Legal notice

For the purpose of this Legal Disclaimer, "Topmind.cn", "Topmind", "Website", "we", "us", and "our" refer  as the operator of Topmind.cn, together with its affiliated entities where applicable.

1. Acceptance of Terms

By accessing, browsing, registering for an account, purchasing products, or otherwise using this Website and any products or services provided through it, you acknowledge that you have read, understood, and agreed to be bound by this Legal Disclaimer, the Terms and Conditions, the Privacy Policy, and any other policies published on the Website.

If you do not agree to any part of these terms, you must immediately discontinue use of the Website and its services.

2. Compliance with Applicable Laws

Users are responsible for ensuring that their access to and use of the Website, products, and services comply with all applicable laws, regulations, governmental requirements, and regulatory obligations in their respective countries, states, provinces, territories, or jurisdictions.

Users shall not use the Website or any products or services for any unlawful, fraudulent, misleading, abusive, unauthorized, or prohibited purpose.

3. User Accounts and Submitted Information

Users are solely responsible for ensuring that all information, documents, materials, and content submitted to the Website are accurate, complete, lawful, current, and not misleading.

The Website reserves the right, at its sole discretion, to suspend, restrict, terminate, or refuse any account, order, transaction, or access to the Website where it reasonably believes that a user has engaged in fraudulent conduct, unlawful activities, intellectual property infringement, misuse of the Website, or any activity that may expose the Website, its operators, affiliates, customers, or third parties to legal, financial, operational, or reputational risk.

The Website reserves the right to cooperate with law enforcement authorities, regulatory agencies, governmental authorities, courts, and other competent authorities, and may disclose information where required by applicable law or where reasonably necessary to investigate suspected fraud, unlawful activities, security incidents, violations of this Legal Disclaimer, or to protect the legitimate rights and interests of the Website, its users, or third parties.

4. Website Content and Information

The Website makes reasonable efforts to ensure that information, product descriptions, specifications, images, pricing, technical information, availability, promotional materials, and other content displayed on the Website are accurate and up to date.

However, all content is provided on an "as is" and "as available" basis. The Website does not warrant or guarantee that any content is complete, accurate, reliable, error-free, uninterrupted, secure, current, or suitable for any particular purpose.

Product images, illustrations, and demonstrations are for reference purposes only and actual products may differ.

The Website is an independently operated online platform that provides product information, product sales, customer support, and related services. The Website does not undertake any obligation to continuously monitor, supervise, verify, or review users' activities, intended purposes, or conduct in connection with the use of the Website, except as required by applicable law.

5. Product Availability and Pricing

Product availability, specifications, packaging, pricing, promotions, discounts, and related information may change without prior notice.

The Website reserves the right to correct any typographical, technical, pricing, inventory, or product description errors and may reject, modify, or cancel orders affected by such errors, whether or not payment has already been received.

Any refund, where applicable, arising from such cancellation shall be processed in accordance with applicable laws and the Website's Return and Refund Policy.

Submission of an order does not constitute acceptance of such order by the Website. The Website reserves the right to accept, reject, suspend, modify, or cancel any order at its sole discretion, subject to applicable law.

6. Third-Party Services and Links

The Website may contain links to, integrate with, or rely upon third-party websites, applications, software, payment gateways, logistics providers, communication platforms, cloud services, or other services.

Such third-party services are not owned, operated, or controlled by the Website. The Website makes no representations or warranties regarding such third-party services and shall not be responsible for their availability, legality, content, security, performance, functionality, or reliability.

The Website is under no obligation to verify the legality, licensing status, regulatory compliance, authorization, suitability, or operational status of any third-party devices, software, websites, applications, platforms, systems, or services used by users in connection with the products or services provided through the Website.

7. Product Compatibility and Intended Use

Users are responsible for determining whether any product purchased through the Website is suitable for their intended use and compatible with their devices, systems, equipment, networks, software, or operating environments.

Except as expressly stated by the manufacturer or required by applicable law, the Website does not guarantee compatibility with all devices, systems, operating environments, or third-party products.

8. International Sales and Regulatory Compliance 

The Website may offer products and services for sale in multiple countries and jurisdictions.

Users are solely responsible for determining whether the purchase, importation, exportation, possession, use, resale, transfer, distribution, or operation of any product is lawful in their jurisdiction.

The Website does not represent or warrant that any product complies with all local laws, regulations, certifications, registrations, licensing requirements, labeling requirements, technical standards, customs requirements, or regulatory obligations applicable in every jurisdiction.

Any customs duties, import taxes, value-added taxes, governmental charges, customs clearance fees, permits, certifications, registrations, or compliance obligations shall be borne solely by the customer unless otherwise expressly stated.

9. Export Control, Trade Compliance and Sanctions

The Website reserves the right, at its sole discretion and without liability, to refuse, suspend, restrict, reject, delay, or cancel any order, transaction, account, shipment, service, or access to the Website where it reasonably determines that such activity may violate, or expose the Website or its affiliates to a risk of violating, any applicable export control laws, economic sanctions regulations, customs requirements, trade restrictions, embargoes, anti-boycott laws, import or export licensing requirements, or other applicable laws and regulations.

The Website makes no representation or warranty that any product, software, technology, service, or content made available through the Website may be lawfully imported, exported, possessed, transferred, accessed, or used in every country, territory, or jurisdiction.

10. Intellectual Property Rights

All trademarks, logos, trade names, brand names, product names, graphics, software, content, text, photographs, videos, designs, copyrights, patents, trade secrets, and other intellectual property displayed on the Website are owned by or licensed to their respective lawful owners.

No content from the Website may be copied, reproduced, distributed, modified, reverse engineered, published, sold, licensed, transmitted, or otherwise exploited without prior written authorization from the relevant rights holder.

Any infringement of intellectual property rights by a user may result in suspension or termination of access to the Website and may subject such user to civil, administrative, or criminal liability under applicable law.

11. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Website disclaims all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, uninterrupted operation, availability, security, or accuracy.

Nothing in this clause shall exclude any warranty or guarantee that cannot be excluded under applicable law.

12. Limitation of Liability

To the fullest extent permitted by applicable law, the Website, its affiliates, shareholders, directors, officers, employees, agents, licensors, suppliers, service providers, and business partners shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or economic losses, including loss of profits, loss of revenue, loss of goodwill, loss of business opportunities, loss of anticipated savings, loss of data, or business interruption arising out of or relating to the use of the Website, products, or services.

To the fullest extent permitted by applicable law, the aggregate liability of the Website arising out of or relating to any claim, transaction, product, service, or use of the Website shall not exceed the amount actually paid by the customer for the specific product or service giving rise to the claim.

Nothing in this Legal Disclaimer shall exclude or limit liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or any liability that cannot be excluded or limited under applicable law.

13. Force Majeure

The Website shall not be liable for any delay, interruption, suspension, failure, or inability to perform its obligations resulting from events beyond its reasonable control, including natural disasters, epidemics, pandemics, war, terrorism, labor disputes, transportation disruptions, supply chain shortages, utility failures, telecommunications failures, cyberattacks, governmental actions, regulatory changes, customs restrictions, or other force majeure events.

14. Indemnification

Users agree to defend, indemnify, and hold harmless the Website, its affiliates, shareholders, directors, officers, employees, agents, licensors, suppliers, and service providers from and against any claims, losses, damages, liabilities, fines, penalties, judgments, settlements, costs, and reasonable legal expenses arising from:

a. the user's violation of applicable laws or regulations;

b. the user's breach of this Legal Disclaimer or any Website policy;

c. misuse of products or services;

d. infringement of intellectual property rights or rights of third parties; or

e. fraudulent, unlawful, or unauthorized activities conducted by the user.

15. Privacy and Personal Data

The collection, use, processing, storage, transfer, disclosure, and protection of personal information are governed by the Privacy Policy published on the Website.

By using the Website, users acknowledge and agree to the collection and processing of personal data as described in the applicable Privacy Policy.

16. Consumer Rights

Nothing in this Legal Disclaimer shall exclude, restrict, or limit any rights, remedies, guarantees, warranties, liabilities, or protections that cannot be excluded, restricted, or limited under applicable consumer protection laws, product liability laws, data protection laws, or other mandatory legal requirements.

Where any provision of this Legal Disclaimer conflicts with mandatory provisions of applicable law, such mandatory provisions shall prevail only to the extent of such conflict.

17. Amendments

The Website reserves the right to modify, amend, update, supplement, or replace this Legal Disclaimer at any time.

Any revised version shall become effective upon publication on the Website unless otherwise stated. Continued use of the Website following publication of any amendment constitutes acceptance of the revised Legal Disclaimer.

18. Governing Law and Dispute Resolution

This Legal Disclaimer and any dispute, controversy, claim, or matter arising out of or relating to the Website, its products, services, transactions, content, or this Legal Disclaimer shall be governed by and construed in accordance with the laws of the People's Republic of China, excluding its conflict of laws principles.

Any dispute, controversy, or claim arising out of or relating to this Legal Disclaimer, including its existence, validity, interpretation, performance, breach, or termination, shall first be resolved through friendly negotiation and our official customer service complaint procedure within 30 calendar days before any litigation is filed

Subject to the foregoing negotiation requirement and to the fullest extent permitted by applicable law, any dispute arising out of or relating to this Legal Disclaimer shall be submitted to the exclusive jurisdiction of the competent People's Courof Qiantang District, Hangzhou, the People's Republic of China.

This Disclaimer shall be governed by the substantive laws of the People's Republic of China, excluding its conflict of laws rules. However, if the mandatory laws of the country, state, province, region, or jurisdiction in which the User resides require that any dispute be submitted to the courts or competent authorities of such jurisdiction, such mandatory provisions shall prevail only to the extent required by applicable law.

To the extent any mandatory consumer protection statute applicable to the User within the country, state, province, region or judicial jurisdiction where the User resides conflicts with Chinese law, such mandatory provisions shall apply only to the User’s personal rights claims, and shall not invalidate the jurisdiction clause set forth above.

To the fullest extent permitted by applicable law, no User shall institute any class action, collective litigation or representative proceeding against this Website without the prior written consent of this Website Operator.

19. Severability

If any provision of this Legal Disclaimer is held to be invalid, illegal, unenforceable, or contrary to applicable law by any competent court, tribunal, or authority, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. The remaining provisions of this Legal Disclaimer shall remain in full force and effect.

20. No Waiver 

No failure or delay by the Website in exercising any right, power, privilege, or remedy under this Legal Disclaimer shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, privilege, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, privilege, or remedy.

21. Independent Relationship 

Nothing in this Legal Disclaimer shall be construed as creating any agency, partnership, joint venture, employment, franchise, fiduciary, or other similar relationship between the Website and any user. Neither party shall have any authority to bind or obligate the other in any manner whatsoever.

22. Entire Agreement

This Legal Disclaimer, together with the Terms and Conditions, Privacy Policy, Return and Refund Policy, and any other policies published on the Website from time to time, constitutes the entire agreement between the Website and the user regarding the access to and use of the Website and supersedes all prior or contemporaneous communications, representations, understandings, negotiations, and agreements, whether written or oral, relating to the same subject matter.

23. Contact Information

For questions regarding this Legal Disclaimer, users may contact the Website through the contact information published on Topmind.cn.