Last Updated: March 14, 2023
Effective date: March 14, 2023
Welcome to Motion Space!
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Acceptance of this Agreement
- By signing in the Motion Space and its Service, you agree to comply with and be bound by this Agreement. If you do not agree to this Agreement, you may not access or use Motion Space and its Service.
- To improve your user experience or enhance product safety performance, we will continue to work hard to develop new features and provide you in a timely manner with website updates (including but not limited to website version upgrades, modifications, and functional perfection) or repairs. Motion Space may reserve the right to modify this Agreement as necessary in accordance with applicable laws and regulations. The updated Agreement will shall supersede the original Agreement and shall come into effect after the expiration of the period stipulated by applicable law. If there is no special provision in applicable laws, the Agreement shall become effective on the date of renewal. The updated Agreement will be announced on the corresponding official website of Motion Space for your reference at any time. If you continue to access or use Motion Space and its Service, you will be deemed as you have read and agreed to be bound by the updated Agreement. If you do not accept the updated Agreement, please stop using Motion Space or Service.
- You must be at least 18 years of age (or the age considered as an "adult" in the jurisdiction where you use our service) to create an account on Motion Space and use the Service. If you are under the age of 18, you are not allowed to use Motion Space and its Service or provide us with any personally identifiable information.
- By creating a Motion Space account and using the Service, you represent and warrant that: (1) you can legally enter into a binding contract under the laws of your home country; (2) you are legally permitted to use Motion Space by the laws of your home country; (3) you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
Your Motion Space Account
- You fully understand and agree that, if you register an account when using Motion Space, you will be responsible for keeping the security of the registered account information and account password properly, and you will be solely responsible for all activities and acts that occur under the account you registered with Motion Space.
- You are NOT ALLOWED to use another person’s account or to share your account with any other person without permission. If you think someone has gained access to your account, please immediately contact us.
- If Motion Space finds or receives a report from others that you have failed to comply with any of terms of this Agreement, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations, Motion Space shall have the right at any time without notice to disable your user account at any time, to suspend or terminate your use of the corresponding Motion Space account or all of the Service and to investigate legal responsibility and take other measures.
- You can delete your Motion Space account if you would like to stop using our service. You can submit a request for us to close your Motion Space account and delete your personal information. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
Permitted License Uses
Subject to the terms and conditions of this Agreement, Motion Space grants you a non-exclusive, non-sublicensable, personal, revocable, limited license to access and use Motion Space and its Service. You may use Motion Space and enjoy its Service for non-commercial purposes.
Intellectual Property; Ownership
Motion Space reserves the intellectual property rights to this website and Service and all related information content (including but not limited to UI interface design, pictures, fonts, audio, etc.) and all rights not expressly granted to you. The above intellectual property rights, including but not limited to copyright, trademark and patent rights, are protected by applicable intellectual property rights, anti-unfair competition and other respective laws, regulations and relevant international treaties. For matters not expressly authorized in this Agreement, such as commercial sales, reproduction, and permission for any third party to use Motion Space, you should separately obtain formal written permission from Motion Space.
User Comments, Feedback, and other Submissions
If, at our request, you send certain specific submissions (for example contest entries) 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 content 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. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous 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.
Restrictions on Motion Space
You are forbidden from using the website or its content in addition to other restrictions outlined in the Terms of Service:
- for any unlawful purpose.
- to solicit others to perform or take part in any unlawful activities.
- to violate any applicable international, national, provincial, state, or local ordinance.
- to violate or infringe upon our intellectual property rights or the rights of others' intellectual property.
- to discriminate against someone based on their gender, sexual orientation, religion, ethnicity, race, age, national origin, or handicap; or to harass, abuse, insult, hurt, defame, slander, disparage, or threaten them.
- to provide inaccurate or deceptive information.
- to upload or send malware that might utilize the Service, an associated website, other websites, or the Internet in any way that would disrupt its performance or operation, including viruses.
- to collect or track the personal data of others.
- to spider, crawl, pharm, scrape, phish, spam or pretext.
- for any obscene or immoral purpose; or
- to tamper with, defeat, or otherwise interfere with the security components of the Service, any associated website, other networks, or the Internet.
For violating any of the prohibited uses, we reserve the right to stop you from using the Motion Space’s Service or any connected website.
Advertising and Promotional Service
- Motion Space has the right to display all kinds of information to you in the process of providing this Service, including but not limited to prompts for authorization, advertising information and promotional information, etc. The information may appear in the form of system messages or pop-up windows. If you do not agree to receive certain information, you can cancel the relevant service, which may eventually lead to unavailability of the relevant service function.
- You shall be solely responsible for transactions conducted by the advertising information you received, except as expressly provided by applicable law. Motion Space shall not be liable for any your loss or damage as a result of the transactions carried out by the advertising information or the content provided by the advertiser.
Payments and Fees
- You may check out with your credit card (e.g., visa card, master card), debit card, or PayPal account, etc., which will be processed by a third-party processor.
Please note that once you have made a transaction, you authorize us to charge your chosen Payment Method.
- Your use of this website and Service will consume your device, bandwidth, traffic, and other resources. Fees for the above resources such as Internet access fees, SMS fees, and payment for the website's value-added services shall be borne by yourself.
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
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. If we make a change to or cancel an order, we may attempt to notify you by contacting the email 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.
Updates of this Agreement
In order to better provide you with relevant Service and to guarantee the security of Motion Space, we may update Motion Space and relevant Services from time to time (including but not limited to website modification, website upgrades, partial function disabling, function strengthen, new service development, price change, website replacement and function improvement). In order to facilitate your experience of a better service by the Motion Space’s device, and in compliance with applicable laws, Motion Space may enable automatic upgrade and update function for you by default. In case of such updates, we will notify you in an appropriate manner (including but not limited to system notifications, site messages, announcements, update notifications, etc.), and you have the right to choose whether to accept the updated version.
Software and Services Provided by Third Parties
- In order to facilitate your use of the Motion Space, this website or this Service may use third-party software or services, and the results of such use and access are provided by the third party (including but not limited to the services and contents provided by the third party that you jump to through this website, this Service, or accessed by said third party through Motion Space). In addition to the terms of this Agreement, you shall comply with the user agreements of third parties in using software or services provided by third parties on the Motion Space. Motion Space cannot guarantee the security, accuracy and validity of the services and contents provided by third parties and other uncertain risks, and you shall solely bear relevant risks and responsibilities arising therefrom.
- Whether the third-party software or services are pre-installed in the Motion Space device or activated or subscribed by yourself, you understand and agree that Motion Space disclaims all express or implied warranties with respect to the security, accuracy and validity of the services and contents provided by third parties and other uncertain risks.
- Any dispute between you and the above third-party software and services providers shall be settled by you and such third party with you taking relevant responsibilities, if any.
Termination and Breach of Contract
Motion Space has the right to judge whether your behavior complies with the terms of this Agreement. If you are deemed to have violated relevant laws and regulations or fail to comply with any terms and conditions of this Agreement or related rules, based on the severity of your violation, Motion Space and its licensors shall have the right to delete the content in violation, to limit, to suspend or to terminate your use of the website and Service without notice, and to take other measures that Motion Space considers appropriate. And you will be held liable for your incompliance behavior. Once it is terminated, you must stop using Motion Space and its Service.
You will indemnify, release and hold harmless Motion Space, its parent, subsidiaries and affiliates, and all officers, directors, agents and employees thereof, and any party acting on Motion Space’s behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, "Claims") arising out of (i) any use of the Motion Space’s Services or products appearing on the Motion Space’s Services by you or by any person that is not in accordance with the terms of this Agreement; (ii) any breach of this Agreement by you or by any person that you allow to use the Motion Space’s Services; or (iii) any violation of any laws, regulations or the rights of any third party by you or by any person that you allow to use the Motion Space’s Services or products appearing on the Motion Space’s Services.
- We make no promises or warranties on the continuity, timeliness, security, or error-free operation of our service.
- We cannot guarantee that the outcomes of using the service will be accurate or trustworthy.
- You acknowledge that we reserve the right to discontinue the service at any time and without warning, or to remove it altogether.
- You explicitly acknowledge that the service is used at your own risk, whether you can use it or not. Except where expressly stated by us, the service and all products and services delivered to you through the service are provided "as is" and "as available" for your use, free from any express or implied representation, warranty, or condition of any kind, including without limitation any implied warranty or condition of title, non-infringement, merchantability, or fitness for a particular purpose.
Limitation of Liabilities
In no case shall Motion Space, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Governing Laws and Dispute Resolution
- Governing Laws. The conclusion, execution, interpretation, and dispute settlement of this Agreement shall be governed by the laws of the People's Republic of China, and the application of all provisions of the conflict of laws shall be excluded.
- Dispute Resolution. If any dispute arises between the parties regarding the contentsor performance of this Agreement, both parties shall try their best to settle the dispute through friendly negotiation. If no agreement can be reached through negotiation, either party may file a lawsuit with the People's Court of Huangpu District, Guangzhou, Guangdong Province, where this Agreement was signed.
- The headings of all terms of this Agreement are for reference purpose only, have no actual meanings themselves, and shall not be used as a basis for interpreting the meanings of this Agreement.
- If any term or provision of this Agreement is held to be invalid or unenforceable by any judicial or administrative authority for any reasons, such determination shall not affect the validity of enforceability of the remaining terms and provisions of the Agreement hereof, and the remaining provisions of this Agreement shall remain in full effect and shall be construed in accordance with its terms.
- If this Agreement is made in English and other languages. In case of any discrepancy, the English version hereof shall prevail.
- No Waiver. The failure of Motion Space to enforce at any time any of the provisions of the Motion Space’s Services, or the failure by Motion Space to require at any time performance by you of any of the provisions of the Motion Space’s Services, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of Motion Space to enforce such provision thereafter. The express waiver by Motion Space of any provision, condition or requirement of the Motion Space’s Services shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- Entire Agreement. This Agreement constitutes the entire agreement between you and Motion Space governing your use of the website and supersedes any prior agreements between you and Motion Space relating to the use of the website.
Thank you for your time to read our Terms & Conditions. You can reach us at:
Address: UNIT 808, 8/F WITTY COMM BLDG 1A-1L TUNG CHOI ST MONG KOK KL.
Official Website: m-spacer.com