Welcome to www.vistating.com (“Website”). The Website is operated by Guangzi Bodong (“Company”),
1.Privacy
Please review our Privacy Policy to understand our practices regarding your personal information.
2.Electronic Communications
When you use the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3.Copyright
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and software, is the property of the Company or its content suppliers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by international copyright laws.
4.Trademarks
Vistating and other marks indicated on our Website are trademarks or registered trademarks of Vistating E-Commerce LLC or its affiliates. Vistating’s graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Vistating E-Commerce LLC or its affiliates. You may not use any Vistating E-Commerce LLC trademarks or trade dress without our prior written consent, including in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Vistating E-Commerce LLC.
5.License and Site Access
The Company grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with the Company’s express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the Company’s express written consent.
6.Your Account
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. If you are under 18, you may use our services only with the involvement of a parent or guardian. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
7. Reviews, Comments, Communications, and Other Content
Users who visit the Site may post ratings and comments and submit suggestions, ideas, comments, questions or other information, provided that the content is not unlawful, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the Cards or other content. We reserve the right to remove or edit such content, but do not regularly review posted content.
8.Risk of Loss
All items purchased from Vistating are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
9.Product Descriptions
The Company attempts to be as accurate as possible. However, the Company does not warrant that product descriptions or other content on this site are accurate, complete, reliable, current, or error-free. If a product offered by the Company itself is not as described, your sole remedy is to return it in unused condition.
10.Pricing
Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by the Company is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. If the correct price of an item is lower than our stated price, we will charge the lower amount and ship you the item.
11.Other Businesses
Parties other than the Company and its affiliates operate stores, provide services, or sell product lines on this site. For example, businesses and individuals offer products via Marketplace. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals (including the content of their websites). The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
12.Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, contractors, and licensors from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use or misuse of the Website, violation of these Terms, or infringement by you or any third party using your account, of any intellectual property or other right of any person or entity.
13.Applicable Law
By visiting the Website, you agree that the laws of the UAE, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company.
14.Disputes
Any dispute relating in any way to your visit to the Website or to products or services sold or distributed by the Company or through the Website shall be submitted to confidential arbitration in Dubai, UAE, except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any court in the UAE, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the DIFC-LCIA Arbitration Centre. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
15.Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern your visit to the Website. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
16.Suspension, Termination, and Cancellation
The Company may, at its sole discretion and without prior notice, limit, suspend, or terminate your access to the Website and/or your account if it determines that you have violated these Terms or engaged in any fraudulent or illegal activity. The Company also reserves the right to cancel orders or remove content submitted by you if it violates any laws or these Terms. Upon such termination or
suspension, your right to use the Website will immediately cease. Any termination shall not affect the respective rights and obligations of the parties arising before the date of termination.
17.Intellectual Property
Except as explicitly granted in these Terms, all rights, titles, and interests in and to the Website and its content are and will remain the exclusive property of the Company and its licensors. You acknowledge that any information, data, or other content you provide while using the Services will become the property of the Company.
18.Your Obligations
When using or accessing the Services, you agree that you:
– Are responsible for maintaining the confidentiality of your account and password and restricting access to and use of your account and password;
– Agree to immediately notify us of any unauthorized use of your password or account or any other breach of security;
– Will provide true, accurate, current, and complete information about yourself and your use of the Services as required by us;
– Will not disclose to any third party (except as required or requested by us) a user’s information provided to you; and
– Will cooperate with our requests for additional information with respect to your eligibility and usage of our Services.
When using or accessing the Services, you agree that you will not:
– Post, list, or upload any content that is blasphemous, defamatory, obscene, invasive of another’s privacy, hateful, or racially, ethnically objectionable, or otherwise unlawful;
– Post, list, or upload content or items in inappropriate or prohibited categories or areas on our Site;
– Post items you do not have a right to link to or include;
– Post counterfeit or stolen items;
– Breach or circumvent any laws, third party rights, or our systems, policies, or determinations of your account status;
– Use our Services if you are not able to form legally binding contracts, are under 18, or are temporarily or indefinitely suspended from using our Services;
– Manipulate the price of any item;
– Interfere with any other user’s listings;
– Distribute viruses or any other technologies that may harm our Services or the interests or property of other users;
– Harvest or otherwise collect information about users without their consent; or
– Circumvent any technical measures we use to provide the Services.
19.Further Assurances
Each party agrees to perform and execute such further acts, documents, and things as may reasonably be required to give full effect to the provisions of these Terms.
20.Assignment
These Terms will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms or any of your rights or obligations under these Terms, whether directly or indirectly, without first obtaining our prior written consent, which will not be unreasonably withheld.
21.Entire Agreement
These Terms, together with the documents referred to or incorporated herein by reference, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations, and representations, whether written or oral, relating to its subject matter.
22.Amendment
We reserve the right to modify, vary, amend, or supplement these Terms at any time and from time to time. We will post the current version of these Terms on the Website, and each such change will be effective upon posting on the Website or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and acceptance of these Terms as so modified.
23.Severability
If any provision of these Terms is determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be severed from these Terms, and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
24.Force Majeure
Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party, whether or not such acts could have been reasonably foreseen,
including acts of God, legislative, judicial, or regulatory acts of any provincial or federal government, court or regulatory authority, acts of any third party providers of goods or services to us, labor disruptions, blackouts, embargoes.
25.Waiver
Any waiver by us of any of the provisions of these Terms will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
26.Communications
You can reach out to us by visiting the ‘Account’ section and clicking on ‘Need Help?’
27.Survival
All provisions that either expressly or by their nature survive suspension or termination of your membership of the Site will continue in full force and effect.