Sonkwo Subscriber Agreement
This Sonkwo Subscriber Agreement ("Agreement") is a legal document that explains your rights and obligations as a subscriber of Sonkwo from CE-Asia Hong Kong Ltd, a corporation under the laws of the Hong Kong Special Administrative Region, with its registered office at 39/F Dah Sing Financial Centre, 248 Queen's Road East, Hong Kong ("CE-Asia").
1. REGISTRATION AS A SUBSCRIBER; APPLICATION OF TERMS TO YOU; YOUR ACCOUNT
Sonkwo is an online service offered by CE-Asia.
You become a subscriber of Sonkwo ("Subscriber") by completing the registration of a Sonkwo user account. This Agreement takes effect as soon as you indicate your acceptance of these terms. You may not become a subscriber if you are under the age of 16. Sonkwo is not intended for children under 16 and CE-Asia will not knowingly collect personal information from children under the age of 16.
A. Contracting Party
Your contractual relationship is with CE-Asia for any interaction with Sonkwo. Except as otherwise indicated at the time of the transaction, any transactions for Subscriptions (as defined below) you make on Sonkwo are being made from CE-Asia.
B. Subscriptions; Content and Services
As a Subscriber you may obtain access to certain services, software and content available to Subscribers. The Sonkwo client software and any other software, content, and updates you download or access via Sonkwo, including but not limited to CE-Asia or third-party video games and in-game content, software associated with Merchandise are referred to in this Agreement as "Content and Services;" the rights to access and/or use any Content and Services accessible through Sonkwo are referred to in this Agreement as "Subscriptions."
Each Subscription allows you to access particular Content and Services. Some Subscriptions may impose additional terms specific to that Subscription ("Subscription Terms") (for example, an end user license agreement specific to a particular game, or terms of use specific to a particular product or feature of Sonkwo). Also, additional terms (for example, payment and billing procedures) may be posted on https://www.sonkwo.hk or within the Sonkwo service ("Rules of Use"). Rules of Use include the Sonkwo Online Conduct Rules https://www.sonkwo.hk/conductrules and the Sonkwo Refund Policy https://www.sonkwo.hk/refund. The Subscription Terms, the Rules of Use, and the CE-Asia Privacy Policy (which can be found at https://www.sonkwo.hk/privacy are binding on you once you indicate your acceptance of them or of this Agreement, or otherwise become bound by them as described in Section 8 (Amendments to this Agreement).
C. Your Account
When you complete Sonkwo’s registration process, you create a Sonkwo account ("Account"). Your Account may also include billing information you provide to CE-Asia for the purchase of Subscriptions, Content and Services and any physical goods offered for purchase through Sonkwo (“Merchandise”). You may not reveal, share or otherwise allow others to use your password or Account except as otherwise specifically authorized by CE-Asia. You are responsible for the confidentiality of your login and password and for the security of your computer and mobile system. CE-Asia is not responsible for the use of your password and Account or for all of the communication and activity on Sonkwo that results from use of your login name and password by you, or by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision. Unless it results from CE-Asia’s negligence or fault, CE-Asia is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify CE-Asia via the support form (support@ceasia.hk) without any delay.
Your Account, including any information pertaining to it (e.g. contact information, billing information, Account history and Subscriptions, etc.), is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by this Agreement (including any Subscription Terms or Rules of Use) or as otherwise specifically permitted by CE-Asia.
D. Payment Processing
Payment processing related to Content and Services and/or Merchandise purchased on Sonkwo is performed by CE-Asia Hong Kong Ltd directly. In any case, delivery of Content and Services as well as Merchandise is performed by CE-Asia Hong Kong Ltd.
2. LICENSES
A. General Content and Services License
Sonkwo and your Subscription(s) require the download and installation of Content and Services onto your computer or mobile. CE-Asia hereby grants, and you accept, a non-exclusive license and right, to use the Content and Services for your personal, non-commercial use (except where commercial use is expressly allowed herein or in the applicable Subscription Terms). This license ends upon termination of (a) this Agreement or (b) a Subscription that includes the license. The Content and Services are licensed, not sold. Your license confers no title or ownership in the Content and Services. To make use of the Content and Services, you must have a Sonkwo Account and you may be required to be running the Sonkwo client and maintaining a connection to the Internet.
For reasons that include, without limitation, system security, stability, and multiplayer interoperability, Sonkwo may need to automatically update, pre-load, create new versions of or otherwise enhance the Content and Services and accordingly, the system requirements to use the Content and Services may change over time. You consent to such automatic updating. You understand that this Agreement (including applicable Subscription Terms) does not entitle you to future updates, new versions or other enhancements of the Content and Services associated with a particular Subscription, although CE-Asia may choose to provide such updates, etc. in its sole discretion.
B. Beta Software License
CE-Asia may from time to time make software accessible to you via Sonkwo prior to the general commercial release of such software ("Beta Software"). You are not required to use Beta Software, but if CE-Asia offers it, you may elect to use it under the following terms. Beta Software will be deemed to consist of Content and Services, and each item of Beta Software provided will be deemed a Subscription for such Beta Software, with the following provisions specific to Beta Software:
C. License to Use CE-Asia Developer Tools
Your Subscription(s) may include access to various CE-Asia tools that can be used to create content ("Developer Tools") such as the CE-Asia software development kit (the "SDK"). You may use the Developer Tools, and you may use, reproduce, publish, perform, display and distribute any content you create using the Developer Tools, however you wish, but solely on a non-commercial basis.
If you would like to use the SDK or other CE-Asia Developer Tools for commercial use, please contact CE-Asia at coop@ceasia.cn
D. Ownership of Content and Services
All title, ownership rights and intellectual property rights in and to the Content and Services and any and all copies thereof, are owned by CE-Asia and/or its affiliates’ licensors. All rights are reserved, except as expressly stated herein. The Content and Services are protected by copyright laws, international copyright treaties and conventions and other laws. The Content and Services contain certain licensed materials and CE-Asia’s and its affiliates’ licensors may protect their rights in the event of any violation of this Agreement.
E. Restrictions on Use of Content and Services
You may not use the Content and Services for any purpose other than the permitted access to Sonkwo and your Subscriptions, and to make personal, non-commercial use of your Subscriptions, except as otherwise permitted by this Agreement or applicable Subscription Terms. Except as otherwise permitted under this Agreement (including any Subscription Terms or Rules of Use), or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Content and Services or any software accessed via Sonkwo without the prior consent of CE-Asia.
You are entitled to use the Content and Services for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Content and Services to other parties in any way, nor to rent, lease or license the Content and Services to others without the prior written consent of CE-Asia, except to the extent expressly permitted elsewhere in this Agreement (including any Subscription Terms or Rules of Use); (ii) host or provide matchmaking services for the Content and Services or emulate or redirect the communication protocols used by CE-Asia in any network feature of the Content and Services, through protocol emulation, tunneling, modifying or adding components to the Content and Services, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks, websites or services, without the prior written consent of CE-Asia; or (iii) exploit the Content and Services or any of its parts for any commercial purpose, except as expressly permitted elsewhere in this Agreement (including any Subscription Terms or Rules of Use).
3. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS
All charges incurred on Sonkwo, and all purchases made with the Sonkwo Wallet, are payable in advance, except as described in Sections 3.F and 7 below.
A. Payment Authorization
When you provide payment information to CE-Asia or to one of its payment processors, you represent to CE-Asia that you are the authorized user of the card, PIN, account associated with that payment, and you authorize CE-Asia to charge your credit card or to process your payment with the chosen third-party payment processor for any Subscription, Sonkwo Wallet funds, Merchandise or other fees incurred by you. CE-Asia may require you to provide your address or other information in order to meet its obligations under applicable tax law.
If your use of Sonkwo is subject to any type of use or sales tax, then CE-Asia may also charge you for those taxes, in addition to the Subscription or other fees published in the Rules of Use.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, CE-Asia may terminate your access to your Account.
B. Responsibility for Charges Associated With Your Account
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, CE-Asia reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before CE-Asia will allow you to register again.
C. Sonkwo Wallet
Sonkwo may make available an account balance associated with your Account (the "Sonkwo Wallet"). The Sonkwo Wallet is neither a bank account nor any kind of payment instrument. It functions as a prepaid balance to purchase Content and Services. You may place funds in your Sonkwo Wallet up to a maximum amount determined by CE-Asia, by credit card, prepaid card, promotional code, or any other payment method accepted by Sonkwo.
You will be notified by e-mail of any change to the Sonkwo Wallet balance and usage limits within thirty (30) days before the entry into force of the change. Your continued use of your Sonkwo Account more than thirty (30) days after the entry into force of the changes will constitute your acceptance of the changes. If you don’t agree to the changes, your only remedy is to terminate your Sonkwo Account or to cease use of your Sonkwo Wallet. CE-Asia shall not have any obligation to refund any credits remaining on your Sonkwo Wallet in this case.
You may use Sonkwo Wallet funds to purchase Subscriptions, including by making in-game purchases where Sonkwo Wallet transactions are enabled, and Merchandise. Subject to Section 3.F, funds added to the Sonkwo Wallet are non-refundable and non-transferable. Sonkwo Wallet funds do not constitute a personal property right, have no value outside Sonkwo and can only be used to purchase Subscriptions and related content via Sonkwo (including but not limited to games and other applications offered through the Sonkwo Store, or in a Sonkwo Subscription Marketplace) and Merchandise. Sonkwo Wallet funds have no cash value and are not exchangeable for cash. Sonkwo Wallet funds that are deemed unclaimed property may be turned over to the applicable authority.
D. Free Subscriptions
In some cases, CE-Asia may offer a free Subscription to certain services, software and content. As with all Subscriptions, you are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using Sonkwo, even when CE-Asia offers a free Subscription.
E. Third-Party Sites
Sonkwo may provide links to other third-party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Subscription or other fees that you may pay to CE-Asia. Sonkwo may also provide access to third-party vendors, who provide content, goods and/or services on Sonkwo or the Internet.
Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. CE-Asia makes no representations or warranties, either express or implied, regarding any third party site. In particular, CE-Asia makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.
F. Refunds and Right of Withdrawal
Without prejudice to any statutory rights you may have, you can request a refund for your purchases on Sonkwo in accordance with the terms of CE-Asia’s Refund Policy https://www.sonkwo.hk/refund.
4. ONLINE CONDUCT
Your online conduct and interaction with other Subscribers should be guided by common sense and basic etiquette. They must notably comply with the Sonkwo Online Conduct Rules, to be found at https://www.sonkwo.hk/conductrules. Depending on terms of use imposed by third parties who host particular games or other services, additional requirements may also be provided in the Subscription Terms applicable to a particular Subscription.
5. THIRD-PARTY CONTENT
In regard to all Subscriptions, Content and Services that are not authored by CE-Asia, CE-Asia does not screen such third-party content available on Sonkwo or through other sources. CE-Asia assumes no responsibility or liability for such third party content. Some third-party application software is capable of being used by businesses for business purposes - however, you may only acquire such software via Sonkwo for private personal use.
6. USER GENERATED CONTENT
A. General Provisions
Sonkwo provides interfaces and tools for you to be able to generate content and make it available to other users and/or to CE-Asia at your sole discretion. "User Generated Content" means any content you make available to other users through your use of multi-user features of Sonkwo, or to CE-Asia or its affiliates through your use of the Content and Services or otherwise.
When you upload your content to Sonkwo to make it available to other users and/or to CE-Asia, you grant CE-Asia and its affiliates the worldwide, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, transmit, transcode, translate, broadcast, and otherwise communicate, and publicly display and publicly perform, your User Generated Content, and derivative works of your User Generated Content, for the purpose of the operation, distribution, incorporation as part of and promotion of the Sonkwo service, Sonkwo games or other Sonkwo offerings, including Subscriptions. This license is granted to CE-Asia and its affiliates as the content is uploaded on Sonkwo for the entire duration of the intellectual property rights. It may be terminated if CE-Asia is in breach of the license and has not cured such breach within fourteen (14) working days from receiving notice from you sent to the attention of the CE-Asia Legal Department at the applicable CE-Asia address. The termination of said license does not affect the rights of any sub-licensees pursuant to any sub-license granted by CE-Asia prior to termination of the license. CE-Asia is the sole owner of the derivative works created by CE-Asia from your User Generated Content, and is therefore entitled to grant licenses on these derivative works. If you use CE-Asia cloud storage, you grant us a license to store your information as part of that service. CE-Asia may place limits on the amount of storage you may use.
If you provide CE-Asia with any feedback or suggestions about Sonkwo, the Content and Services, or any CE-Asia products, Merchandise or services, CE-Asia is free to use the feedback or suggestions however it chooses, without any obligation to account to you.
B. Representations and Warranties
You represent and warrant to us that you have sufficient rights in all User Generated Content to grant CE-Asia and other affected parties the licenses described under A. This includes, without limitation, any kind of intellectual property rights or other proprietary or personal rights affected by or included in the User Generated Content.
You furthermore represent and warrant that the User Generated Content, your submission of that Content, and your granting of rights in that Content does not violate any applicable contract, law or regulation.
7. DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEES; LIMITED WARRANTY & AGREEMENT
Prior to acquiring a Subscription, you should consult the product information made available on Sonkwo, including Subscription description, minimum technical requirements, and user reviews.
A. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CE-ASIA AND ITS AFFILIATES AND SERVICE PROVIDERS EXPRESSLY DISCLAIM (I) ANY WARRANTY FOR SONKWO, THE CONTENT AND SERVICES, AND THE SUBSCRIPTIONS, AND MERCHANDISES, AND (II) ANY COMMON LAW DUTIES WITH REGARD TO SONKWO, THE CONTENT AND SERVICES, AND THE SUBSCRIPTIONS, AND MERCHANDISES, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. SONKWO, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THERE IS NO WARRANTY OF TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT, OR AUTHORITY IN CONNECTION WITH SONKWO, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, OR INFORMATION AVAILABLE IN CONNECTION THEREWITH.
B. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CE-ASIA, ITS LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF CE-ASIA’S SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE SONKWO, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE CONTENT AND SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL CE-ASIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH SONKWO, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE CONTENT AND SERVICES, SUBSCRIPTIONS OR ANY INFORMATION, EVEN IN THE EVENT OF CE-ASIA’S OR ITS AFFILIATES’ FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF CE-ASIA’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.
C. NO GUARANTEES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CE-ASIA NOR ITS AFFILIATES GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO SONKWO, THE CONTENT AND SERVICES, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTION(S) OR ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH.
D. LIMITED WARRANTY & AGREEMENT
CERTAIN MERCHANDISE PURCHASED FROM CE-ASIA IS SUBJECT TO A LIMITED WARRANTY & AGREEMENT, [OR DEPENDING ON YOUR LOCATION, A STATUTORY WARRANTY].
8. AMENDMENTS TO THIS AGREEMENT
A. Mutual Amendment
This Agreement may at any time be mutually amended by your explicit consent to changes proposed by CE-Asia.
B. Unilateral Amendment
Furthermore, CE-Asia may amend this Agreement (including any Subscription Terms or Rules of Use) unilaterally at any time in its sole discretion. You can view the Agreement at any time at https://www.sonkwo.hk. Your failure to cancel your Account prior to the effective date of the amendment will constitute your acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease use of the affected Subscription(s). CE-Asia shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall CE-Asia have any obligation to prorate any fees in such circumstances.
9. TERM AND TERMINATION
A. Term
The term of this Agreement (the "Term") commences on the date you first indicate your acceptance of these terms, and will continue in effect until otherwise terminated in accordance with this Agreement.
B. Termination by You
You may cancel your Account at any time. You may cease use of a Subscription at any time or, if you choose, you may request that CE-Asia terminate your access to a Subscription. However, Subscriptions are not transferable, and even if your access to a Subscription for a particular game or application is terminated, the original activation key will not be able to be registered to any other account. Access to Subscriptions purchased as a part of a pack or bundle cannot be terminated individually, termination of access to one game within the bundle will result in termination of access to all games purchased in the pack. Your cancellation of an Account, or your cessation of use of any Subscription or request that access to a Subscription be terminated, will not entitle you to any refund, including of any Subscription fees. CE-Asia reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account or termination of your access to a particular Subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation.
C. Termination by CE-Asia
CE-Asia may cancel your Account or any particular Subscription(s) at any time in the event that (a) CE-Asia ceases providing such Subscriptions to similarly situated Subscribers generally, or (b) you breach any terms of this Agreement (including any Subscription Terms or Rules of Use). In the event that your Account or a particular Subscription is terminated or cancelled by CE-Asia for a violation of this Agreement or improper or illegal activity, no refund, including of any Subscription fees or of any unused funds in your Sonkwo Wallet, will be granted.
D. Survival of Terms
Sections 2.D., 2.E., 3.A., 3.B., and 5 - 12 will survive any expiration or termination of this Agreement.
10. APPLICABLE LAW/MEDIATION/JURISDICTION/ATTORNEYS’ FEES
You and CE-Asia agree that this Agreement shall be deemed to have been made and executed in Hong Kong. This Agreement and any claim, controversy or dispute arising under or related to this Agreement shall be governed by and construed in accordance with the substantive laws of Hong Kong without regard to its internal principles governing conflicts or choice of law. Subject to Section 11 (Dispute Resolution/Binding Arbitration/Class Action Waiver) below, you and CE-Asia agree that any claim asserted in any legal proceeding shall be commenced and maintained exclusively in Hong Kong court. You and CE-Asia hereby consent to the exclusive jurisdiction of such courts. In any dispute arising out of or relating to this Agreement, your use of Sonkwo, your account, or the Content and Services, the prevailing party will be entitled to attorneys’ fees and expenses (except arbitration -- see Section 11.C.)
11. DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER
This Section 11 shall apply to the maximum extent permitted by applicable law.
Most user concerns can be resolved by use of our Sonkwo support site at https://support.sonkwo.hk. If CE-Asia is unable to resolve your concerns and a dispute remains between you and CE-Asia, this Section explains how the parties have agreed to resolve it.
A. Must Arbitrate All Claims Except IP, Unauthorized Use, Piracy, or Theft
YOU AND CE-ASIA AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF SONKWO, YOUR ACCOUNT, MERCHANDISE OR THE CONTENT AND SERVICES. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, AND INCLUDES ALL CLAIMS BROUGHT ON BEHALF OF ANOTHER PARTY.
However, this Section 11 does not apply to the following types of claims or disputes, which you or CE-Asia may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy, or theft.
This Section 11 does not prevent you from bringing your dispute to the attention of any local government agencies that can, if the law allows, seek relief from us for you.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND CE-ASIA ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
B. Try to Resolve Dispute Informally First
You and CE-Asia agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and CE-Asia do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or CE-Asia may commence an arbitration. Written notice to CE-Asia must be sent via postal mail to:
ATTN: Arbitration Notice, CE-Asia Hong Kong Ltd, 39/F Dah Sing Financial Centre, 248 Queen's Road East, Hong Kong.
C. Arbitration Rules
The Hong Kong Arbitration of the International Chamber of Commerce applies to this Section 11 as far as your country’s laws permit. The arbitration will be governed by the Consumer Arbitration Rules (or the Commercial Arbitration Rules, if the Consumer Arbitration rules are inapplicable) of the Hong Kong Arbitration of the International Chamber of Commerce.
12. MISCELLANEOUS
Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement shall be held by an arbitrator, court, or other tribunal of competent jurisdiction to be illegal or unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. This Agreement, including any Subscription Terms, Rules of Use, the CE-Asia Privacy Policy, and the CE-Asia Merchandise Limited Warranty Policy, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
CE-Asia’s obligations are subject to existing laws and legal process and CE-Asia may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
This Agreement was last updated on October 30th, 2020 ("Revision Date"). If you were a Subscriber before the Revision Date, it replaces your existing agreement with CE-Asia or CE-Asia SARL on the day that it becomes effective according to Section 8 above.