TERMS OF USE

TERMS OF USE (Last updated November 2022)

This website and/or its mobile sites and applications (the “Site”) are owned and operated by Storm Media Limited (the “Company”). These terms of use (“Terms of Use”) apply to your use of this Site. Any purchase of products or services available on this Site is governed by the terms of purchase (“Terms of Purchase”) on the applicable Company’s website, which are incorporated herein by reference. In addition, your use of this Site is governed by the Privacy Notice, which is incorporated herein by reference.

Throughout the Site, the terms “we”, “us” and “our” refer to the Company. The Company offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of these Terms of Use. By continuing to use this Site, you agree to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

PLEASE READ THESE TERMS OF USE, AS WELL AS THE PRIVACY NOTICE AND ANY OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.

Data Integrity

You represent that all information, data and other materials that you provide on this Site or to the Company by any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

Privacy Notice

A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information on this Site is available at: http://www.basiccgoods.com. You consent to any personal information that we obtain about you (whether through this Site, by email, telephone or otherwise) being collected, stored and processed in accordance with the provisions of the Privacy Notice.

License and Site Access

All content available on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, and the selection and arrangement thereof) is the exclusive property of the Company, its licensors or content suppliers, and is protected by copyright, trademark and other applicable laws.

The Company grants you a limited license to access and make personal use of this Site. Unless otherwise indicated, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. The Company or its licensors or content providers retain full and complete ownership of the content available on the Site, including all associated intellectual property rights, and provide such content to you under a license that is revocable at any time in the Company's sole discretion. The Company strictly prohibits any other use of the content available on the Site, including but not limited to:

• any downloading, copying or other use of the Content or the Site for the Company's competitive purposes or for the benefit of another vendor or third party;
• any unauthorized caching, linking to the Site or framing of any Content available on the Site;
• any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of any Content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party), or creating derivative works from such Content, products or services;
  uploading, posting or transmitting any material that contains software viruses or
• any other computer code, files or programs designed to interrupt, destroy or limit the functionality of a computer;
• the use of any hardware or software intended to surreptitiously intercept or otherwise obtain information (such as system data or personal information) from
• the Site (including, but not limited to, the use of any “scraping” or other data mining techniques, robots, or similar data gathering and extraction tools); or
  any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the Company’s infrastructure or that damages or interferes with the proper working of our infrastructure.

You are responsible for obtaining access to the Site, and such access may involve third-party fees (such as Internet service provider or airtime fees). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not circumvent any measures implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any access or use involving in any manner any account you may establish on the Site or any device you may use to access the Site) will terminate the authorization or license granted to you by the Company.

The Company reserves the right to refuse or cancel the registration of any person on this Site, to remove any person from this Site and to prohibit any person from using this Site for any reason, and to limit or terminate your access to or use of the Site at any time without notice. The Company does not warrant that your use of content available on this Site will not infringe the rights of third parties not affiliated with the Company. Termination of your access or use will not waive or affect any other right or remedy that the Company may have at law or in equity.

Content You Submit

This Site may contain links to other websites or resources operated by third parties not affiliated with the Company. These links are provided for your convenience and as an additional means of accessing the information contained therein. We are not responsible for the content, advertising, products, or other materials available on such sites or resources. The inclusion of links to other sites or resources should not be taken as an endorsement of the content of the linked sites or resources. Different terms and conditions and privacy policies may apply to the use of linked sites or resources. The Company is not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with the use of or reliance on any content, products, or services available on or through any such linked site or resource.

You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content.

With respect to any content you submit, post, upload, publish or otherwise make available through the Site (except for personal information, which is treated in accordance with the Privacy Notice), you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works of, and sublicense such content, in whole or in part, in any media. Such content will not be treated as confidential. You hereby represent, warrant and covenant that: (i) any content you provide does not include anything (including, but not limited to, text, images, music or videos) for which you do not have the full right to grant such a license to the Company; and (ii) the Company is free to exercise its rights in and/or implement your content as it chooses, without obtaining any permission or license from any third party and without reference to you or any other person.

Links

This Site may contain links to other websites or resources operated by third parties not affiliated with the Company. These links are provided for your convenience and as an additional means of accessing the information contained therein. We are not responsible for the content, advertising, products, or other materials available on such sites or resources. The inclusion of links to other sites or resources should not be taken as an endorsement of the content of the linked sites or resources. Different terms and conditions and privacy policies may apply to the use of linked sites or resources. The Company is not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, or services available on or through any such linked sites or resources.

DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE TERMS OF SERVICE OR THE TERMS OF PURCHASE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, UNDERTAKINGS OR OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE COMPANY SITES, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. OF EXECUTION OR OF A MODE OF OPERATION.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PORTION THEREOF AT ANY TIME. THE COMPANY DISCLAIMS ANY WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE WILL BE SECURE, THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE FREE OF VIRUSES, OR THAT THE INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY.

IN SOME JURISDICTIONS, THE LAW MAY NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, YOUR COMMUNICATIONS WITH THIRD PARTIES, AND THE PURCHASE AND USE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS PROVIDED TO YOU FREE OF CHARGE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, CONSUMER PROTECTION LAW), NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (THE “COMPANY PARTIES”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE;  (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE COMPANY SITES, INCLUDING ANY DAMAGES OR INJURY RESULTING FROM THE USE OF SUCH PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY); (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED OR OBTAINED THROUGH THE SITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM ANY LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION LINE FAILURE, NETWORK OR SYSTEM FAILURE, LOSS OF PROFITS TO YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER PROPERTY OR BUSINESS LOSS. IMMATERIAL. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE FOREGOING CLAIMS OR DISPUTES WITH THE COMPANY IS TO STOP USING THE SITE.

YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnities

You will indemnify and hold harmless the Company Parties from and against any and all fines, penalties, liabilities, losses, and other damages of any kind (including attorneys’ and expert fees), incurred by the Company Parties and such parties, and will defend the Company Parties and such parties from and against all claims arising from (1) your breach of these Terms and Use; (2) your violation of the Terms of Purchase; (4) your fraud, willful misconduct, or gross negligence; or (5) your violation of any applicable law or the rights of a third party. The Company Parties will control the defense of any claim to which this indemnity may apply, and in any event, you will not settle any claim without the prior written consent of the Company Parties.

Electronic Communications

When you use the Site or send emails to the Company, you are communicating with the Company electronically. You agree to receive all communications relating to your use of the Site electronically. The Company will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company intended to be received by a customer shall be deemed given and effective when sent to the email address you provide on any of the Company Sites.

Messages on the Site

The Site may allow users to post messages on the Site. The Company is not responsible for reviewing any content (including messages) posted on or sent through the Site by users and assumes no responsibility for such content. The Company may, in its sole discretion, monitor, not publish or remove any such content.

Trademarks and Copyrights

The trademarks, logos, and service marks ("Marks") displayed on the Site are the property of the Company, its licensors, content providers, or other parties. Users or any party acting on their behalf are prohibited from using the Marks for any purpose, including, but not limited to, as meta tags on other pages or sites, without the written permission of the Company or such third party that may own the Marks. You may not use frames or any framing techniques or technologies to enclose any Content included in the Site without the express written permission of the Company. Further, you may not use any Content on the Site in meta tags or other "hidden text" techniques or technologies without the express written permission of the Company. All Content (including software) available on or through the Site is protected by copyright, trademark, and other applicable laws.

Intellectual Property Infringement Claims

The Company respects the intellectual property of others, and we ask our users to do the same. You are hereby notified that the Company has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of users of the Website who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company's Copyright Agent with the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and, if available, your email address;
  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

The Company's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

by email:

Copyright Agent

Storm Media Limited

support@basiccgoods.com

The Company may update this contact information from time to time without notice to you. We will post current contact information on this Site.

Survival of Terms After Termination

Notwithstanding any other provision of these Terms of Use or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party shall survive the expiration or termination of these Terms of Use.

Force Majeure

The Company shall be excused from performing these Terms of Use or the Terms of Purchase to the extent that it is prevented or delayed, in whole or in part, by reason of any event or series of events caused by or resulting from (1) weather or other natural elements or acts of God, (2) acts of war, terrorism, insurrection, riots, civil disturbances or rebellions, (3) quarantines or embargoes, (4) strikes, or (5) other causes beyond the reasonable control of the Company.

Risk of Loss

Items purchased from the Site are shipped by a third-party carrier pursuant to a shipping contract. Accordingly, the risk of loss and title for such items pass to you upon delivery to the carrier.

Dispute Resolution

By using the Site in any manner, you unconditionally agree that: (i) any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this Agreement, shall be submitted to and finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules in effect at the time of submission of the Notice of Arbitration; (ii) the law applicable to this arbitration clause shall be the law of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"); (iii) the place of arbitration shall be Hong Kong; (iv) the number of arbitrators shall be one, appointed by the Hong Kong International Arbitration Centre; and (v) the arbitration proceedings shall be conducted in English.

If any provision of these Terms of Use or the Terms of Purchase is found to be invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these Terms of Use or the Terms of Purchase. Section headings are for convenience of reference only and shall not limit the scope or extent of the section in question. These Terms of Use or the Terms of Purchase and the relationship between you and the Company will be governed by the laws of Hong Kong, to the extent that they are not preemptive of or inconsistent with federal laws, without regard to conflict of law provisions. For any action not subject to arbitration, we both agree to submit to the personal jurisdiction of a court located in Hong Kong.

The Company's failure to act with respect to a breach of these Terms of Use or the Terms of Purchase by you or others does not waive its right to act with respect to subsequent or similar breaches. If the content of this Site or your use of it violates the laws of the place where you are when you access it, the Site is not intended for you, and we ask that you do not use it. It is your responsibility to inform yourself of and comply with the laws in your jurisdiction.

The Company does not guarantee that it will take action against all violations of these Terms of Use or the Terms of Purchase. Except as expressly provided in these Terms of Use or the Terms of Purchase, there are no third party beneficiaries to these Terms of Use or the Terms of Purchase.

Changes to these Terms of Use

You acknowledge and agree that the Company may, in its sole discretion, change, add, or remove any portion of these Terms of Use at any time and in any manner by posting revised Terms of Use on the Site. You may not amend or modify these Terms of Use in any way. It is your responsibility to check periodically for changes we make to the Terms of Use. Your continued use of this Site following any changes to the Terms of Use will constitute your acceptance of such changes.

Assignment

You may not assign these Terms of Use or the Terms of Purchase (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of Company, which may be withheld in Company’s sole discretion. Any attempted assignment not in accordance with these Terms of Use or the Terms of Purchase is null and void. Company may assign these Terms of Use or the Terms of Purchase, in whole or in part, to any third party in its sole discretion.

Entire Agreement and Eligibility

These Terms of Use constitute the entire agreement and understanding between you and Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. For the avoidance of doubt, these Terms of Use shall apply only to the extent permitted by law.

In some cases, both these Terms of Use and a separate document providing additional terms may apply to a service or product offered through this Site ("Additional Terms"). In the event of a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control, unless the Additional Terms expressly state otherwise.

A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

If you have any questions or comments about these Terms of Use or this Site, please contact Storm Media Limited's Legal Department by email at support@basiccgoods.com.

Cooperative Property
Storm Media Limited
14/F PEAK CASTLE NO.476 CASTLE PEAK ROAD KL