Terms of Service

Effective Date: March 15, 2022

Welcome to hirosarts.com (the "Site").

The website https://hirosarts.com/ ("Website") is owned and operated by Hirosart ("Hirosart", "we" or "us"). These Terms of Service set out the terms between you and Hiros Art under which you may access our Website. These Terms of Service apply to all users of, and visitors to, our Website. Use of our Website includes accessing, browsing, or registering to use our Website. We may revise these Terms of Service at any time by amending this page. We recommend checking this page from time to time to take notice of any changes we made, as they are binding on you.

By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to and use of this Website, to understand our practices regarding any personal data we might collect from you and the cookies we use at the Website and why we use them. Our Privacy Policy is available here. 

USE OF SITE

Hirosart is the owner or the licensee of all intellectual property rights pertaining to the Site, and the materials published on it. Subject to these Terms of Service, Hirosart hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Website and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Hirosart in advance. Any resale of any goods purchased or otherwise obtained via the Website is a violation of this license and hereby prohibited. This includes advertising or resale on third-party sites like eBay, Amazon and Esty. Any breach of these Terms of Service shall result in the immediate revocation of the license granted in this paragraph without notice to you. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website or any portion of it unless expressly permitted by Hirosart in writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by Hirosart in advance. Hirosart reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Hirosart believes that customer conduct violates applicable law or is harmful to Hirosart’s interests. You shall not upload to, distribute, or otherwise publish through this Website any content, information, or other material that (a) violates or infringes the intellectual property rights, copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

NO RELIANCE ON INFORMATION

Content provided on this Website is solely provided for informational purposes. It is your sole responsibility to obtain (health) professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Submissions or opinions expressed on this Website are that of the individual expressing such submission or opinion and may not reflect the opinions of Hirosart. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our site is accurate, complete or up-to-date.

YOUR ACCOUNT AND PASSWORD

Hirosart may assign you a password and account identification to enable you to access and use certain portions of this Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with these Terms of Service, and Hirosart has no obligation to investigate the authorization or source of any such access or use of the Website. Use of a password, coupon code or other access to private information by anyone other than the intended recipient is expressly prohibited. This includes sharing, forwarding or otherwise distributing this information in a public venue. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS WEBSITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Hirosart of any unauthorized use of your password or identification or any other breach or threatened breach of this Website's security.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Except as otherwise provided elsewhere in these Terms of Service or on the Site, anything that you submit or post to the Site and/or provide Hirosart, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary. When you upload or post Submissions to our Website, you agree that all Submissions shall automatically become the sole and exclusive property of Hirosart and shall not be returned to you. By uploading or posting Submissions, you grant to Hirosart a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant Hirosart the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. 

You represent and warrant that you own or otherwise control all of the rights pertaining to the Submissions, reviews, comments and other content that you post on this Site and that use of your Submissions, reviews, comments, or other content by Hirosart will not infringe upon or violate the rights of any third party. You shall be liable to us and shall indemnify us from and against all actions, claims, demands, liabilities, damages, losses, costs, charges and expenses (including, without limitation, consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) that we may suffer or incur in connection with, or arising (directly or indirectly) from, any breach in this respect. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Hirosart or third parties as to the origin of any Submissions or content. We may, but have no obligation to, monitor, edit or remove any Submissions (including comments or reviews that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Use the Site to advertise or offer to sell goods and services.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Engage in unauthorized framing of or linking to the Site.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Attempt to impersonate another user or person or use the username of another user.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Delete the copyright or other proprietary rights notice from any Content.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• [other]

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, Hirosart may, without prior notice to you, immediately terminate all of your rights granted under these Terms of Service. Upon any termination, you shall immediately cease all access to and use of the Website and Hirosart shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part. Any termination shall not affect the respective rights and obligations (including without limitation, payment obligations) that may have arisen before the date of termination.

INDEMNIFICATION

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the website or breach of these Terms of Service. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

INTELLECTUAL PROPERTY

We respect the intellectual property rights of others. All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Hirosart. and is protected by international laws, including laws governing copyrights and trademarks. 

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIROSART SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

CONTACT US

If you have any questions about our Website, please contact us at info@hirosarts.com and/or 30 Tran Huu Duc, Nam Tu Liem District, Hanoi, Vietnam, 10000.