Terms Of Service – msrvdfs.com

1 Acceptance of Terms

By accessing, browsing, or using msrvdfs.com (the “Website”) and the products, services, and features offered through the Website (collectively, the “Services”) provided by COMMERCE FLOW LIMITED (the “Company”), you (the “User”) acknowledge that you have read, understood, and fully agreed to be bound by these Terms of Service (the “Terms”). These Terms constitute a legally binding contract between the User and the Company. If the User does not agree to any provision of these Terms, the User must immediately cease accessing or using the Website and the Services. The Company reserves the right to modify these Terms at any time without prior notice. Modified Terms will be posted on the Website with an updated “Last Revised” date, and the User’s continued use of the Website or Services after such posting will be deemed acceptance of the modified Terms.

2 Eligibility and Account Registration

To use certain Services (such as placing orders, tracking shipments, or accessing personalized content), the User must register for an account on the Website (the “Account”). The User warrants that they are at least 18 years of age or have obtained legal guardian consent if under 18, and possess the legal capacity to enter into these Terms. During registration, the User must provide accurate, complete, and current information (including full name, valid email address, contact phone number, and shipping address) and update such information promptly if any changes occur. The User is solely responsible for maintaining the confidentiality of the Account’s username and password, and for all activities conducted under the Account. The User must immediately notify the Company via [email protected] if any unauthorized use of the Account is detected or if the Account’s security is compromised. The Company shall not be liable for any loss or damage arising from the User’s failure to safeguard the Account or report unauthorized use.

3 Use of the Website and Services

The User is granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and Services for personal, non-commercial purposes only, in accordance with these Terms. The User shall not:

access or attempt to access the Company’s server systems, databases, or any other restricted parts of the Website without prior written authorization;
modify, copy, reproduce, distribute, transmit, display, perform, sell, license, or create derivative works from any content on the Website (including product descriptions, images, logos, and text) without the Company’s explicit written permission;
use any automated tools (such as bots, crawlers, or scrapers) to access, collect, or extract data from the Website, unless such tools are approved in writing by the Company;
upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, vulgar, invasive of privacy, or infringing of intellectual property rights;
interfere with or disrupt the operation of the Website, including by overloading the Website’s servers, transmitting malicious code, or engaging in denial-of-service attacks;
use the Website or Services to engage in fraudulent activities, such as placing orders with false information, using stolen payment methods, or reselling products for commercial gain without the Company’s consent.

4 Order Processing and Contract Formation

When the User places an order for products on the Website (the “Order”), the User is making an offer to purchase the specified products in accordance with these Terms. The Company reserves the right to accept or reject any Order in its sole discretion, including but not limited to cases where:

product information (such as price, description, or availability) contains errors;
the User provides incomplete or inaccurate Order information;
the requested products are out of stock or unavailable;
the Company suspects fraudulent activity associated with the Order. A binding contract between the User and the Company will be formed only when the Company sends an email confirming the acceptance of the Order (the “Order Confirmation”).

The Order Confirmation will include details such as the Order number, product names, quantities, prices, shipping address, and estimated delivery time. The User must review the Order Confirmation promptly and notify the Company within 24 hours of receipt if any discrepancies are found; failure to do so will be deemed acceptance of the Order Confirmation details.

5 Intellectual Property Rights

All intellectual property rights in and to the Website and its content (including but not limited to trademarks, logos, copyrights, patents, and trade secrets) are owned by the Company or its licensors. The Company’s trademarks (such as “COMMERCE FLOW LIMITED” and any associated logos) may not be used in connection with any product or service that is not provided by the Company, or in any manner that is likely to cause confusion among consumers, without the Company’s prior written consent. The User acknowledges that no ownership rights in the Website or its content are transferred to the User by virtue of accessing or using the Website or Services.

6 Disclaimer of Warranties

The Website and Services are provided on an “as is” and “as available” basis. The Company makes no warranties, express or implied, including but not limited to:

warranties of merchantability or fitness for a particular purpose (i.e., the Website or Services will meet the User’s specific needs or be suitable for a particular use);
warranties that the Website or Services will be uninterrupted, error-free, or free from viruses or other harmful components;
warranties regarding the accuracy, completeness, reliability, or timeliness of the Website’s content (including product descriptions, prices, and availability).

The Company does not warrant that products purchased through the Website will match sample images exactly, as minor variations in color, size, or design may occur due to manufacturing processes or display settings.

7 Limitation of Liability

To the maximum extent permitted by applicable law, the Company shall not be liable to the User for any indirect, incidental, consequential, special, or punitive damages (including but not limited to loss of profits, loss of data, loss of business opportunities, or emotional distress) arising from or in connection with the use of the Website or Services, even if the Company has been advised of the possibility of such damages. The Company’s total liability to the User for any direct damages (such as damages resulting from defective products or delayed shipments) shall not exceed the total amount paid by the User for the specific Order giving rise to the claim. This limitation of liability shall apply regardless of the legal theory under which the claim is brought (including contract, tort, negligence, or strict liability).

8 Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong , excluding its conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or the Services shall first be resolved through good-faith negotiation between the User and the Company. If the dispute cannot be resolved through negotiation within 30 days of the User’s written notice of the dispute, either party may submit the dispute to arbitration in Hong Kong. The arbitration shall be conducted in English, and the award of the arbitral tribunal shall be final and binding on both parties.

9 Termination

The Company may terminate or suspend the User’s access to the Website or Services at any time, without prior notice, if the User breaches any provision of these Terms, engages in fraudulent or unlawful activity, or if the Company determines that such termination or suspension is necessary to protect the Company’s interests or comply with applicable laws. Upon termination, the User’s right to access and use the Website and Services shall immediately cease, and the User shall remain liable for any obligations incurred prior to termination (including payment for orders placed). The provisions of these Terms that by their nature should survive termination (such as intellectual property rights, disclaimer of warranties, limitation of liability, and dispute resolution) shall continue to apply.

10 Miscellaneous

These Terms constitute the entire agreement between the User and the Company with respect to the use of the Website and Services, and supersede all prior or contemporaneous agreements, understandings, or communications (whether oral or written) on the subject matter. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The Company’s failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or the Company’s right to enforce it in the future. The User may not assign these Terms or any of their rights or obligations under these Terms without the Company’s prior written consent; the Company may assign these Terms without the User’s consent.