Terms Of Service
FWENCLUB Terms Of Service
Date of Last Update: 1 December 2022
We are Dong Doi Tung Limited, trading as FWENCLUB ("FWENCLUB” or “we”), a company established under the laws of Hong Kong.
These Terms of Service (“TOS”) apply to any of your use of the services available on this Site, including but not limited to any retail services for any products sold on this Site.We reserve the right to change, modify, suspend, or discontinue any portion of the Services at any time. We also have the right to impose limits on certain features or restrict your access to parts of, or the entire, Services in our sole discretion and without notice or liability.
We reserve the right to refuse to provide you access to the Services or to allow you to open an account on our Site for any reason.
Unless otherwise specified, these TOS constitute the entire agreement between us in relation to its subject matter. No other terms are implied by trade, custom, practice or course of dealing. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these TOS.
DEFINITIONS
“Services” means all services available on the Site, including but not limited to retail sale of products.
“Site” means the website “fwenclub.com” and all its sub-domains and its online application.
“TOS” means these terms and conditions for the provision of Services under this document.
By using the Services, you agree to these terms and conditions. Please read them carefully. If you do not agree with these terms and conditions, please do not register any account nor use any of the Services. All Services provided by us will be subject to these terms and conditions and any other agreements applicable to that Service.
Any communications referred to as “in writing” under these TOS includes email.
1. ACCOUNT REGISTRATION
You will need to register a FWEN ID and/or a Site account to use some of the Services available to you on the Site. In registering a FWEN ID on our Site, you agree to provide information about yourself that is true, accurate, current, and complete in all respects.
Please refer to our Privacy Policy for more information on how we collect, use, transfer and process your personal information. The Privacy Policy also governs your use of the Services.
Digital Wallet. Upon the registering of a FWEN ID or a Site account, You will be prompted to provide us with certain personal information, including your wallet address. We require your wallet address to verify your account and to link your wallet with our Site. By using your digital wallet in connection with our Services, you agree that your use of the digital wallet is governed by the terms and conditions, the privacy policy and all additional terms of the digital wallet service provider that are applicable to you. Your digital wallet is not operated, maintained by, or affiliated with FWENCLUB. You are advised to read the terms and conditions and all applicable terms that govern your use of the digital wallet in connection with our Services before using our Services.
KYC Procedures. We may, at our discretion or otherwise required by any applicable laws (including but not limited to the applicable AML/CTF laws) or upon a request by a competent legal authority, to conduct, either by us directly or an authorised third party service provider, “Know Your Client” checks before you can use our Services or wherever we are legally required to do so. Your use of our Services is subject to our completion of KYC procedures against you and you shall cooperate fully with us or our designated KYC service providers when prompted. You understand that if you fail to provide such KYC documents as requested, you may not be able to register an account on the Site or to use any part of our Services.
Passwords. You are responsible for keeping your account and password secure. If you feel or suspect that the security of your account has been compromised or if there is unauthorised use of your account, please contact us immediately.
By using our Services or communicating with us by email, you agree to receive communications from us electronically, whether by email or by posting notices on the Site and that such electronic communications satisfy all legal requirements that such communications be in writing.
FWENCLUB reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.
2. INTELLECTUAL PROPERTY
All software and content (which is defined as, or includes, any text, audio or music, video, graphics, photographs, digital downloads, compilations, images, all trademarks, service marks, logos, trade and business names, indicia, domain names) are the intellectual property of FWENCLUB or its licensors or content suppliers and are protected by intellectual property laws (including but not limited to trademarks and copyright laws) and international treaty provisions.
Unless otherwise specified, by purchasing any digital collectible from us, you are granted with a worldwide, perpetual, exclusive transferable, royalty-free licence to use and display the digital collectible for so long as you own the digital collectible solely for your own personal, non-commercial use.
Any non-personal and/or commercial use of the graphics, illustrations, and photos is only permitted when expressly authorised by FWENCLUB and/ or its third party licensors in writing. You may not download, copy, distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorization of FWENCLUB. Any such unauthorized actions or any unauthorized data mining, hacking or meta tagging, may result in civil consequences or criminal penalties and any failure to comply with these TOS will automatically terminate any licence granted to you hereunder. All rights not hereby expressly granted to you in these TOS are reserved and retained by us or our licensors and suppliers.
3. THIRD PARTY LINKS
The Site may include links to other websites, resources or software that are not operated or prepared by FWENCLUB. We have no control over such websites, resources and software and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.
FWENCLUB is not responsible for the content or accuracy of any off-site pages, which include but is not limited to advertisers of the Site. Use of these external websites, resources or software will be at your own risk and subject to the terms of use and service contained within each of such websites.
4. ELIGIBILITY
In order to use our Services, you must meet the following eligibility criteria:
a) Authority. You are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms and Conditions;
b) Age. This Site is intended for use by users that are least 18 years old (or the legal age as required in your jurisdiction). By accessing the Site or using our Services, you confirm that you meet this age requirement. If you are under 18 (or the relevant age in your jurisdiction that you are considered a minor), you have received permission from your legal guardian or parent before accessing the Site or using our Services and that you legal guardian or parent shall also agree to these TOS (for themselves and on your behalf) before you access our Site or using any of our Services. If you are a parent or guardian agreeing to the terms for the benefit of a minor, then you agree to, and accept full responsibility for, that minor's use of the Site, including all financial charges and legal liability that he or she may incur;
c) Payment Card. You are a holder of a valid credit/debit card issued by a licensed bank acceptable to FWENCLUB for payment or be in possession of a valid PayPal account;
d) Restricted Countries/ Regions. You may use our Services only as permitted by law, including applicable local laws and regulations. These Terms and Conditions do not grant the right to use our Services to persons and entities that are residents in Cuba, Democratic Republic of Congo, Democratic People’s Republic of North Korea, Iran, Libya, Somalia, South Sudan, Sudan, Yemen or Syria or any other country subject to or any country or region that is subject to the United Nations and in any other country or region that FWENCLUB determines from time to time in its sole discretion; and
e) Restricted Persons. These Terms and Conditions do not grant the right to use our Services to persons that are designated as terrorist or terrorist associates by the Committees of the United Nations Security Council (exhaustive list updated from time to time by the Council is accessible at https://www.sb.gov.hk/eng/special/terrorist/terrorist.html .
5. USE OF OUR SERVICES
In making any transactions on our Site, you authorise FWENCLUB to process a charge or charges on your credit/debit card or PayPal account in the amount of the total purchase price of your order. You also expressly authorise us to use personal information provided by you to perform appropriate know-your-client exercise and anti-fraud checks such as credit checks and also to, where necessary, transmit or obtain information about you to or from third parties including, but not limited to, credit reference or fraud-prevention agencies and other third-parties service providers providing online identity verification services, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.
In addition and without prejudice to our Privacy Policy, you agree to supply to us information including personally identifiable information, images and metadata (collectively, “User Information”) for your cryptocurrency-related transactions (the “Transactions”). Please also refer to our Privacy Policy for further details.
You acknowledge that, despite our safeguards implementation, unauthorized third parties, including hackers, or viruses, worms, or other malware may gain access to, obtain or damage User Information and the results of your know-your-client and identity verification exercises for your Transactions (“Verification Results”), and FWENCLUB is not responsible or liable for such activities. In no event will FWENCLUB be liable for claims, losses or damages arising from a data breach related to User Information, Transactions or Verification Results.
All orders on our Site are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.
You may not purchase products from the Site for reselling purposes or commercial exploitation.
6. SUB-PROCESSORS AND SUB-CONTRACTORS
FWENCLUB uses sub-processors and certain other affiliates, sub-contractors, agents and vendors (including but not limited to data processors) to perform the Service, and you hereby consent to our use of such parties. The rights and obligations of FWENCLUB may be, in whole or in part, exercised or fulfilled by those parties.
7. PRODUCTS AND PRODUCT DESCRIPTION
FWENCLUB will use all reasonable endeavours to ensure that the content and the product descriptions on the Site are as accurate and complete as possible. We however do not warrant that Content and product descriptions are accurate, complete, up to date or error-free.
For physical collectibles, the packaging of the products may vary from that shown on our Site. FWENCLUB reserves the rights to make minor changes to the products:-
to comply with relevant legal and regulatory requirements (such as labelling requirement); and
to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
Our Site also offers users with the option to purchase in-game virtual items, virtual currencies or entitlements (“Virtual Items”) that can be used on our Site. If you elect to make a purchase for such Virtual Items, you shall pay for such Virtual Items in the currency and price as stated on the Site. All prices stated for the Virtual Items excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes and other charges whenever it is applicable. All purchases for Virtual Items are non-refundable and non-exchangeable.
Virtual Items have no monetary value and have no value outside of our Site. They cannot be sold, traded, transferred, redeemed or otherwise exchanged for cash or other goods or services outside of our Site.
8. PRICING
Prices are shown on the Site in Hong Kong Dollars (HKD) or in the designated cryptocurrencies as listed on our Site. Prices displayed on the Site at the time your order is accepted will be honoured except in the case of obvious error. While we make every commercial effort to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any product that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. The price of products shown on this Site does not include delivery charges, which shall be advised to you separately during checkout.
For payments made in fiat, If your credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
For payments made in the designated cryptocurrencies, the accepted cryptocurrency and its real-time price shall be displayed upon checkout. Failure to complete the transaction within the designated timeframe may result in the change in actual purchase price due to fluctuations in cryptocurrency conversion. The cryptocurrency transaction may be handled through a payment gateway designated by us. If we engage the services of a payment gateway service provider, we do not have affiliations with such payment gateway providers, and you acknowledge and agree that your use of such payment gateway is subject to the terms provided by that provider.
The price of the products is exclusive of any exchange rate fees, contributions, applicable taxes or excises (including VAT or sales taxes, if any) under any applicable laws. You shall be liable and shall indemnify us for any taxes payable.
9. PAYMENT
We accept payments made by BTC, ETH, Visa, MasterCard, American Express, Discover and PayPal.
By placing an order using one of the above payment methods, you confirm that the cryptocurrency or credit/debit card(s) or PayPal account used is yours or that you have been authorised by the owner to use it. If your card issuer refuses to authorise payment to FWENCLUB, we will not be liable for any delay or non-delivery of the goods ordered. We reserve the right to conduct additional verification on the source of funds as we reasonably deem fit and appropriate.
Our payment processes meet the stringent international security standards set down by the payment card industry to make your shopping experience safe and secure. If you have registered an account on the Site and have decided to save your details with us, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of gross negligence or wilful default on our part, we will not be liable for any loss you may suffer if any third party procures unauthorised access to any data you provide when using our Services.
No refunds are permitted on successful purchases or transactions, as accepted and confirmed by FWENCLUB in its sole discretion. If you do not pay for the goods or services at checkout, we may suspend provision of the goods and services until you have paid us the outstanding amounts.
10. ACCEPTANCE OF YOUR ORDER
Once you have entered your personal and payment details and placed your order, we shall send you an email acknowledging the receipt of your order, at which point a contract will come into existence between you and FWENCLUB. Your order will be accepted and the contract between you and FWENCLUB will be completed when we send you an email to confirm that the goods have been dispatched to you. Once an order has been accepted, it cannot be modified or cancelled. Please note that our acceptance of your order shall also be conditional upon our satisfaction of your Verification Results.
Notwithstanding the above, FWENCLUB reserves its right not to accept an order for any reason at its sole discretion. Such reasons include, but are not limited to, any one or more of the following:
a) The product you ordered is out of stock;
b) We identify a pricing or product description error. We are unable to obtain authorisation for payment;
c) You do not meet the eligibility criteria to purchase as set out in this TOS;
d) We are unable to verify your identity; or
e) Any other reasons as FWENCLUB reasonably deems fit.
Our Customer Service team will contact you as soon as possible if there are any problems with your order.
11. DRAW
FWENCLUB may organize draws for physical or digital collectibles from time to time. Registration to a draw is limited to one entry per person. Repeated draw entry for the same item is not allowed. Multiple entries under the same name, email address or shipping information will be deemed invalid, and result in entry disqualification.
No cancellations and modifications are accepted once the draw entry is confirmed. Entries are not transferable.
A payment pre-authorization is needed upon draw entry. The payment pre-authorization is to reserve the eligibility to purchase the product. No transaction will be made until the draw is successful.
Successful entrants will receive a notification email confirming the order, with the payment pre-authorization automatically charged. If the payment cannot be completed due to any reasons, the winning chance will be randomly given to a new entrant.
In case of unsuccessful draw, the pre-authorization will be cancelled, with the fund to be released back to the customer automatically. The exact time for refund varies with each financial institution’s policy.
Each draw is subject to additional terms and conditions imposed by FWENCLUB from time to time.
12. SITE ACCEPTABLE USE POLICY
We hereby grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our Site and our content, subject to your full compliance with the following use policy and the acceptance of these terms:
In your access to our Site, you hereby agree not to:
a) copy, modify, alter, adapt, translate, reverse engineer, disassemble, decompile, create derivative works from, or distribute any content from our Services;
b) alter, remove, tamper, copy, display or use our trademarks and all other intellectual property owned by us or any third party for any purpose not explicitly authorized in these T&Cs;
c) engage in spidering or harvesting or participate in the use of software, including spyware, designed to collect or mine data from our Site, including from any user of our Site;
d) transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
e) stalk, harass, threaten or harm any third party;
f) impersonates any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
g) participate in any fraudulent or illegal activity, including but not limited to phishing, money laundering, or fraud;
h) initiate communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material;
i) access our Site to obtain information to build a similar or competitive website, application or otherwise;
j) attempt to circumvent our Site’s fee systems;
k) use our Site to engage in any activities that is, in our sole discretion, deemed inappropriate or is in violation of any applicable laws and regulations; or
l) advocate, encourage or assist any third party in doing any of the foregoing.
Furthermore, you shall not use the Service:
a) to buy, sell or transfer stolen items, fraudulently obtained items, and/or any other illegally obtained items;
b) to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
c) to buy, sell or transfer any content that infringe or violate any patent, trademark, trade secret, copyright or other intellectual property right of another person or entity;
d) to carry out any financial activities that are subject to registration or licensing;
e) to carry out any transactions that is in violation of any applicable laws; or
f) use the Services and the data collected as a result of the use of our Services to conduct any advertising or direct marketing activity.
We may (but are not obligated to) monitor and review your account, content, and conduct when you use our Site. We shall have the right to suspend your access to the Site or to take down your listings if we find your use of the Site is in violation of these T&Cs.
FWENCLUB reserves the right to terminate any account and to take any necessary legal actions as we see fit at our sole discretion. Our failure to enforce this section shall not constitute a waiver of any right to enforce such section in any instance. We may send you an email to inform you of the termination of your account in such an event.
13. MATURE CONTENT
You acknowledge that the Site is intended for mature audiences above 18 years old only. We may from time to time publish mature or adult content, including but not limited to text, images, and videos. However, we will never publish any mature content that are considered pornographic or otherwise in violation of the applicable laws.
14. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove comments or part of the comments that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these T&Cs.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
15. DISCLAIMERS
a) Regulatory disclaimers. In some jurisdictions, and for certain people or entities, there may be restrictions on the sale and purchase of digital collectibles under the applicable regulations and laws. The availability of our Services to you is subject to such restrictions and laws. We reserve the right to restrict your access and use of our Site if any changes in the current regulations and laws renders us unable to provide the Services or access to our Site to you legally.
b) Service downtime. While we strive to make the Services available at all times, you acknowledge that your access and the use of the Site and our Services offered may be suspended for the duration of any planned, unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason including but not limited to system failures and technical interruptions. We have the absolute right, without any liability to you, to suspend your access to the Site or our Service at any time, for all scheduled downtime for the purpose of periodic maintenance or otherwise.
c) Accuracy, Completeness And Timeliness Of Information. We are not responsible if information made available on this Site in the provision of the Services is not accurate, complete, or current. The materials provided to you on this Site via the Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. No information obtained by you from the Site shall create any warranty not expressly stated by us in this TOS. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
d) Third Party Content and Interactions. The Site may contain certain features and functionalities that link to and/or provide you with access to third party content, which is completely not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. Views expressed in any media by the designers, companies or third parties, whose products are sold on the Site or with whom we are associated, are their own. FWENCLUB offers no opinion, endorsement or recommendation over such third party content. Please exercise your own independent judgment before proceeding with any contact or interaction, in connection with the Site or otherwise. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products not offered on the Site should be directed to the third party.
16. ASSUMPTION OF RISKS RELATING TO NON-FUNGIBLE TOKENS
Digital Collectibles are transferable blockchain-based non-fungible tokens that evidence a limited licence to the content. Digital Collectibles are currently available only on the Ethereum Blockchain. You will not be able to transfer your digital collectibles to any digital wallet that is incompatible with the Ethereum Blockchain. In the event that you inadvertently transfer a Digital Collectible to a digital wallet that is not compatible with the Ethereum Blockchain, your Digital Collectible may be lost or destroyed.
The use of our Services shall be entirely at your own risk, and we shall not be held responsible for any liabilities or losses in relation to such risks. You acknowledge and agree that your access and use of our Site and our Services are subject to certain inherent risks which would include but not limited to the following:
a) High Volatility. Prices of NFTs are highly volatile and subjective, they do not have an inherent or intrinsic value. Any future value of a Digital Collectible is based solely on consumer interest and demand for that Digital Collectible and is beyond the control and influence of FWENCLUB. When a market and/or a price exists for such NFTs, those markets, prices are highly volatile and subject to wide fluctuations including but not limited to the price fluctuations to other digital assets, and may result in significant loss over a short period of time, including the loss of investment capital. ;
b) Regulatory uncertainty. New or changes in the regulatory regime in different jurisdictions may materially and adversely affect your use, transfer and the value of the NFTs.
c) Malfunctions and errors. The sale and purchase of NFTs in connection with our Services are supported by one or more smart contracts on the blockchain. Smart contracts may be subject to malfunctions, errors, including but not limited to programming errors, hacking, theft or other technological difficulties which may prevent access to or use of your NFTs.
d) Accidental Transfers. Depositing your NFTs to an incorrect wallet address may result in an unrecoverable loss of your NFTs. In the event of an accidental transfer, please contact us for support. Notwithstanding the foregoing, we provide no guarantee that your NFTs and/or its underlying assets be recoverable.
e) Fraudulent transactions. Transactions on this Site maybe susceptible to mining attacks, hacking, security weakness, fraud, counterfeiting, cyberattacks and other technological difficulties that are beyond our control. The occurrence of such events may result in an irreversible loss of the NFT.
The list of risks as set out above is not intended to be exhaustive. We do not give any investment, tax or legal advice or recommendations regarding the NFTs. You understand and agree that you are solely responsible for determining the potential value, suitability and appropriateness of these risks. Any information regarding the NFTs provided on our Site do not constitute advice or recommendations of any sort and you shall not treat any such content as such. You acknowledge that you should conduct your own due diligence and obtain sufficient independent information to make an informed decision before using our Services.
17. LIMITATION OF LIABILITY
Some events may happen beyond our reasonable control, such as including but not limited to, acts of God, acts or regulations of any government or supra-national authority, war or national emergency, accident, fire, adverse weather or any other uncontrollable events which may result in any delay or failure in our performing our obligations under these TOS or in delivering the products to you. Under such conditions, FWENCLUB will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any such obligations in these TOS.
FWENCLUB only supplies products for domestic and private use. If you use the products for any commercial, business or resale purpose (which is contrary to these TOS), we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL SERVICES AND INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OFFERED OR MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE PROVIDED IN WRITING. FWENCLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY OF THEM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FWENCLUB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OFFERED OR MADE AVAILABLE TO YOU THROUGH THE SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
You acknowledge and agree that we shall, to the extent permitted by law, have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content or the use of any content posted or shared through our Site. We recommend all users of the Site to ensure they have up-to- date software, including anti-virus, installed.
NOTHING IN THESE TOS LIMITS OR EXCLUDES THE LIABILITY OF FWENCLUB FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, FRAUD, FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW. SUBJECT TO THE ABOVE, THE TOTAL LIABILITY OF FWENCLUB FOR ALL LOSSES ARISING UNDER OR IN CONNECTION WITH THE SERVICES OR ANY PRODUCTS PURCHASED ON THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, WILL IN NO CIRCUMSTANCES EXCEEDED THE TOTAL PRICE OF THE RELEVANT PRODUCTS PAID BY YOU.
18. INDEMNITY
At our request, you agree to indemnify us fully and hold us, FWENCLUB (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you. This includes the use of the Site by any other persons using your account caused by your action or inaction.
19. TERMINATION
You have the right to terminate your FWEN ID and/or Site account at any time by cancelling and discontinuing your access to and use of the Service.
In the event of your breach of the TOS or any suspected fraudulent, abusive or illegal activity, we may, without limitation, suspend your FWEN ID and/or Site account and adopt any other action we deem necessary to prevent future breaches, in addition to any other remedies that we may have at law or in equity.
Upon your termination or suspension of your FWEN ID and/or Site account or our discontinuation of our Site or part thereof, you shall no longer have access to the Site and the Services offered by us and your right to access the Site shall cease immediately. You agree that we shall have no obligation to maintain any information in the relevant database or to forward any such information to you or to any third party. Once your FWEN ID and/or Site account has been deleted or deactivated, all Virtual Items in your FWEN ID and/or Site account shall be forfeited and no refund will be made in respect of the same to the fullest extent permitted by law. Your associated wallet(s) or NFT(s) is not affected by the termination or suspension of your FWEN ID.
Notwithstanding the above, all obligations that are accrued prior to the effective date of the termination (including without limitation, all payment obligations) and all remedies for breach of this TOS shall survive and the provisions of this TOS that by their nature are intended to survive termination will survive. For the avoidance of doubt, if we terminate this TOS or suspend or terminate your access to or use of the Site due to your breach of this TOS or any suspected fraudulent, abusive, or illegal activity, then termination of this TOS will be in addition to any other remedies we may have at law or in equity.
20. GOVERNING LAW AND JURISDICTION
This TOS and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong SAR. The courts of Hong Kong shall have exclusive jurisdiction over any dispute or claim relating to the TOS, the Services and the Site.
21. MISCELLANEOUS
If you breach the TOS and we take no action against you, it shall not be deemed a waiver for us to exercise our rights and remedies in any other situation where you breach the TOS and shall in no manner affect our right at a later time to enforce such performance.
The invalidity or unenforceability for any reason of any part of these TOS shall not prejudice or affect the validity or enforceability of the remaining provisions of these TOS.
FWENCLUB shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations in these TOS. You may however only transfer or assign your rights or obligations if FWENCLUB agrees in writing.
The invalidity or unenforceability for any reason of any part of these TOS shall not prejudice or affect the validity or enforceability of the remaining provisions of these TOS.
This TOS is an agreement between you and FWENCLUB only. No other person has any right to enforce any of its terms.
This TOS is drafted in English, and versions in any other language are for reference purposes only. In the event of conflict between the English version and any other translated versions of this TOS, the English version shall prevail.
FWENCLUB reserves the right to make the final decision on all cases on all matters concerning the Services.
22. CHANGES TO THE TOS
You can review the most current version of these T&Cs at any time on this page. We reserve the right to update, change or replace any part of these T&Cs by posting updates and/or changes to our Site from time to time. Any changes to these T&Cs will apply to orders placed or Services used on or after the effective date stated in these T&Cs. It is your responsibility to check this page periodically for changes. Your continued use of our Services or access to the Site following the posting of any changes constitutes acceptance of those changes.
23. CONTACT US
Questions about this TOS should be sent to us at [service@fwenclub.com].
SHIPPING POLICY
Date of Last Update: 1 December 2022
1. SHIPPING, DELIVERY AND COLLECTIONS
Once the order is confirmed, no information or delivery details can be changed. FWENCLUB will send you a delivery notice by email with shipping details to your registered email address. Your products will generally be sent out within 14 working days after your order is placed. (Note: Pre-order items will be sent out after a designated period.) We will try our best to meet these estimates but cannot guarantee delivery times.
Orders will be shipped by third party courier. You may refer to the tracking number from the link in the delivery notification email and check the status of your shipment by visiting the courier service's official website.
Please ensure all delivery information is correct. If there is incorrect and/or missing information, we may be required to contact you to update the delivery information, which may cause delays in delivering your order. Delays may also occur as a result of pending payment verifications or customs clearance. If we are unable to deliver to you because your shipping details are incorrect or out of date, or you refuse to accept delivery of your order, we will consider the order abandoned and we reserve the right to charge for the reasonable expenses incurred due to your refusal to accept delivery.
Products purchased may be subject to customs and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations. Your local customs office may require additional documents and time to clear your package, which may delay the estimated delivery time.Import Taxes & Duties - Import taxes, duties and related customs fees may be charged once the parcel arrives at the destination country. These charges are determined by the customs office of the specific destination and shall be charged on top of our selling price.
Payment of these charges and taxes is the responsibility of the recipient and will not be covered by us here at FWENCLUB. For further details of charges, please contact your local customs office.
Customs & Regulations - You are responsible for checking your local postal regulations for restricted items, as we cannot be held liable for any items that are not accepted into the specific country.
Foreign Transaction Fees - Foreign transaction fees may be charged once your payment transaction has been settled. These fees are determined by your bank's pricing and transaction fee policies. For further details of foreign transaction fees, please contact your bank.
A product will be your responsibility from the time the product is sent out to the registered address. You bear the possible risk of loss upon delivery to your registered address. If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept that the signature of the recipient or collector is evidence of due delivery and fulfilment of your order by FWENCLUB, and you will release us from any and all liability with respect to the due and complete performance of your purchase order of products. You also accept the associated transfer of responsibility (including risk of loss) in the same way.
*An administration fee per contact information or delivery address change will be charged directly.
**For service coverage and the exact terms of conditions of third party courier, please refer to courier service’s official website.
***Please note: Local delivery service is currently only available for addresses within Hong Kong Special Administrative Region (except the districts of Sha Tau Kok, Ta Kwu Ling, Man Kam To, Mai Po, Lok Ma Chau, Lo Wu, Lau Fau Shan, Tai Po Plover Cove (Include Luk Keng), Lung Kwu Tan, Sai Kung Pak Tam Chung (Including Hoi Ha Wan) Clear Water Bay (Po Toi O & Tin Hau Temple), Outlying Islands (excluding Tung Chung, Ma Wan & Discovery Bay) & Container Terminals). Residential addresses in remote areas may incur an extra cost HKD30 and HKD20 respectively. Extra costs may be charged directly by our delivery team in cash at the time of delivery. P.O. Box are not accepted for local or overseas delivery.
FWENCLUB reserves the right to update its shipping policy at its sole discretion without prior notice and changes will be posted on the Site. In the event of any dispute, the decision of FWENCLUB shall be final and conclusive.
2. RETURN & EXCHANGE
In order to provide you with the best possible online shopping experience, FWENCLUB establishes a 7-day return & exchange policy due to product damages and defects. We do not accept any refund requests. You can contact our customer service team within 7 days of delivery with your order number and the evidence of the product damages and defects to request for exchange. Once the exchange is confirmed, we will arrange customers to return the items within a designated period.
All return shipping fees and other miscellaneous fees are the responsibility of the customer. We will not pay for or refund these fees. Return packages are the customer's responsibility until they are received by us. It is recommended that you take necessary precautions by using registered and traceable services when returning your package.
All returning products must be in original condition, with all tags attached, and must be returned in the original undamaged box and/or packaging.
In case of non-functioning NFC tag with the digital ownership unclaimed, you may simply return the NFC tag to us in exchange for a new one. If the product is found defective after the digital ownership is claimed, you can still return the product to us for repair or exchange; meanwhile, the claimed digital ownership has to be transferred back to FWENCLUB for information updates. You will be able to claim back the digital ownership once the repaired/ new item is returned to you.
Note：The special packaging box that is complimentary for purchases of certain amounts is not a sale item, but for product packaging and protection only. Dents or scratches on the packaging box surface caused by delivery are not included in the Exchange & Refund policy. The free special packaging box cannot be exchanged unless it is damaged to the extent that it can no longer protect the product inside.