Term of services
OVERVIEW
Welcome to ApexDiscover.
The terms “we”, “us” and “our” refer to ApexDiscover.
ApexDiscover operates this website and online store, including all related information, content, features, tools, clothing products, accessories, and services collectively referred to as the “Services”. ApexDiscover is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you access, browse, or purchase from our online store.
Please read these Terms carefully. They include important information about your legal rights, warranty disclaimers, limitations of liability, and dispute resolution.
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your place of residence, or that you have given consent for any minor dependents under your care to use the Services on devices you own, purchase, or manage.
To use the Services, including browsing our online store or purchasing any clothing, accessories, or related products we offer, you may be required to provide certain information, such as your name, email address, billing address, payment details, shipping information, and contact number.
You represent and warrant that all information you provide is accurate, current, and complete, and that you have the necessary rights to provide such information.
You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We make every effort to display our clothing, accessories, product descriptions, colors, sizes, measurements, materials, and images as accurately as possible.
However, product colors, textures, fit, or appearance may vary slightly due to screen settings, lighting, photography, device display differences, or production variations.
Size charts and measurements are provided as general guidance only. Actual fit may vary depending on body shape, fabric stretch, cutting, and style. We do not guarantee that any item will fit exactly as expected.
We do not warrant that the appearance, fit, quality, or comfort of any product purchased will fully meet your expectations or be exactly the same as depicted on our online store.
All product descriptions, prices, sizes, colors, and availability are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order with ApexDiscover, you are making an offer to purchase the selected product or products.
ApexDiscover reserves the right to accept or decline your order for any reason at our discretion. Your order is not accepted until we confirm acceptance and process your payment.
Please review your order carefully before submitting it, including product style, size, color, quantity, shipping address, and payment details. Once an order has been accepted or processed, we may be unable to accommodate cancellation or modification requests.
If we do not accept, cancel, or make changes to an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at the time the order was placed.
Your purchases are subject to return or refund only in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use and not for commercial resale, unauthorized distribution, or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice.
The price charged for a product will be the price in effect at the time the order is placed and will be shown in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include taxes, shipping fees, handling fees, customs duties, tariffs, or import charges.
Prices displayed on our online store may differ from prices offered through third-party platforms, marketplaces, physical stores, or other sales channels.
We may offer promotions, discount codes, or special offers from time to time. Such promotions may be subject to separate terms and conditions. If there is a conflict between a promotion’s terms and these Terms, the promotion terms will apply.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.
You represent and warrant that:
The payment information you provide is true, correct, and complete.
You are authorized to use the payment method provided.
All charges incurred by you will be honored by your payment provider.
You will pay all charges incurred at the posted prices, including shipping fees, handling fees, and applicable taxes or duties.
SECTION 5 – SHIPPING AND DELIVERY
Shipping and delivery times are estimates only and are not guaranteed.
We are not liable for delays caused by shipping carriers, customs clearance, incorrect shipping information, weather conditions, public holidays, peak seasons, logistics disruptions, or events outside our reasonable control.
Once your order has been transferred to the carrier, risk of loss or damage may pass to you to the fullest extent permitted by applicable law.
Please ensure your shipping address is complete and accurate before placing an order. ApexDiscover is not responsible for orders delayed, lost, or delivered incorrectly due to inaccurate or incomplete shipping information provided by the customer.
SECTION 6 – INTELLECTUAL PROPERTY
The Services, including but not limited to trademarks, brand names, logos, text, images, product photos, graphics, reviews, videos, audio, website layout, design, and all related content, are owned by ApexDiscover, its affiliates, or licensors and are protected by applicable intellectual property laws, including the laws of Hong Kong and other relevant jurisdictions.
These Terms permit you to use the Services for personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, copy, sell, or exploit any part of the Services without our prior written consent.
Nothing in these Terms grants you any license or right to use any trademark, copyright, patent, design, logo, brand name, or other intellectual property belonging to ApexDiscover, Shopify, or any third party.
ApexDiscover’s names, logos, product names, designs, and slogans are trademarks or intellectual property of ApexDiscover or its affiliates or licensors. Shopify’s name, logo, product names, designs, and slogans are trademarks of Shopify. All other trademarks belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools, features, applications, or integrations as part of the Services.
You acknowledge and agree that such tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement.
We have no control over and shall have no liability arising from your use of optional third-party tools.
Your use of any third-party tools is entirely at your own risk and discretion. You should review and understand the terms and policies of the relevant third-party providers before using such tools.
Any new features, tools, or resources added to the Services in the future shall also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links, embedded content, or materials provided by third parties.
We are not responsible for examining, evaluating, or verifying the content, accuracy, policies, practices, products, or services of any third-party websites or platforms.
If you choose to access third-party links, you do so at your own risk.
We are not liable for any harm, loss, or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content from third parties.
Please review the third party’s policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
ApexDiscover is powered by Shopify, which enables us to operate and provide the Services.
However, any sales and purchases made through our store are made directly between you and ApexDiscover.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales transaction between you and ApexDiscover, including any injury, damage, loss, dispute, refund, return, delivery issue, or product-related concern.
To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with ApexDiscover.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy.
By using the Services, you acknowledge that you have read and understood our Privacy Policy.
Because our Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide, support, and improve the Services.
Information submitted through the Services may be transmitted to, processed by, and shared with Shopify and other service providers, which may be located outside Hong Kong or your country of residence.
Please review our Privacy Policy for more information about how ApexDiscover, Shopify, and our partners collect, use, disclose, and safeguard your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise provide any ideas, suggestions, feedback, reviews, photos, videos, proposals, plans, or other content collectively referred to as “Feedback”, you grant ApexDiscover a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, translate, and create derivative works from such Feedback in any medium for any purpose, including commercial, marketing, advertising, and promotional purposes.
You represent and warrant that:
You own or have all necessary rights to the Feedback.
Your Feedback does not violate the rights of any third party.
You have disclosed any compensation, incentive, discount, or benefit received in connection with submitting such Feedback.
Your Feedback complies with these Terms and applicable laws.
We are under no obligation to keep Feedback confidential, pay compensation for Feedback, or respond to Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, misleading, infringing, or otherwise objectionable.
You are solely responsible for any Feedback you submit and its accuracy. We assume no liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, colors, sizes, measurements, pricing, promotions, offers, shipping charges, delivery times, availability, or other details.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
SECTION 13 – PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not access or use the Services, directly or indirectly:
For any unlawful, fraudulent, abusive, or malicious purpose.
To violate any applicable laws, rules, regulations, or ordinances, including those of Hong Kong or any other relevant jurisdiction.
To infringe upon or violate our intellectual property rights or the rights of others.
To harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against any person.
To submit false, inaccurate, or misleading information.
To upload, transmit, or distribute viruses, malware, or malicious code.
To send spam, phishing messages, unsolicited advertising, chain letters, or similar communications.
To impersonate any person or entity.
To collect, track, or misuse the personal information of others.
To scrape, crawl, spider, or otherwise extract data from the Services without permission.
To interfere with or circumvent the security features of the Services or any related website.
To reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without authorization.
We reserve the right to suspend, disable, or terminate your account or access to the Services at any time without notice if we determine that you have violated these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services, or any part of the Services, at our sole discretion at any time without notice.
You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information provided through the Services is made available for general information and shopping purposes only.
We do not warrant the accuracy, completeness, reliability, or usefulness of any information on the Services. Any reliance you place on such information is strictly at your own risk.
To the fullest extent permitted by applicable law, the Services and all products offered through the Services are provided “as is” and “as available” without any representation, warranty, or condition of any kind, whether express or implied.
This includes, without limitation, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee, represent, or warrant that:
Your use of the Services will be uninterrupted, timely, secure, or error-free.
Product descriptions, images, colors, sizing, or availability will always be accurate, complete, or current.
Any clothing item will fit exactly as expected.
The quality, appearance, or performance of any product will meet your expectations.
Some jurisdictions do not allow certain warranty disclaimers or limitations, so some of the above disclaimers may not apply to you.
Nothing in these Terms shall exclude or limit any rights that cannot be excluded or limited under applicable Hong Kong law.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, ApexDiscover, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, and Shopify’s affiliates shall not be liable for any direct, indirect, incidental, punitive, special, consequential, or similar damages of any kind.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages arising from:
Your use of or inability to use the Services.
Any products purchased through the Services.
Any errors or omissions in product descriptions, pricing, sizing, or content.
Any delay, loss, or damage during shipping or delivery.
Any unauthorized access to or use of our servers or your personal information, except where liability cannot be excluded under applicable law.
Nothing in these Terms shall exclude or limit liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any liability that cannot be excluded or limited under applicable Hong Kong law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ApexDiscover, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, costs, and expenses, including reasonable legal fees, arising out of or relating to:
Your breach of these Terms or any policies incorporated by reference.
Your violation of any applicable law or regulation.
Your violation of the rights of any third party.
Your misuse of the Services.
Your Feedback or content submitted to the Services.
We may notify you of any indemnifiable claim. We may control the defense and settlement of such claim at your expense, where permitted by law. You agree to cooperate with us in the defense of any such claim.
SECTION 18 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law.
Any unenforceable portion shall be deemed severed from these Terms. This determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any policies or operating rules posted by us on this website, constitute the entire agreement between you and ApexDiscover regarding your use of the Services.
These Terms supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any of your rights or obligations without our prior written consent. Any attempt to do so without consent will be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice, where permitted by applicable law.
SECTION 21 – GOVERNING LAW & DISPUTE RESOLUTION
These Terms of Service and any separate agreements whereby we provide the Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
Informal Dispute Resolution
For any dispute you have with ApexDiscover, you agree to first contact us at support@ApexDiscover.com and attempt to resolve the dispute informally for at least thirty (30) days before initiating any formal proceeding, where permitted by applicable law.
Arbitration
Any dispute, controversy, difference, or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach, or termination thereof, or any non-contractual obligations arising out of or relating to these Terms, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
The seat of arbitration shall be Hong Kong.
The language of the arbitration shall be English.
The decision of the arbitrator shall be final and binding on the parties.
Class Action Waiver
To the extent permitted by applicable law, you and ApexDiscover agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.
You expressly waive your right to file or participate in a class action or seek relief on a class basis in any jurisdiction, to the extent such waiver is permitted by applicable law.
SECTION 22 – HEADINGS
The headings used in these Terms are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.
SECTION 23 – CHANGES TO TERMS
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.
It is your responsibility to check this page periodically for changes.
Where required by applicable law, we will notify you of material changes to these Terms. Such changes will become effective on the date specified in the notice or, if no date is specified, when posted on our website.
Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
For questions regarding these Terms, please contact us at:
Email: support@ApexDiscover.com
Vistron Trading Co., Limited
FLAT B-118, 10/F,
KWAI FONG INDUSTRIAL BUILDING,
9-15 KWAI CHEONG ROAD,KWAI CHUNG
Hong Kong