TERMS AND CONDITIONS

This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Wing Yuen. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
 

It provides that all disputes between you and Wing Yuen shall be resolved by binding arbitration, subject to your consent or choice after a dispute arises. With your consent or choice, such arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement and giving your consent or choosing to resolve any dispute through arbitration shall constitute a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including Legal Representative’s fees).
 

For the purpose of this Arbitration Agreement, “Wing Yuen” means “Wing Yuen Group (HK) Company Limited”, and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Wing Yuen regarding any aspect of your relationship with Wing Yuen, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
 

We each agree that, except as provided below, and subject to your consent or choice, any and all disputes, as defined above, whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration rather than in court in accordance with this arbitration agreement.
 

Before initiating any Dispute, whether in court or arbitration, you must first give Wing Yuen an opportunity to resolve the Dispute by mailing written notification to Wing Yuen Group (HK) Company Limited. That written notification must include:
I. your name;
II. your address;
III. a written description of the Dispute, and;
IV. a description of the specific relief you seek. If Wing Yuen does not resolve the Dispute to your satisfaction within 90 days after it receives your written notification, you may pursue your Dispute in arbitration.
 

If the Dispute is not resolved as provided above in the Pre-Arbitration Claim Resolution section, either you or Wing Yuen may initiate arbitration proceedings. The Hong Kong International Arbitration Centre (“HKIAC”) will arbitrate all Disputes under the HKIAC Administered Arbitration Rules (the “Rules”) in force when the notice of arbitration is submitted, and the arbitration will be conducted before a single arbitrator (appointed by the HKIAC in accordance with the Rules) and in the English language. The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. The law of the arbitration and this arbitration clause shall be Hong Kong law. The seat of the arbitration shall be Hong Kong. The Rules are available at www.hkiac.org. If this Arbitration Agreement conflicts with the applicable arbitration rules, this Arbitration Agreement shall govern. Under no circumstances will class action procedures or rules apply to the arbitration.
 

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement
 

Arbitration shall take place in Hong Kong.
 

Any Disputes arising out of or relating to your use of the Site, any purchase you make on or through the Site, any information you provide via the Site, and/or these Terms (including the formation, performance, or alleged breach), shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action). You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and Wing Yuen and is non-severable from the Arbitration Agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Class Action Waiver, you may only pursue Dispute against Wing Yuen in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding
 

You understand and agree that, by entering into this Arbitration Agreement and either choosing or consenting to resolve any Dispute by arbitration, you and Wing Yuen are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Wing Yuen might otherwise have a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). By using the Wing Yuen Site or any products, or otherwise accepting these Terms, you are entering into this Arbitration Agreement, and either choosing or consenting to resolve any Dispute by arbitration and you give up those procedural rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
 

If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction.