates confirmed by shailaasha.com affiliates, shailaasha.com and/or its affiliates have the right to immediately take restrictive measures on your account in the manner you made in the guarantee, including but not limited to suspending or terminating the provision of services and publishing the confirmed breach. You understand and agree that shailaasha.com and/or its affiliates have no obligation to verify with you or otherwise seek your consent for confirmed violations, and you further agree that shailaasha.com and/or its affiliates are not responsible for the above restrictions or any form of publication.
IV. Platform Transactions
Through this platform, we provide an e-commerce online marketplace for platform members (hereinafter referred to as “purchasers” and “suppliers”) to exchange information, provide, accept, conclude and manage orders for the provision of products and services. Please note that for any service, shailaasha.com and/or its affiliates do not represent suppliers or buyers in a particular transaction. Although this platform provides return and exchange services, we and this platform only act as intermediaries and information transmission. The platform has no control over, and does not assume any responsibility or liability for, the quality, safety, legality or availability of products or services sold on the platform, or the ability of suppliers and purchasers to fulfill orders. We recommend that you strictly review whether the transaction information is true, legal and accurate, the quality, safety or legality of the items involved, and the ability and qualifications of the parties to the transaction to perform the various obligations of the purchase and sale agreement. We remind you to be cautious in transactions and pay attention to preventing and controlling possible risks such as fraud.
Buyers and Suppliers shall bear the risk of any purchase or sale transaction conducted in connection with or through the Platform or Services, and all liability or damages arising from or related to any subsequent activities related to the products or services that are the subject of transactions on the Platform. (collectively, the “Transaction Risks”). shailaasha.com and/or its affiliates shall not be liable for any damages, claims, liabilities, costs, damages, inconveniences, business interruptions or expenses that may result from or are related to any Transaction Risks.
Buyers and Suppliers are solely responsible for entering into and performing agreements with respect to transactions conducted by them using, through or as a result of using the Platform or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, permits, handling, transportation and storage. If you have a dispute with the other party to a transaction, you agree to release and indemnify shailaasha.com (and its agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including, without limitation, any actual, special, incidental or consequential damages) arising out of or related to such disputes or transactions.
The pricing of products sold on the Platform is based on figures calculated in US dollars (US$). The price displayed on the individual product page, regardless of the currency denomination, is the current price you are responsible to pay.
You agree to provide all information and materials that the Platform may reasonably request in connection with transactions conducted using the Platform or Services. If you fail to provide the required information and materials, we have the right to suspend or terminate your account without being responsible for any loss or damage arising from or related to such suspension or termination.
V. Grant of License
You fully understand and hereby agree to irrevocably grant shailaasha.com and/or its affiliates the following rights:
You agree that we have a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and full license and sublicense to use, modify, adapt, publish, reproduce, translate, create works in whole or in part from, perform and display, and incorporate the information you select and publish on the publicly available areas of the Platform, including but not limited to text, images and videos, in any other works, media or technology now known or developed in the future.
Except as otherwise provided in this Agreement or on the Platform, anything you submit or post to the Platform and/or provide to us, including but not limited to ideas, know-how, techniques, questions, comments, reviews and suggestions (collectively, “Submissions”) are and will be treated as non-confidential and non-proprietary, and by submitting or posting, you agree to irrevocably license the Submissions and all intellectual property rights associated with them (excluding moral rights such as copyright) to shailaasha.com and/or its affiliates free of charge, and shailaasha.com and/or its affiliates will 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, and translate, modify, reverse engineer, disassemble or decompile such Submissions in any manner and in any form. All Submissions will automatically become the exclusive property of shailaasha.com and/or its affiliates and shall not be returned to you, and you agree not to raise any disputes in the future arising from the use of such Submissions by shailaasha.com and/or its affiliates. You guarantee that the whole or part of the submission is clear and does not contain any intellectual property infringement, dispute or third-party claim. shailaasha.com and/or its affiliates shall not be liable for your abuse of copyright or any other rights of third parties. You further undertake to defend and indemnify shailaasha.com and/or its affiliates for any losses caused by the use of the entry.
VI. Privacy
Without prejudice to the license provided for in this Agreement, protecting your privacy is a fundamental principle of this Platform. For this purpose, this Platform will use your information in accordance with the Privacy Policy published on this Platform. The terms of the China Aggression Privacy Policy constitute part of this Agreement; therefore, you should read them carefully. Please note that once you agree to disclose or submit your information on the Platform, your The information may be accessed or used by any other person.
7. Intellectual Property
shailaasha.com is the sole owner or legal licensee of all rights and interests in the Platform. The Platform contains trade secrets and other intellectual property protected by copyright and other laws worldwide. All title, ownership and intellectual property rights in and to the Platform are owned by shailaasha.com and/or its affiliates, as the case may be. All rights not claimed by these Terms or by shailaasha.com and/or its affiliates are reserved.
“Chinavasion”, “Chinavasion.com” and related icons and logos are registered trademarks, domain names or service marks of shailaasha.com (the “Content”) and are protected by applicable copyright, trademark and other proprietary rights laws. Any unauthorized copying, modification, use or publication of these marks and any use of data mining, robots or similar data gathering and extraction tools on the Platform is strictly prohibited. You may view and use the Content only for the purpose of obtaining your personal information and shopping and ordering on the Platform and not for any other purpose. The collection, arrangement and compilation of all content on the Platform (the “Compilation”) is the sole property of shailaasha.com and/or its affiliates. You may not use the Content or compilation on the Platform in any manner that disparages or disparages the Platform, or in any manner that may cause confusion or violate any applicable laws or regulations. All software used on the Platform (the “Software”) is the property of shailaasha.com and/or its affiliates and/or its software suppliers. The Content, compilation and Software are protected by state, national and international copyright laws. All rights not expressly granted are reserved by shailaasha.com and/or its affiliates. Violators will be prosecuted to the fullest extent of the law.
The provision of the Platform or Services may involve independent third parties. You may not use any trademark, service mark or logo of such third party without the prior written approval of such independent third party.
All information and content related to items on the Platform, including but not limited to the price, details, size, weight, description, specifications, etc. of the items, are translated from information obtained by us from suppliers or third parties, and the items or related information are not owned, manufactured, sold or endorsed by the Platform. Taking into account technical limitations, we do not guarantee that the above information is accurate, complete, reliable, current or error-free. Each item sold on the Platform has an item description and/or reference link. You shall be responsible for confirming the relevant information and content of the items he/she/it intends to purchase through the information and/or links provided before you submit any order. Your acceptance of this Agreement shall constitute your acknowledgement that you have full knowledge and understanding of the details of the purchased goods when submitting the order, and shailaasha.com and/or its affiliates shall not be responsible for any after-sales problems arising from misunderstanding the relevant information and content on the platform.
We recognize and respect all intellectual property rights. The platform’s policy is to take appropriate action when necessary to maintain and recognize all relevant applicable laws related to materials that claim to infringe any trademark, copyright, patent and all or any other intellectual property laws. To this end, the platform will take corresponding measures in accordance with the Intellectual Property Infringement Policy published on the platform. The terms of the Intellectual Property Infringement Policy constitute part of this Agreement; therefore, you should read them carefully.
8. Links
The platform may provide links to other platforms or resources. Considering that the platform does not control these platforms or resources, you acknowledge and agree that we are not responsible for the availability of the above platforms or resources, and we do not recognize and therefore should not be responsible for any content, publicity, products, services or other information published or provided on the above platforms or resources. You acknowledge and agree that we are not responsible for any direct or indirect loss caused or alleged to be caused by the use of or reliance on any content, advertising, products, services or other information on the above platforms or resources.
9. Disclaimer and Limitation of Liability
1. You expressly understand and agree that the Platform shall not be liable for any loss, including but not limited to loss of profits, loss of goodwill or tangible or intangible loss related to the use of data, whether or not the Platform is informed of the possible loss, due to the following reasons:
(1) the availability or unavailability of the service;
(2) the purchase or acquisition of any goods, samples, data, information or services through or through the service, or any transaction conducted through or from the service;
(3) unauthorized access to or alteration of your information or data;
(4) statements made by third parties on the service or any other actions taken in connection with the service; or
(5) any other matters related to the service.
We will make every reasonable effort to provide you with a pleasant experience using the platform. However, technical problems or other difficulties may occur, resulting in data loss or other business interruptions. You acknowledge and agree that he/she/it will use the Service at his/her own risk and that the Service will be provided on an as-is and as-available basis. We disclaim all warranties, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and otherwise. In addition, we make no warranty that:
(1) the Service will meet your requirements;
(2) the Service will be uninterrupted, secure, or error-free;
(3) the results that may be obtained from the Service will be accurate or reliable; or
(4) the quality of any products, services, data, or any other information purchased or obtained through the Service will meet your expectations.
Any information downloaded or otherwise obtained through the Service is obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such information. No advice or information, whether oral or written, obtained from the Platform or through or from the Service shall be warranted by us except as expressly provided in this Agreement.
shailaasha.com and/or its affiliates’ total liability to you for any damages (regardless of the basis of action) shall not exceed the total amount of fees actually paid by you through the Platform during the month prior to the occurrence of the action allegedly giving rise to shailaasha.com and/or its affiliates’ liability.
To the maximum extent permitted by law, shailaasha.com and/or its affiliates make no representations or warranties as to the validity, accuracy, correctness, reliability, quality, stability, completeness or timeliness of any information provided on or through the Platform; shailaasha.com and/or its affiliates do not represent or warrant that the manufacture, import, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Platform do not infringe any third party rights; shailaasha.com and/or its affiliates make no representations or warranties of any kind regarding any products or services offered or displayed on the Platform.
The Platform may offer services or products to Members that are provided by independent third parties. No warranties or representations are made with respect to such services or products. In no event shall shailaasha.com and/or its affiliates be liable for any such services or products.
The limitations and exclusions of liability to you under these Terms shall apply to the maximum extent permitted by law and shall apply regardless of whether shailaasha.com and/or its affiliates have been advised of or should have known of the possibility of any such losses.
X. Indemnification and Remedies
You agree to fully indemnify and hold harmless shailaasha.com, its subsidiaries, partners, affiliates, branches, directors, employees and agents from any damages or claims that any third party or competent administrative or judicial authority may bring against shailaasha.com, its subsidiaries, partners, affiliates, branches, directors, employees and agents arising out of or in connection with your breach of this Agreement or any other instrument incorporated herein by reference. You agree to fully indemnify and hold harmless shailaasha.com, its subsidiaries, partners, affiliates, branches, directors, employees and agents from any damages or claims that any third party or competent administrative or judicial authority may bring against shailaasha.com, its subsidiaries, partners, affiliates, branches, directors, employees and agents arising out of or in connection with your breach of this Agreement or any other instrument incorporated herein by reference. You agree to indemnify and hold harmless shailaasha.com, its subsidiaries, partners, affiliates, branches, directors, employees and agents from any and all … may bring against shailaasha.com and/or its affiliates and any third party for any violation of the legal rights of shailaasha.com and/or its affiliates and any third party for any violation of applicable laws or for any administrative or criminal sanctions that may be imposed for any violation of applicable laws, including litigation costs and any other professional service fees. You agree that shailaasha.com’s legal remedies for any actual or threatened breach of this Agreement are inadequate, except for any damages to which shailaasha.com and/or its affiliates may be legally entitled, and the reasonable costs of any form of dispute resolution, including but not limited to attorneys’ fees, and shailaasha.com is entitled to request specific performance or injunctive relief, or both. An instance in which shailaasha.com and/or its affiliates waive their rights or remedies under this clause does not imply an obligation to grant any similar, future or other waivers.
West. Please note
You should accurately and promptly fill in and update your email address, telephone number, address, zip code and other contact information so that we, our partners or other members of the platform can contact you. If you cannot be contacted through the above contact information, he/she/it will bear full responsibility for any losses or additional expenses incurred in the use of the service. You understand and agree that you are obliged to keep your contact information valid and updated in a timely manner in accordance with the platform rules.
If you need to communicate with us, he/she/it can contact us through the contact information specified on the platform, and we do not accept any other contact information. If there is any information, content and rules that need to be published, we will publish an announcement on the relevant webpage of the platform.
The platform sends all notifications by sending an email to your updated email address. The aforementioned email is deemed to be delivered when it arrives at the aforementioned email receiving system.
12. Force Majeure
shailaasha.com and/or its affiliates shall not be liable to you or be deemed to be in breach of the Agreement for any delay or failure to perform any obligation in connection with the Program, Services and/or Platform if the delay or failure is due to any cause beyond our reasonable control, including but not limited to:
(i) fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;
(ii) war or threat of war, sabotage, rebellion, civil strife or requisition;
(iii) any act, restriction, regulation, bylaw, prohibition or measure of any kind by any government, parliament or local authority;
(iv) import or export controls or embargoes;
(v) strikes, lockouts or other industrial disputes;
(vi) difficulties encountered by us or our suppliers in obtaining raw materials, labour, fuel, parts or machinery; or
(vii) disruption or failure of telecommunications, transport, power supply or systems or mechanical failure rendering any of the foregoing unusable.
XIII. Fees and Expenses
We reserve the right to charge any fees for the Services upon notice. In addition, you shall also pay taxes imposed for entering into transactions, obtaining paid services from the Platform (including the Platform’s partners) or accessing the Platform’s servers, as well as fees related to hardware, software, telecommunications, network services and other costs.
XIV. Termination
You agree that shailaasha.com and/or its affiliates have the right to terminate the service password and account (or any part thereof) or your use of the service for any reason at any time without any charge from us, without further notice, especially if we have reasonable evidence that you have violated this Agreement.
The above-mentioned breaches include but are not limited to:
(1) Member information is not updated in a timely manner when the member’s identity certificate or business license is inconsistent with his/her personal information or the actual business information is inconsistent with the registration information;
(2) Sending repeated information, publishing information prohibited or restricted by applicable laws and regulations, and publishing information outside the member’s business scope or irrelevant to the platform services;
(iii) Impersonating other companies to publish commercial information and conduct business activities;
(4) Attempting to destroy or attack the integrity of the “Platform”‘s computer system and network, or attempting to enter the “Platform”‘s computer system and network;
(v) Using or providing computer viruses, disguised destructive programs, computer worms, time bombs or other destructive programs that destroy, interrupt, intercept or invade any system, data or information;
(6) Stealing other members’ account names and/or passwords;
(7) Selling or authorizing the use of accounts without the consent of this platform;
(8) Conducting fraudulent activities through the platform;
(9) Infringing intellectual property rights through this platform;
(10) Other acts that violate laws, regulations, rules, relevant agreements, regulations, rules, platform procedures, good habits, etc.
You have the right to request that the Platform cancel your account. Upon approval by the Platform, your account will be cancelled and the contractual relationship between you and shailaasha.com and/or its affiliates will be terminated accordingly. After you cancel your account, shailaasha.com and/or its affiliates have no obligation to disclose any information in your account to you, nor to forward any information to you or any third party.
You acknowledge and agree that after the termination of the contractual relationship between you and shailaasha.com and/or its affiliates:
(1) We have the right to retain your data;
(2) We reserve the right to file a claim against you for any violation of applicable laws, this Agreement and/or the Rules during your use of the Service;
(3) Other members of the Platform reserve the right to file a claim against such other members for any issues remaining after the termination of this Agreement during your use of the Service, and you shall continue to perform your promised obligations.
You further acknowledge and agree that shailaasha.com and/or its affiliates will not be liable to you or any third party for terminating the provision of services to you.
XV. Applicable Law, Jurisdiction and Others
The relationship between you and shailaasha.com is an independent contractual relationship. This Agreement is not intended to create any agency, partnership, joint venture, employment or special licensing relationship between you and shailaasha.com.
You agree that we have the right to assign some or all of its rights and obligations under this Agreement to you by online posting or any other reasonable notice.
You may not assign this Agreement by operation of law or otherwise without our prior written consent. Any attempted assignment or other transfer in violation of this section will be void; provided, however, that upon notice to us, you may assign or transfer this Agreement, in whole or in part, to any of your affiliates, so long as you remain liable for the obligations under this Agreement incurred prior to the effective date of the assignment or transfer. You agree that we may assign or transfer our rights and obligations under this Agreement: (a) in connection with a merger, consolidation, acquisition or sale of all or substantially all of our assets or similar transaction; or (b) to any affiliate or as part of a corporate reorganization; the assignee is deemed to be substituted for us as a party to this Agreement effective upon the effectiveness of such assignment. Subject to this limitation, this Agreement will be binding upon, applicable to and enforceable against the parties and their respective successors and assigns. We may perform any of our obligations under this Agreement through one or more of our affiliates;
Exercise any of our rights.
This Agreement shall take precedence over and supersede any oral or written agreements (if any) between you and us (including Platform Partners) regarding the same subject matter.
If any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be ineffective without affecting the other provisions of this Agreement which shall remain valid and binding.
You may need to enter into a separate online or offline agreement (each, an “Additional Agreement”) with shailaasha.com and/or its affiliates for any Service. If there is any conflict or inconsistency between the terms of this Agreement and the Additional Agreement, the Additional Agreement shall prevail only with respect to the relevant Service.
The validity, interpretation, modification, implementation and dispute resolution of this Agreement shall be governed by the laws of Hong Kong, without reference to the rules on choice of law or the Convention on Contracts for the International Sale of Goods.
Any and all disputes arising out of or in connection with this Agreement or the existence of the Service shall be settled through friendly negotiations. If no settlement can be reached through negotiations, either you or shailaasha.com may submit the dispute to the Hong Kong International Arbitration Centre (“HKIAC”) for arbitration in accordance with the “HKIAC Administered Arbitration Rules” in effect at the time of submitting the arbitration request to finally resolve the dispute. The number of arbitrators shall be three (3), one (1) arbitrator appointed by each party to the dispute and the third arbitrator appointed by the Hong Kong International Arbitration Centre. The seat of arbitration shall be Hong Kong. The arbitration proceedings shall be conducted in English; the arbitral award shall be final and binding on the parties.
The headings are for convenience only and shall not in any way limit, restrict, interpret or describe the scope or extent of the Terms.
No waiver by us of any breach by you or any other person shall not constitute a waiver of any future or similar breach.