Terms of Use

Introduction

Welcome to KactusKutter (the “Service”). These Terms of Use constitute a legal agreement (the “Agreement” or “Terms of Use”) between WALI INNOVATION TECHNOLOGY CO., LIMITED and/or its affiliates (“we” or “us”) and you that governs your use of the Service. By using the Service, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use the Service.

Privacy Policy & Cookies

By using the Service, you represent and warrant that you have read and understood and agree to be bound by our Privacy Policy (the “Privacy Policy”), which is incorporated into this Agreement by reference. As explained more fully in the Privacy Policy, the Service uses Cookies to collect certain information from you. By using the Service and agreeing to these Terms of Use, you consent to our use of Cookies in accordance with the terms of our Privacy Policy.

Eligibility

By accessing and/or using the Service, you represent and warrant that you are at least eighteen (18) years of age, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Service on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.

Purchases & Payments

If you purchase a Product through the Service, you will be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Cards you submit through the Service, and acknowledge and agree that we have the right to charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.

Your Order

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, we will send you an email confirming receipt of your order and containing the details of your order (the "Order Confirmation Email"). The Order Confirmation Email is acknowledgment that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send email confirmation to you that we've dispatched the product to you.

Returns

If you are not fully satisfied with the Products purchased by you on the Service, you may return the Product, in its original packaging, to us for a refund within thirty (30) days of the date of your purchase. You can request and arrange for such a refund by contacting us via the Service.

Third-Party Purchases

At our sole discretion, you may be permitted to purchase certain Products through Third Parties. You understand and agree that these Third Parties are separate entities, and that if you choose to complete any portion of your purchase through these Third Parties, your purchase may be governed by the terms of service, privacy policies, refund policies, and other policies and agreements of such Third Parties. It is up to you to familiarize yourself with the policies and agreements of these Third Parties.

License to Use Website

Subject to your compliance with this Agreement, we grant you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Service for your personal use. This license does not include, and you must not:

• Republish material from the Service (including republication on another service), sell, rent or sub-license material from the Service
• Show any material from the Service in public
• Reproduce, duplicate, copy or otherwise exploit material on the Service for a commercial purpose
• Edit or otherwise modify any material on the Service
• Redistribute material from the Service except for content specifically and expressly made available for redistribution

Unless otherwise stated, we and/or our licensors own the intellectual property rights in the Service and material on the Service, and all rights not expressly granted in this Agreement are reserved by us.

Assumption of Risk; Release

You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify us and our owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, assigns, parents, subsidiaries, and related entities, including WALI INNOVATION TECHNOLOGY CO., LIMITED (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.

User account, Accuracy & Security

User Account

To access and use certain parts of the Service, you may be asked to create a user account ("Account"), and to provide information that personally identifies you. You represent and warrant that all user information you provide in connection with your Account and your use of the Service is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal profile. You agree that you will not submit any fake content (including without limitation any username, likeness, or profile) to willfully and credibly impersonate another person, whether actual or fictitious. If we believe in our sole discretion that the information you provide is not current, complete, or accurate, we have the right to refuse you access to the Service. For additional information, see our Privacy Policy.

Account Security

You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Service. You agree to notify us immediately of any unauthorized use of your Account. We shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.

Prohibited Conduct

We impose certain restrictions on your use of the Service. Any violation of this Section 8 may subject you to civil and/or criminal liability.

You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service without our express written consent.

You must not engage in any of the following conduct on the Service, which is expressly prohibited: (a) providing false, misleading, or inaccurate information to us or any other person in connection with the Service; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (d) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization; (e) interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (f) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (g) creating additional Accounts to promote your (or another's) business, or causing others to do so; or (h) paying anyone for interactions on the Service.

You must not use the Service to transmit or send unsolicited commercial communications.

You must not use the Service for any purposes related to marketing without our express written consent.

User Content

In these Terms of Use, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Service, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the Service that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to the Service, or stored on our servers, or hosted or published upon the Service.

Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the Service.

No Warranties; Limitation of Liability

No Warranties

We, on behalf of ourselves and our licensors and suppliers, expressly disclaim any and all warranties, express or implied, regarding the Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither we nor our licensors or suppliers warrant that the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free. We disclaim all implied liability for damages arising out of the furnishing of the Service pursuant to this Agreement,including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Service, whether caused by acts of commission or omission, or any other damage occurring. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of us, our licensors or suppliers, or our agents or representatives.

Limitation of Liability

Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Service. In no event shall our liability, or the liability of our licensors or suppliers, for any and all claims relating to the use of the Service exceed the total amount of service fees that you paid us during a one-year period for the specific Service at issue. We, our licensors and suppliers, shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Service or for any other claim related in any way to your use or registration with the Service. These exclusions for indirect, special, incidental, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our licensors and suppliers, shall be limited to the extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Service, your violation of these Terms of Use, or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Governing Law & Venue

These Terms of Use shall be construed in accordance with and governed by the laws of the Hong Kong Special Administrative Region, without reference to their rules regarding conflicts of law. You hereby irrevocally consent to the exclusive jurisdiction of the courts in Kowloon, Hong Kong SAR in all disputes arising out of or related to the use of the Service.

Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Modifications

We may, in our sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Service; and (c) discontinue the Service at any time. We shall post any revision to these Terms of Use to the Service, and the revision shall be effective immediately on such posting.You agree to review these Terms of Use and other online policies posted on the Service periodically to be aware of any revisions. You agree that, by continuing to use or access the Service following notice of any revision, you shall abide by any such revision.

Acknowledgement

By using the Service, you acknowledge that you have read these Terms of Use and agree to be bound by them.

Contact

If you have any questions about these Terms of Use, please contact us at:WALI INNOVATION TECHNOLOGY CO., LIMITED704 Prince Edward Road East, RM A07, 1701-02 NEW TREND CENTRE, SAN PO KONG KLN, Kowloon Hong Kong SAR