Terms

The following Terms of Use (“Terms”) govern your use of https://topsmartest.com/, which includes news content, blogs, services, and advertising (collectively, the “Website”). The Website is owned and operated by Gadsbee Limited (“we,” “us,” or “our”). These Terms set forth important details about your relationship with us, including restrictions on how you can use our Website and our liability in the event something goes wrong. These Terms also set out our agreement as to how we will resolve disputes through the use of binding arbitration, and you waive the right to participate in class action litigation.

BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT USE OR ACCESS OUR WEBSITE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE OR THE LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.

1. Privacy Policy Incorporated

We have posted a Privacy Policy, which governs data collection, storage, and use. This Privacy Policy is incorporated into these Terms by reference. We encourage you to review the Privacy Policy.

2. Changes to Our Website

You agree and understand that our Website, including all content and sponsored content, may be modified or discontinued at any time, in our sole discretion, without prior notice. All changes are subject to these Terms.

3. Ownership of Intellectual Property

All text, graphics, interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and content (collectively “Content”) published on the Website are protected by applicable intellectual property laws and are owned or licensed by Gadsbee Limited or its licensors. You may not modify, create derivative works, display, distribute, or exploit, in whole or in part, any of the Content or software contained on, or comprising, our Website without prior written permission from us. You are restricted from using any automated or manual device or process to copy, monitor, index, or data mine the Website. Gadsbee Limited, its respective logos, trade dress, and the graphics and layout of the Website are the registered and/or unregistered service marks, trademarks, and/or trade dress of Gadsbee Limited and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners.

4. License to Use and Copy

We grant you a limited license to make personal use of the content on our Website. This license does not include: (a) any resale or commercial use of content on our Website; (b) the collection and use of any product listings or descriptions on our Website; or (c) use of any data mining, robots, or similar data gathering and extraction methods on our Website.

5. Restrictions on Your Use of Our Website

Without limiting the generality of any other provisions of these Terms, you agree you shall not: (i) download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of our Website or Content; (ii) remove any copyright, trademark, or other proprietary rights notice contained in or on our Website; (iii) use any robot, spider, search application, or other device to retrieve or index any portion of our Website; (iv) transmit or upload to our Website any software or code containing any virus, worm, defect, Trojan horse, software bomb, or other feature designed to damage or degrade the performance of our Website or any computer utilized to access our Website; (v) use our Website to intentionally or unintentionally violate any applicable local, state, national, or international law; or (vi) collect or store personal or non-personal data about others in connection with our Website.

6. DMCA Notice

If you believe that any item or content on our Website infringes your copyright, you should send a written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (DMCA) (as required under 17 U.S.C. §512) by providing the following information:

6.1. A description of the copyrighted work that you claim has been infringed;

6.2. A description of where the alleged infringing material is located on our Website;

6.3. Your name, address, telephone number, and email address;

6.4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6.5. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and

6.6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated copyright agent may be reached at the following address:

Copyright Agent:
Gadsbee Limited
50 Stanley Street, Central, Hong Kong
Suite C, Level 7, World Trust Tower
Attn: Legal Counsel
Email: [email protected]

7. Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE, AND THE CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED ON OR DESCRIBED ON OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION, AND/OR USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE.

WE FURTHER DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE THROUGH OUR WEBSITE IS ACCURATE, COMPLETE, OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM THE USE OR INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF OUR WEBSITE, INCLUDING ITS CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE.

8. Limitation on Liability

IN NO EVENT SHALL WE, OUR AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON OUR WEBSITE. THIS LIMITATION INCLUDES ANY DAMAGES OF ANY NATURE FOR THE DISCLOSURE OR MISUSE OF ANY OF YOUR PERSONAL INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF LEGAL ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ALL EVENTS, OUR TOTAL MAXIMUM LIABILITY SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

9. Disclaimer of Advertisements and Links to Third-Party Websites

We may display advertisements from third parties on our Website. These advertisements may be in the form of sponsored content articles, banners, links, pop-under, or pop-up ads. We are not responsible for the content of such advertisements or links, or for any products, services, or other materials relating to such advertisements or any click-through or linked websites. We are paid only for the display of the advertisement, and the display or link does not represent or imply that we endorse such products, services, or websites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE, INCLUDING COMPENSATORY OR PUNITIVE DAMAGES, OR ANY LOSS ARISING FROM OR RELATING TO SUCH ADS, LINKS, OR WEBSITES.

10. Compliance with Children’s Online Privacy Protection Act (COPPA)

Our Website is not directed at children under 13, and we do not knowingly collect any personal information from children under the age of 13. If we discover that we have collected personal information from a child under 13 without parental consent, we will delete that information as quickly as possible. If you believe we may have collected information from a child under 13, please contact us at [email protected].

11. Class Action Waiver and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS

11.1. ALL DISPUTES BETWEEN YOU AND US RELATING IN ANY WAY TO OUR WEBSITE AND THE PRODUCTS ADVERTISED THEREON (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM ADVERTISING ON OUR WEBSITE, RELATED ADVERTISEMENTS AND DISCLOSURES, EMAIL MESSAGES WE SEND TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR WEBSITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN HONG KONG, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS.

11.2. If you intend to seek arbitration, you must first send to us, by certified mail, a written Notice of Dispute (“Notice”). The Notice must be mailed to:

Gadsbee Limited
50 Stanley Street, Central, Hong Kong
Suite C, Level 7, World Trust Tower
Attn: Legal Counsel

11.3. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.

11.4. All arbitrations required by these Terms will be conducted under the rules of the Hong Kong International Arbitration Centre (HKIAC). The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under these Terms may be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Unless we and you agree otherwise, the arbitrator may not consolidate your claim with any other claim and may not otherwise preside over any form of a representative, private attorney general, or class proceeding.

11.5. If your claim is for HKD 80,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance-based telephonic hearing, or by an in-person hearing as established by the HKIAC Rules. Any in-person arbitration hearings will take place at a location to be agreed upon by us in Hong Kong. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

11.6. TO THE EXTENT PERMITTED BY LAW, YOU AGREE NOT TO ACT AS A CLASS REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION AGAINST US IN ANY COURT WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO US OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION ORDERS MADE FROM OUR WEBSITE, OUR ADVERTISEMENTS AND DISCLOSURES, EMAILS, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH OUR WEBSITE, THESE TERMS, OR YOUR STATUS AS A USER OF OUR PRODUCTS OR SERVICES. THIS SECTION WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND US.

12. Applicable Law

By visiting our Website, you agree that these Terms and any dispute of any sort that might arise between you and us shall be governed by and construed in accordance with the laws of Hong Kong, without regard to principles of conflict of laws.

13. General Terms

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms. These Terms constitute the entire agreement between us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable, or sublicensable by you, except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate by reference the posted Privacy Policy on our Website.

14. California Consumer Privacy Act (CCPA) Compliance

For information regarding the rights of California residents under the CCPA, including the right to access, delete, and opt out of the sale of personal data, please refer to our CCPA Compliance Page.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Email: [email protected]

Address:
Gadsbee Limited
50 Stanley Street, Central, Hong Kong
Suite C, Level 7, World Trust Tower
Attn: Legal Counsel

Effective Date: July 21, 2024