Terms of service
1. Introduction
This Terms of Use (hereinafter the "Agreement") is an agreement between you (hereinafter "you" or "user") and SHENZHEN WEIKING TECHNOLOGY CO., LTD. and its affiliates (collectively, “W-KING”, “we”, “us” and “our”) . The Agreement is applicable to all the users or browsers accessing W-KING’s websites or applications that reference or link to this Agreement. Before creating an account on W-KING’s websites or applications or using W-KING’s Services, you should carefully read and fully understand all the terms and conditions of this Agreement, especially those regarding service fees, applicable laws, dispute resolution, the exemption of W-KING from liabilities or restrictions to its liabilities, and your rights and obligations. Those terms and conditions are highlighted in bold for your convenience.
By clicking "Agree" on the relevant web page/applications and/or creating and using an user account (hereinafter "Account"), you are regarded as having read, understood, and agreed to this Agreement and to be bound by its terms. If you do not agree to this Agreement, you have the right to exit and cease using W-KING’s Services.
2. User account, Accuracy & Security
2.1 Creating an Account
When you access and use certain parts of W-KING’s websites or applications, including but not limited to w-kingaudio.com, W-KING App and devices, (collectively, "W-KING’s Services"), you may be asked to create a user account and to provide information that personally identifies you.
After successfully creating your account, you can use it to log in to various W-KING’s websites or applications without needing to create an account again.
2.2 Information Accuracy
For the information you provided, we will only process that information for the purposes of verification of your identity, we will not process that information for unrelated purposes. You represent and warrant that all user information you provide in connection with your Account and your use of W-KING’s Services 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 W-KING’s Services. For additional information, see our Privacy Notice.
2.3 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 W-KING’s Services. 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.
3. Privacy Notice & Cookies
By using W-KING’s Services, you represent and warrant that you have read and understood and agree to be bound by our Privacy Notice (the “Privacy Notice”).
As explained more fully in the Privacy Notice, W-KING’s websites uses Cookies to collect certain information from you. Before using W-KING’s websites, please carefully read and fully understand our Cookie Notice.
4. Eligibility
By accessing and/or using W-KING’s Services, 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 W-KING's Services 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.
5. Purchases & Payments
If you purchase a Product through W-KING’s websites or applications, 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 W-KING’s websites or applications, 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 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.
If you are not fully satisfied with the Products purchased by you on W-KING’s websites or applications, 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 support@w-king.com. After the 30-day refund window has expired, your only recourse regarding the Products is through our warranty.
At our sole discretion, you may be permitted to purchase certain Products through Amazon.com (“Amazon”), or by using the payment processing services of PayPal.com (“PayPal”). You understand and agree that Amazon and Paypal are Third Parties, as that term is defined below, 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
6. License to Use Service
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 W-KING’s Services for your personal use.
This license does not include, and you must not:
- Republish material from W-KING’s Services (including republication on another service), sell, rent or sub-license material from W-KING’s Services
- Show any material from W-KING’s Services in public
- Reproduce, duplicate, copy or otherwise exploit material on W-KING’s Services for a commercial purpose
- Edit or otherwise modify any material on W-KING’s Services
- Redistribute material from W-KING’s Services except for content specifically and expressly made available for redistribution
Unless otherwise stated, we and/or our licensors own the intellectual property rights in W-KING’s Services and material on W-KING’s Services, and all rights not expressly granted in this Agreement are reserved by us.
7. Assumption of Risk; Release
You knowingly and freely assume all risk when using W-KING’s Services. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify W-KING and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, assigns, parents, subsidiaries, and related entities, including but not limited to SHENZHEN WEIKING TECHNOLOGY CO., LTD. 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 third parties, that may result from your use of W-KING's Services.
8. Intellectual Property
You represent and warrant that, when using W-KING’s Services, you will obey all applicable laws and respect the intellectual property rights of others. Your use of W-KING’s Services is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
8.1 Trademarks
W-KING and the related logos (collectively, the "Marks") are trademarks or registered trademarks of SHENZHEN WEIKING TECHNOLOGY CO., LTD., and used by us with permission. Other trademarks, Service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with W-KING’s Services may be the trademarks of third parties. Neither your use of W-KING’s Services nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Marks or any third-party trademarks, Service marks, graphics, logos, or domain names. You agree that any goodwill in the Marks generated as a result of your use of W-KING’s Services will inure to the benefit of W-KING Companies, and you agree to assign, and do assign, all such goodwill to W-KING Companies. You shall not at any time, nor shall you assist others to, challenge W-KING Companies’ right, title, or interest in, or the validity of, the Marks.
8.2 Copyrights
8.2.1 All content and other materials available through W-KING’s Services, including without limitation logos, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by W-KING Companies or are the property of our licensors and suppliers. Except as explicitly provided, neither your use of W-KING’s Services nor this Agreement grant you any right, title, or interest in any such materials.
8.2.2 Reporting Claims of copyright infringment
If you believe that one of our users is, through the use of our App or Services, unlawfully infringing on your copyright by submitting unauthorized material, and wish to have the allegedly infringing or unauthorized material removed, you may request removal of those materials by:
(a) submitting written notification to our designated Agent (designated below) at the address listed below; or
(b) Submit the written notification to designated Agent via E-mail. When you send the E-mail, it should include all of the required information described below.