Terms and Conditions

Terms and Conditions

1. Introduction

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Hochaqua (“we,” “us” or “our”), concerning your access to and use of the www.hochaqua.com website as well as any related applications (the “Site”).

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

2. Intellectual Property Rights

Unless otherwise indicated, the Site and all content and other materials on the Site, including, but not limited to, the Hochaqua logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Hochaqua or its licensors and are protected by copyright, trademark, and other laws.

3. Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site:

In any way that violates any applicable national or international law or regulation.

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

To impersonate or attempt to impersonate Hochaqua, a Hochaqua employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

4. User Content

You are responsible for any content that you post to the Site. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, pornographic, or otherwise violates any laws or regulations.

5. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

6. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Hochaqua, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity, etc.), whether based on warranty, contract, tort (including negligence), strict liability or otherwise, even if Hochaqua has been advised of the possibility of such damages.

7. Indemnification

You agree to indemnify, defend and hold harmless Hochaqua and its affiliates, officers, directors, employees, agents, suppliers and licensors, from and against any and all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

8. Governing Law

These Terms and Conditions and your use of the Site shall be governed by and construed in accordance with the laws of China, without regard to its conflict of law provisions.

9. Dispute Resolution

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and each a “Party”) shall be commenced or prosecuted in the state and federal courts located in  Guangzhou, Guangdong Province, China, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.

10. Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site

Product Enquiry