Terms and Conditions

VAPEGOGO User Service Agreement

1. General Provisions

  1. Parties to the Agreement: This User Service Agreement (hereinafter referred to as the "Agreement") is a legally binding contract between you (hereinafter referred to as the "User") and the operator of the VAPEGOGO platform (hereinafter referred to as "we/us") regarding your use of VAPEGOGO platform services.
  2. Effectiveness of the Agreement: Before using any service of this platform, you must carefully read and fully understand all contents of this Agreement, especially clauses involving your major rights and interests (including but not limited to liability limitation, dispute resolution, etc.). Once you use any service of this platform through registration, login, browsing, placing an order, or any other means, you are deemed to have fully read, understood, and agreed to be bound by this Agreement and the rules and policies publicly released by the platform from time to time.
  3. Amendment to the Agreement: We reserve the right to revise this Agreement and relevant rules from time to time in accordance with updates to laws and regulations or business development needs. The revised content will be publicly notified through platform announcements, in-site notifications, and other methods, and will take effect upon the expiration of the public notice period. If you have objections to the revised content, you shall immediately stop using the platform services; continued use shall be deemed acceptance of the revised clauses.

2. Definitions and Interpretations

  • Platform: Refers to the Internet platform operated by us, which provides users with e-commerce-related services such as e-cigarette product display, transaction matching, payment and settlement, logistics inquiry, and after-sales service, including websites, mobile applications, etc.
  • User: Refers to a natural person (limited to adults aged 18 and above) who meets the requirements of this Agreement, successfully registers, and uses the platform services.
  • Products: Refers to various e-cigarette-related commodities displayed and available for purchase on the platform, including but not limited to disposable e-cigarettes, pods, e-liquids, atomizers, and accessories.
  • Order: Refers to a purchase offer made by a user by selecting products, confirming quantity, price, and delivery information on the platform. An electronic transaction contract is established after the platform confirms and the payment is completed.
  • Rules: Refers to the general term for various rules, norms, announcements, notifications, etc., publicly released, revised, and announced on the platform by us from time to time.

3. User Registration and Account Management

  1. Registration Eligibility: You warrant that you have reached the age of 18 and have full capacity for civil conduct when registering. If you do not meet the age requirement, you shall not use the services of this platform.
  2. Authenticity of Information: During registration and use of services, you shall provide true, accurate, and complete identity information (including name, ID number, contact information, address, etc.) and update and maintain it in a timely manner. You shall bear all losses caused by untrue or outdated information, such as failure to provide services normally or failure to deliver orders.
  3. Account Security: You shall properly keep security information such as account name, password, and verification code, and bear full responsibility for all operations and actions under the account. You shall not disclose account information to others; if you find that your account has been stolen or used abnormally, you shall immediately notify us and take remedial measures. We shall not be liable for account security issues caused by your own negligence, unless the loss is caused by our intentional misconduct or gross negligence.
  4. Restrictions on Account Use: The account is for your personal use only. Without our written consent, you shall not transfer, lend, or gift the account to others. In case of violation of this provision, we reserve the right to take measures such as freezing the account and terminating services, and reserve the right to pursue legal liability.
  5. Account Cancellation: You may apply for account cancellation when the conditions specified in the platform rules are met. After cancellation, the account-related information will be handled in accordance with the requirements of laws and regulations, and you will no longer be able to use the account to access the platform services. The specific cancellation rules shall be subject to the public notice of the platform.

4. Product Purchase and Compliance Statement

  1. Age and Qualification Verification: In accordance with the laws and regulations of Australia and other regions, all nicotine-containing e-cigarette products must be purchased with a prescription or through compliance verification. When placing your first order, you must provide valid age proof (such as a driver's license, passport, etc.) and necessary qualification documents. The goods will be shipped only after we complete the verification.
  2. Establishment and Performance of Orders: After you submit an order and complete the payment, the order is established (pre-ordered products are subject to the agreement). We will prepare and ship the goods in accordance with the order information. In case of special circumstances such as out-of-stock products or incorrect price display, we reserve the right to cancel the order, notify you, and fully refund the paid amount.
  3. Purchase Restrictions: In compliance with Australian regulatory requirements, the quantity of nicotine-containing e-cigarette products you purchase each month will be restricted. The specific restrictions shall be subject to the platform prompts and relevant laws and regulations.
  4. Product Compliance: All products sold on the platform comply with the laws and regulations of the operating regions such as Australia and New Zealand. The flavors and packaging comply with local regulatory requirements (such as only mint, menthol, or tobacco flavors, and plain packaging).

5. User Rights and Obligations

(1) User Rights

  1. The right to browse and search for product information on the platform, and select and purchase compliant products according to personal needs;
  2. The right to receive after-sales services as promised by the platform and raise objections to product quality issues;
  3. The right to participate in legal preferential activities organized by the platform and enjoy the agreed rights and interests;
  4. The right to put forward opinions and suggestions on platform services, and report violations;
  5. Other rights stipulated by laws, regulations, and this Agreement.

(2) User Obligations

  1. Strictly comply with the laws and regulations on e-cigarette products in the region where you are located; shall not resell the purchased products to minors or use them for other illegal purposes;
  2. Comply with this Agreement and all platform rules; shall not use the platform to engage in illegal or irregular activities such as fraud, fake transactions, and order brushing;
  3. Respect the intellectual property rights of the platform and third parties; shall not copy or disseminate product pictures, texts, and other contents on the platform for commercial purposes;
  4. Inspect the product packaging and quantity in a timely manner upon receipt of goods; if there is damage or shortage, you shall reject the goods immediately and contact customer service;
  5. Shall not use platform services to interfere with the normal operation of the platform or damage the legitimate rights and interests of other users or the platform.

6. Platform Rights and Obligations

(1) Platform Rights

  1. The right to review the user's registration information and qualification documents, and refuse to provide services to users who do not meet the requirements;
  2. The right to adjust product categories, prices, and service contents in accordance with regulatory requirements or business needs;
  3. The right to take handling measures such as warning, restricting account functions, banning accounts, and canceling orders against users' violations;
  4. The right to revise and publicly notify this Agreement and platform rules within the scope permitted by laws and regulations.

(2) Platform Obligations

  1. Provide users with safe, stable, and convenient transaction services, and ensure the normal operation of the platform system;
  2. Strictly protect users' personal information, collect, use, and store information in accordance with the provisions of the Privacy Policy, and shall not disclose it to third parties without authorization (except as required by laws and regulations or authorized by users);
  3. Conduct compliance reviews on the products sold on the platform to ensure that the product sources are legal and the quality is qualified;
  4. Provide 24/7 online customer service to promptly respond to users' inquiries, complaints, and after-sales needs;
  5. Handle transaction disputes between users in accordance with the law and protect the legitimate rights and interests of users.

7. Intellectual Property and Content Norms

  1. All intellectual property rights such as trademarks, trade names, product pictures, text descriptions, and design plans on the platform are owned by us or relevant right holders and protected by laws and regulations.
  2. Without the written authorization of us or relevant right holders, users shall not use, modify, or disseminate the above-mentioned intellectual property contents without authorization; otherwise, they shall bear tort liability.
  3. If a user finds that the platform content infringes on intellectual property rights, they may notify us in a timely manner and provide evidence. We will take measures such as deletion and removal from shelves after verification.

8. Limitation of Liability and Exemption

  1. We shall not be liable for compensation for the suspension of platform services, order delays, or failure to perform due to force majeure (such as natural disasters, policy changes), technical failures, third-party service interruptions, or other factors beyond our control; however, we will make every effort to assist users in reducing losses.
  2. We shall not be liable for losses caused to users due to their own operational errors, account information leakage, equipment failures, or other reasons.
  3. We shall not be liable for indirect losses (such as loss of profits, business interruption) incurred by users due to the use of platform products, unless the loss is caused by our intentional misconduct or gross negligence.
  4. If we suffer third-party claims or lawsuits due to the user's violation of this Agreement or laws and regulations, the user shall bear full compensation liability to ensure that we are free from losses.

9. Dispute Resolution and Applicable Law

  1. The formation, performance, interpretation, and dispute resolution of this Agreement shall be governed by the laws of Australia (if the user uses the service in regions such as New Zealand and the United Kingdom, the local laws shall prevail).
  2. Any dispute arising from or in connection with this Agreement shall first be resolved through friendly negotiation between the parties; if negotiation fails, either party may file a lawsuit with the people's court having jurisdiction over the location of our operating entity.
  3. During the dispute resolution period, except for the disputed matters, other clauses of this Agreement shall continue to be performed.

10. Other Provisions

  1. The headings of this Agreement are only for the convenience of reading and shall not affect the interpretation and validity of the clauses.
  2. Matters not covered in this Agreement shall be handled in accordance with relevant laws and regulations and the rules publicly notified by the platform.
  3. If you have any questions about this Agreement, you may contact us through the platform's online customer service or official email.
 
Effective Date: October 31, 2023
 
Operating Entity: VAPEGOGO Operating Company (see platform announcement for specific information)

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