3. PRIVACY POLICY

We respect your right to privacy. To fully understand how we collect and use your personal information, please see our Privacy Policy. These Terms incorporate the Privacy Policy by reference as those the Privacy Policy is fully set forth in these Terms.

4. ERRORS

While we strive to provide accurate information on the Site, errors may occur. In the event that information is inaccurate, misleading, or incorrect we may, at our discretion, update, correct, or delete the information at our discretion.

5. INTELLECTUAL PROPERTY AND OWNERSHIP

5.1 Content. The Site, including all of their information and content, such as the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, “Content” provided by and with the Site belong at all times to MACAUB or to those who grant MACAUB the license for their use and is protected by the copyright laws in the jurisdiction where you reside and international copyright laws. You may use the Content only to the extent that we or the usage licensers authorize expressly..

5.2 MACAUB Marks. In addition, the “MACAUB” trademarks, service marks, icons, graphics, wordmarks, designs and logos contained therein (“Marks” ), are owned by VT Cosmetic co., LTD. (and in some cases are provided to regional affiliated entities for their use or owned by such regional affiliated entities). “MACAUB” and the Marks of MACAUB are trademarks in the United States, the European Union, and other countries for which applications are pending or registrations have issued. You do not have, and will not acquire, any right, title, or interest in or to any of the Marks. The MACAUB Marks may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that discourages or discredits the Company. The Marks, whether appearing as a logo or text on any portion of the Site, are not a representation that VT Cosmetic co., LTD. is the owner of any copyright or other intellectual property rights in the products or services displayed on the Site.

5.3 Rights Reserved. Content on the Site is provided to you as is for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company or the respective owners or licensors. We reserve all rights not expressly granted in and to the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services, provided by you to us are non-confidential and shall become the sole property of the Company.

You agree not to engage in the use, copying, or distribution of or create derivative works from any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

6. THIRD PARTY LINKS AND RESOURCES

Our Site may contain links to third-party sites that are not owned or controlled by us. References on our Site to any names, marks, products or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.

We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile app platform with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.

7. EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ( “Force Majeure” ). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

• Strike, lockout or other forms of protest.
• Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic or any other natural disaster.
• Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfil our obligations under the Terms despite the Force Majeure.

8. LIMITATION OF LIABILITY

8.1 PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF MACAUB TO YOU. YOU HEREBY AGREE THAT:

BY USING THE SITE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING THE SITE ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL DEFAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
MACAUB MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (A) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SITE; OR (B) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO CEASE USE OF THE SITE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

8.2 For residents of the European Union, the United Kingdom, Switzerland, and any other country in the European Economic Area, please read the following items carefully:

Notwithstanding anything to the contrary in the foregoing,

• your claim(s) for damages are excluded, except for such claims for damages arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) and except for liability for other damages based on an intentional or grossly negligent breach of duty by the Company, its legal representatives, employees or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
• In the event of a breach of material contractual obligations, the Company shall only be liable for the foreseeable damage typical for the type of contract if such damage was caused by simple negligence, unless the damage claims are based on injury to life, body or health.
• The limitations of liability shall also apply in favor of the legal representatives, employees and vicarious agents of the Company if claims are asserted directly against them.
• Any applicable mandatory statutory provisions remain unaffected.

9. LEGAL DISPUTES AND ARBITRATION AGREEMENT

FOR USERS IN THE UNITED STATES

LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES

9.1 US residents should Read the Following Clauses Carefully: It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

9.1.1 Initial Dispute Resolution. We are available by email at cs@macaub.com to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

9.1.2 Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms (including their formation, performance and breach), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.

You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.

9.1.3 Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes.

9.1.4 Exception – Small Claims Court Claims. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

9.1.5 California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

9.1.6 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at cs@macaub.com. The notice must be sent within thirty (30) days of your agreement to the Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, we also will not be bound by them.

9.1.7 Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree that any litigation between you and us shall be filed exclusively in state or federal courts located in California (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in California for any litigation other than small claims court actions. In the event of litigation relating to the Terms or the Services, you and we agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

FOR USERS OUTSIDE THE UNITED STATES

9.2 Please Read the Following Clauses Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit

9.2.1 The Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation or the use of the Services shall be governed by and construed in accordance with the laws of China without regard to its conflict of law provisions.

9.2.2 Any dispute arising out of or in connection with this agreement and the use of the Services, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be Chinese.

9.2.3 Nothing in this Section 9.2 shall affect the statutory rights you as a consumer have, as recognized in any applicable legislation in this area.

9.2.4 Initial Dispute Resolution. We are available by email at legal@shein.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

9.2.5 Waiver of class or consolidated actions. All claims and disputes must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

10. LEGAL TERMS

10.1 Assignment. You may not assign or transfer these Terms (or any of your rights or obligations under these Terms) without MACAUB’s prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer the Terms. The Terms inure to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

10.2 Entire Agreement; No Waiver. These Terms, together with our Privacy Policy, and any other legal notices published on the Site, shall constitute the entire agreement between you and us concerning the Site, and supersedes all prior terms, agreements, discussions and writings regarding the Site. If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.

10.3 Indemnification. You agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Site; (2) your conduct or interactions with other users of the Site; (3) your breach of these Terms. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

10.4 Interpretation. In construing or interpreting the Terms, headings are for convenience only, and not to be considered.

10.5 Applicable Law. Your use of our Site shall be governed by the law of China. Notwithstanding the foregoing, if you are a resident of the United States, your use of our Site shall be governed by the laws of the United States

11. COPYRIGHT INFRINGEMENT

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by the Company violates your copyright, you are encouraged to notify us in accordance with the applicable laws, including Digital Millennium Copyright Act. To do so, please send an email to cs@macaub.com and include the following:

identify the copyrighted work that you claim has been infringed along with any copyright registration;
identify the material or link on our Site that you claim is infringing your copyrighted work;
provide your full legal name, company affiliation, mailing address, telephone number, and email address; and
include in the body of your notice the following statement, followed by your electronic or physical signature: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

12. CONTACT US

We welcome your questions and comments about our privacy practices or these Terms. You may contact us anytime via email at cs@macaub.com