After-sales Maintenance Policy
Please read this "After-sales Maintenance Policy" (hereinafter referred to as the "Policy") carefully. By clicking the "I Agree" button, you indicate that you have fully read, understood, and voluntarily accepted the terms of this Policy. Bgin Trading Limited (hereinafter referred to as "ICERIVER" or "we") reserves the right to modify this Policy to the extent permitted by applicable law. If you do not agree with the revised terms, you should not purchase our products or cease using our services.
Consumer Laws: For consumers protected by consumer protection laws or regulations in their country of residence, the rights granted by this Policy are in addition to all rights and remedies provided by such consumer protection laws and regulations. You should consult the citizen advisory service in your country of residence for more information about these rights.
Article 1 - Definitions
Unless otherwise defined, the following terms used in this Policy shall have the meanings ascribed below:
1.1 "Customer" refers to a natural person, legal entity, or other organization that registers on this website and purchases products or services.
1.2 "Product" and "Service" refer to the products or services displayed and sold on this website, including but not limited to mining machines, power supply units (PSU), post-sales testing, and maintenance services, among others.
1.3 "After-sales Maintenance Service" and "Maintenance" refer to the inspection and maintenance services provided by us for products purchased by customers. After-sales maintenance services are divided into maintenance during the warranty period and maintenance after the warranty period. Depending on the type of product malfunction, we may choose different solutions, including repairs, replacements, etc.
1.4 "Warranty Period" also refers to the period of free after-sales maintenance service, calculated from the date of delivery to the first carrier (as indicated on this website). Different products have different warranty periods, which can be viewed on the sales page or in the "Maintenance Guide."
1.5 "DOA" refers to a product repair request made within 30 calendar days from the date of delivery (as indicated on this website) after purchasing a product on this website.
1.6 1.6 "Second DOA" refers to a repair or replacement product request made within 15 calendar days from the date of delivery of the repair or replacement product (as shown on this website).
1.7 "Replacement Product" or "Substitute Product" refers to a product of the same type or specification, or from the same brand, provided to replace a faulty product. The replacement product shall have a failure rate no higher than that of the faulty product. The replacement product may not be new. The warranty period for the replacement product is the remaining warranty period of the original product, calculated from the date of delivery to the first carrier, except as otherwise provided by the terms and conditions of this Policy.
1.8 "EOS" refers to the end of after-sales maintenance services.
Article 2 - Application for After-sales Maintenance Service
2.1 Article 2 - Application for After-sales Maintenance Service https://www.iceriver.io/my-account/repair-ticket/.
2.2 Before creating a Repair Ticket, you should carefully read this Policy, as well asthe Maintenance GuideandMaintenance Fees. You acknowledge and agree that you may be charged a maintenance fee if your product is not eligible for free maintenance. You may only proceed if you agree to and accept this Policy,the Maintenance Guide, andthe Maintenance FeesOtherwise, please refrain from purchasing our products or services and do not create a Repair Ticket. If you have any questions regarding the terms of this Policy or the Maintenance Guide, please contact our customer support.
2.3 Otherwise, please refrain from purchasing our products or services and do not create a Repair Ticket. If you have any questions regarding the terms of this Policy or the Maintenance Guide, please contact our customer support.
2.4 If you need to update tracking information after creating a Repair Ticket, you must do so within 7 days from the date of creating the Repair Ticket and ensure that the product arrives at our service location within 15 days from the date of creating the Repair Ticket. If you fail to update the tracking information or deliver the product within the specified timeframes, you shall bear all costs and risks associated with the loss or damage of the product.
Article 3 - Shipping for Repair
3.1 Currently, we provide after-sales maintenance services through mailing. You shall bear the shipping costs to send the product to the repair location of your choice from the acceptable repair locations we provide, following our instructions. Shipping defective products by sea is not allowed as it may cause damage due to moisture exposure, especially to antennas.
3.2 Before delivering the product, please back up and delete any personal data, software programs, or any other information ("Data"). During the service, your Data may be lost or damaged, or we may send you a replacement product. We do not accept, store, or manage any such Data, nor are we responsible for Data damage or loss.
3.3 To prevent damage during transportation, you must use moisture-resistant packaging with sufficient cushioning materials. We recommend using the original packaging of the product. Improperly packaging the product for transportation (including unpackaged products, products without cushioning materials, improper packaging materials, etc.) may lead to warranty invalidation. Customers should insure the repair and return shipping process as a whole against damage or loss during transportation. In addition, repair or replacement of the product will be subject to the repair fee.
3.4 We reserve the right to refuse service for your product in the following circumstances:
(1) You did not create or did not create the repair ticket correctly.
(2) The physical object does not match the ticket (ICERIVER cannot distinguish whether the ticket was created incorrectly or a logistics and transportation problem).
(3) You have not paid the shipping fee.
(4) The product is poorly packaged when you receive it, or the surface of the package is severely damaged. All damages arising from this (including repair costs, loss of income, etc.) will be borne by the user.
As a courtesy, we may still provide after-sales maintenance service, but you will be responsible for the shipping fees and the risk of loss or damage during transportation.
3.5 In the absence of any circumstances specified in Article 3.4, we will sign for the package and inspect the product for faults upon unboxing. Please note:except for cases of non-repairable or mixed boards as provided in this Policy, we will conduct repairs at the time of inspection, and you cannot request us to return the product without performing repairs.
3.6 You agree that we are not required to return defective replaced products or parts. Replaced products or parts may not be new but must be in good working condition and substantially similar in functionality to the replaced products or parts. The warranty period for replaced products or parts shall be the remaining warranty period of the original product.
3.7 You agree that we have the sole discretion to choose between repairing or replacing the product or any of its parts.
3.8 If you separately send a hash board for repair, please note that due to technical reasons, the performance of the repaired hash board may differ from the original hash board. We shall not be liable for any differences in performance between the repaired hash board and the original hash board.
Article 4 - Repair Policy
4.1 Free Repair
4.1.1 If your product is within the warranty period and meets the terms of this policy, we will provide free product repair and cover the return shipping cost. You are responsible for the shipping cost to send it to the repair location provided by ICERIVER.
4.1.2 Within the warranty period, you must create a Repair Ticket on our website (the time of creating the Repair Ticket will be displayed on the website) and send the product to the service location specified in the Repair Ticket within 15 days from the Repair Ticket date. If the product fails to arrive at the service location on time, we will determine whether the product is still within the warranty period based on the actual arrival date.
4.2 Non-Repairable Conditions
4.2.1 We reserve the right to diagnose the cause of product defects when necessary and will not provide repair services in the following cases:
(1) Loss of the product before reaching the service location.
(2) Damage to the product due to the use of third-party overclocking software.
(3) Products not belonging to ICERIVER; if we believe that the product you sent or any part of it constitutes an infringement or imitation of ICERIVER's trademark rights, you acknowledge and agree that we will confiscate the infringing product and reserve the right to pursue further legal action.
(4) Surface scratches or other cosmetic damages that do not affect product operation.
(5) Scrap: including but not limited to burnt circuit boards, product corrosion/oxidation, chip pin disconnection, PCB fracture, blocked PCB through-holes, and use of POE switches, etc.
(6) Fraudulent activities as determined by us, including but not limited to intentionally forging or replacing product or component barcodes, or attempting to obtain unauthorized after-sales repair services in any other way. If a product or component has no original barcode, repair services cannot be provided.
(7) EOS notice issued for a specific product model, and the notice period has expired.
(8) The use of immersion cooling (oil cooling), cleaning agents, and other substances that can cause harm to the human body during maintenance.
4.2.2 If we determine that the product meets non-repairable standards, the cost of returning the product will be borne by you. Additionally, any storage costs (if applicable) before returning the product shall also be borne by you.
4.3 Fee-Based Maintenance
4.3.1 We reserve the right to charge for repair services in the following cases:
(1) Products with expired warranties, including: (i) when the product's warranty has expired at the time of creating the Repair Ticket (as indicated on this website); or (ii) the product did not arrive at the service location within the timeframe described in Article 4.1.2, and the product's warranty has expired upon arrival at the service location.
(2) Warranty invalidated due to reasons such as:
Damage to the product due to improper installation, use, and maintenance;
Damage or faults caused by falls, accidents, theft, misuse, negligence, or improper operation;
Physical interference causing damage to the product, including but not limited to moisture, fire, water damage, lightning, transportation, and extreme environmental conditions;
Damage to the entire product, circuit board, or components on the circuit board due to improper operation;
Damage due to overvoltage, undervoltage, or leakage;
Damage due to significantly increased or decreased environmental temperatures;
Damage caused by moisture, oxidation, corrosion, and short circuits to the product, device, or any part;
Damage or loss due to natural disasters, including but not limited to floods, lightning, fires, earthquakes, tsunamis, and lightning strikes;
Disassembly or modification of the product by non-ICERIVER or non-authorized service providers;
Damage or faults caused by the use of power, parts, or devices provided by non-ICERIVER or non-authorized service providers;
Unauthorized firmware and hardware modifications;
Damage or faults caused by the use of unauthorized firmware or drivers (including but not limited to firmware that allows users to apply overclocking settings);
Product damage due to incompatibility with current and/or future versions of operating systems, software, and/or hardware;
Data damage or loss due to improper use;
Damage or faults caused by the use of unauthorized firmware or drivers (including but not limited to firmware that allows users to apply overclocking settings);
Product damage due to incompatibility with current and/or future versions of operating systems, software, and/or hardware;
Data damage or loss due to improper use;
Products without original barcodes or SN labels, or products that have been altered, defaced, or removed;
(3) Products sent for repair are not properly packaged, including unpacked products, products without sufficient cushioning materials, etc.
(4) For missing chips on the hash board, if the hash board is repairable, you should bear the cost of replacing the chips.
4.3.2 For products not eligible for free repair, we will provide you with an estimated cost, and after you pay the repair fee, we will return the repaired or replaced product to you.
4.4 Special Provisions for Mixed Boards Products
4.4.1 You agree that we have the sole discretion to determine whether your product belongs to mixed boards products.
4.4.2 If it is a mixed boards product, we will notify you of repair options:
You may pay the service fee based on the cost estimate and we will proceed with the repair or replacement of the product; or You may choose not to repair such products, and we will return the product to you directly after you pay the return shipping fee and other applicable charges (if any).
4.4.3 Mixed board products repaired have a 15-day warranty period.
4.5 EOS Policy
We will decide whether to issue an EOS notice for a specific product model. Upon the expiration of the notice period, we will no longer provide free or fee-based after-sales repair services for that product model. Additionally, after the EOS notice period ends, you will not be able to create Repair Tickets on this website.
Article 5 - Fees and Payment
5.1 You may refer to the repair fees for more details and a better understanding of service fees. However, the exact amount of the service fee will be determined at the time of service provision.
5.2 Within three (3) calendar days after we provide a cost estimate, you must make payment for the post-warranty repair service fee in US dollars. We will only deliver the repaired product after receiving your payment. You can pay the service fee or other charges via bank transfer (in US dollars). We reserve the right to change payment methods, and you should refer to the payment instructions on our website. If you choose to pay via bank transfer, please ensure that you upload the payer's name and bank receipt details to the After-Sales Repair Service order page on our website. Failure to do so may result in us not refunding the repaired or replaced product.
5.3 If you fail to pay the applicable service fee within thirty-five (35) calendar days after we provide a cost estimate, we will begin charging you additional storage fees starting from the 36th calendar day after providing the cost estimate. The storage fee rate is [1.5 USD] per day for mining products and [1 USD] per day for other products. If you fail to pay the applicable service fee within ninety-five (95) calendar days after we provide a cost estimate, we will notify you that we consider your product abandoned. In such a case, we may dispose of your product in accordance with applicable legal provisions, including selling your product in private or public sales, to cover any outstanding payment obligations. We reserve the statutory lien rights and any other legal retention rights over unpaid fees.
5.4 If any product is stored at our service location, including cases where you have failed to create repair tickets or inconsistencies exist between repair tickets and transportation, we will charge storage fees starting from the [36th] day after receiving the product. If you fail to pay the applicable service fee within ninety-five (95) calendar days after we provide a cost estimate, we will notify you that we consider your product abandoned. In such a case, we may dispose of your product in accordance with applicable legal provisions, including selling your product in private or public sales, to cover any outstanding service fees. We reserve the statutory lien rights and any other legal retention rights over unpaid fees.
5.5 Unless you provide alternative instructions, we will return the repaired or replaced product to the mailing address you provided at the time of authorizing the service. If your product is returned to us due to the inability to complete delivery to the provided address, we will attempt to contact you for an alternative mailing address. If you do not provide an address where we can deliver the product within sixty (60) days after the initial delivery attempt, we will notify you that we consider you to have relinquished ownership of the product and all related ownership rights. We will send notifications to the mailing address provided at the time of authorizing the service. If your product is considered abandoned, we may dispose of it in accordance with applicable legal provisions, including selling your product privately or publicly, to cover any outstanding service fees. We reserve statutory lien rights and any other legal retention rights over unpaid fees. You must strictly comply with any applicable tax laws and regulations. It is prohibited to use this website or payment services provided by third-party payment institutions for any activities that violate applicable tax regulatory laws or other illegal activities. You shall bear any losses resulting from your violation of any applicable laws, regulations, normative documents, and policies, and be responsible for compensating for any losses and damages incurred by us or any third parties. Additionally, if you violate this policy, we reserve the right to terminate the service.
Article 6 - Returns
6.1 Unless you provide alternative instructions, we will return the repaired or replaced product to the mailing address you provided at the time of authorizing the service. If your product is returned to us due to the inability to complete delivery to the provided address, we will attempt to contact you for an alternative mailing address. If you do not provide an address where we can deliver the product within sixty (60) days after the initial delivery attempt, we will notify you that we consider you to have relinquished the product. We will send notifications to the mailing address provided at the time of authorizing the service. If your product is considered abandoned, we may dispose of it in accordance with applicable legal provisions, including selling your product privately or publicly, to cover any outstanding service fees. We reserve statutory lien rights and any other legal retention rights over unpaid fees.
6.2 We will return your product using the carrier you selected on the repair ticket as much as possible. If your preferred carrier cannot deliver the product to the address provided in the repair ticket, we will use an alternative carrier to deliver the product. We may not provide you with written notice before delivering the product through an alternative carrier. If you request air shipping for the return of the product, we will charge you additional shipping fees.
6.3 You are responsible for delivering the product to our service location and prepaying any related shipping fees and additional charges. Unless your product falls under non-repairable, mixed-board, or scrap products (in which case you can choose not to repair the product and request its return, but return shipping fees will be your responsibility), we will be responsible for returning the product to you and covering the return shipping fees. Local tariffs, taxes, and other related fees (if applicable) are your responsibility. Please note that the shipping location for the repair or replacement product may differ from the address where you delivered the product.
6.4 Please mail the product to the address we specify and prepay the shipping fees. If you send the product using a freight collect method or if you do not send the product to the address we specify (including logistics pickup points), we will not be able to receive the product, and you will bear all consequences.
6.5 We will ship the repaired or replaced product to the address you provide and the recipient specified on the repair ticket. Additional charges resulting from incorrect or incomplete information will be your responsibility.
6.6 After we deliver the parcel to the carrier, the risk of damage and loss is transferred to you. If the product is damaged or lost during transportation, you should resolve such disputes with the carrier.
Article 7 - Compliance with Laws and Regulations
7.1 You warrant that you are a legally established legal entity, other entity, or natural person with full legal capacity under the laws of your jurisdiction, and you are eligible and capable of entering into and performing this policy.
7.2 As the initiator of this after-sales repair service, you guarantee that you have the right to submit requests with accurate, complete, and lawful information, and you agree to assume any losses and risks resulting from this. We will only proceed based on your requests and will not be liable for any responsibilities arising from your requests.
7.3 You guarantee compliance with any operational rules and regulations published by this website and other service providers, and you will not use another person's identity to initiate any services on this website. You may not engage in any illegal activities using this website, including but not limited to fraud, money laundering, cashing out, gambling, etc. You may not use forged or invalid bank accounts or engage in any false transactions using the payment system of this website.
7.4 You warrant that you are not listed in any "Entity List," "Denied Persons List," or "SDN List" published by relevant U.S. government agencies, directly or indirectly related to any entity or under their control, and not subject to any export controls, sanctions, or restrictions imposed by the U.S., EU, or its member states. You guarantee that all information provided to us is true, accurate, complete, and not misleading.
7.5 You may not use or otherwise export or re-export products served to you, except as authorized by the jurisdictional laws of the product. In particular (but not limited to), you may not export or re-export products in violation of export laws, including (if applicable) exporting or re-exporting to any U.S. embargoed countries or to any persons on the U.S. Department of the Treasury's Specially Designated Nationals List or the U.S. Department of Commerce's Denied Persons List or Entity List. You represent that you are not using the products provided to you in any country or on any list where it would violate applicable laws. You also agree not to use the products for any purpose prohibited by applicable laws.
7.6 You guarantee that products under this policy are used for civil purposes only and may not be exported, re-exported, or transferred to (a) any entity for military purposes; (b) any individuals or entities listed by the U.S. government on Entity List, Denied Persons List, or Specially Designated Nationals List; (c) engaging in activities related to weapons of mass destruction. Activities related to weapons of mass destruction include but are not limited to: (1) designing, developing, producing, or using nuclear materials, nuclear facilities, or nuclear weapons; (2) designing, developing, producing, or using missiles, or supporting missile programs; (3) designing, developing, producing, or using biological and chemical weapons.
7.7 You guarantee full compliance with all applicable laws and regulations related to cryptocurrency businesses, including but not limited to laws and regulations related to cryptocurrency transactions, cryptocurrency mining businesses, and cryptocurrency technology services when using the product or service. You may not take any actions that could lead to a violation of any applicable laws or regulations related to cryptocurrency businesses. You shall be solely responsible for any losses or damages arising from your violation of the aforementioned applicable laws or regulations. You shall bear full responsibility for any and all claims, demands, lawsuits, costs, or proceedings brought against this website or related to it arising from your violation of any applicable laws or regulations related to cryptocurrency businesses and shall defend, indemnify, and hold this website harmless from such damages.
Article 8 - Liability
8.1 We do not guarantee that your data will not be lost during the service. It is your responsibility to back up your data before sending the product for service. We are not responsible for any loss, recovery, damage, or inability to use data, programs, or equipment caused by the service. You represent that your product does not contain illegal files or data.
8.2 The success of the repair depends on the extent of damage to the product, and we make no guarantees of any kind.
8.3 To the extent permitted by law, the express warranties, conditions, and remedies provided in this policy are exclusive and replace all other warranties, conditions, terms, undertakings, obligations, and representations, whether oral or written, statutory, express, or implied. To the extent permitted by law, ICERIVER expressly disclaims and excludes all statutory and implied warranties, conditions, terms, undertakings, obligations, and representations related to or arising in any way out of this policy, including any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, or skill and care.
8.4 As a consumer, you may have certain additional rights with respect to the services and products provided under this policy. For more information about your rights, please refer to your local consumer regulatory authority. If not within the scope of these rights, ICERIVER shall not be liable for any remedies other than those specified in this section, including but not limited to product unavailability, loss of profits, business losses, or loss, damage, or corruption of data or software, or any liability of the services provided. Except as expressly provided in these terms, ICERIVER shall not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or any claims made by any third party. You agree that, for any liability related to the purchase of the product, ICERIVER shall not be liable for any losses exceeding the amount of your order.
8.5 After the EOS (End of Service) notice period for a specific product model ends, we will be exempt from any liability arising from or related to any failures of that product model for any reason.
8.6 Customers understand and acknowledge that the repair center is an independent third-party entity, and its independent actions or decisions are not associated with us. Any direct negotiations or transactions between the customer and the repair center do not establish rights or obligations for us. Upon discovering product issues, customers should promptly create an online repair request in accordance with Section 2 of our after-sales repair policy, or notify our after-sales service department through other contact methods. After obtaining written confirmation from us, customers may proceed to obtain after-sales repair services through the repair center.We reserve the right to refuse after-sales service for any repair activities not directly confirmed or authorized by us, and we do not bear any responsibility for associated losses.
Article 9 - User Information Posted on the Website
9.1 Any information you send, transmit, or upload on this website, such as email addresses, delivery contact information, bank account details, ID types, ID information, mobile verification codes, or other information or data (collectively referred to as "User Information"), must be true, legal, and valid. You understand and agree that you have an obligation to maintain the truthfulness and validity of the User Information you provide. You should update the User Information you provide in a timely manner. If the law or regulatory authorities require the company to verify the User Information of some customers as counterparties in transactions, the company will periodically verify your User Information in accordance with the law. You should cooperate in providing the latest, true, complete, and valid User Information.
9.2 You agree to grant us and our contractors and business partners the exclusive, transferable right to use, copy, store, and distribute this User Information, as well as the right to create derivative works from it or integrate it into other works.
9.3 For the convenience of your use of this website, online payments, and other related services, you authorize the company to provide the information generated during your account registration and transaction process to third-party payment institutions and other related service providers, or to collect the information provided or generated during your account registration and transaction process by the company, third-party payment institutions, and other related service providers.
9.4 You agree not to post, upload, or transmit any User Information that violates the relevant internet laws and regulations in your country, or infringes upon any third party's intellectual property rights, privacy rights, or other legal rights, i.e., using others' contact information or email addresses without their consent. You understand and agree that we have the right to delete any User Information for any reason or without reason, including but not limited to: (I) violation of this policy; (ii) being offensive or illegal; or (iii) potentially harming, infringing upon, or threatening the rights of any user and/or any other individual or entity.
Article 10 - Consent to Receive Notices from Us
10.1 When you register as a user on this website and log in or transact through your user account, you shall provide us with true and valid contact information (including your email address, phone number, mailing address, etc.). Once your contact information changes, you are obligated to update it promptly and maintain its accessibility.
10.2 We will send various notices to you through one or more of the contact methods mentioned above, and these notices may have a significant impact on your rights and obligations, so please pay attention to them promptly.
10.3 10.3 The following dates are considered as the date of notice:
- The following dates are considered as the date of notice:
- For notices sent successfully via SMS to the contact phone number you provided, or emails sent successfully to the email address you provided, they shall be considered as information delivered effectively.
- If notices are delivered through social communication software, they shall be considered effective upon successful delivery.
- Notices sent via express delivery service shall be considered officially delivered on the fifth calendar day from the date of mailing.
- If there are multiple delivery methods, the earliest delivery date shall be deemed effective.
10.4 You agree that we have the right to send you certain information related to this website. We will send electronic copies of information to the email address you registered when creating your account. You have the right to prohibit the distribution of information as prohibited by applicable laws, but if you do so, we may cancel certain rights you have on this website.
10.5 By accessing and using this website, you agree to prepare the necessary software and hardware to receive such notices. If you do not agree to receive any electronic notifications, you should stop using or accessing this website.
Article 11 - Cooperation in Investigations
11.1 If there are suspicious transactions, illegal transactions, or other risk events related to your account, you agree that the company has the right, in accordance with requests from relevant judicial authorities, regulatory agencies, or third-party payment institutions, to provide your registration information, transaction information, identity information, logistics information, and other related data on this website for investigative purposes. Additionally, if necessary, you are obliged to provide further information as requested by us.
11.2 If abnormal transaction data is detected by the anti-money laundering system, in compliance with relevant anti-money laundering laws, regulations, and regulatory requirements, you agree that the company has the right to submit your transaction information to national regulatory authorities and third-party payment institutions. This may include but is not limited to your name, account number, the name of the financial institution where your account is held, transaction background, etc. If the company does not have complete access to the aforementioned information, you are required to provide it within the specified timeframe as requested by the company.
Article 12 - Termination of Use and Compensation
12.1 If we determine that any of your actions violate applicable laws, this policy, or other terms (defined as "compliance with relevant terms" under this policy) or harm the interests of other users, affiliated companies, or us, including but not limited to fraud, theft, or misuse of others' accounts, misappropriation or forgery of bank card numbers, or misuse or counterfeiting of others' payment terminal equipment, we may terminate or suspend your access to all or part of the content on this website without prior notice in the following situations: (1) you endanger the transaction or account security of others; (2) the cardholder refuses to make payment; (3) you refuse to cooperate in investigations.
12.2 If your actions result in losses to us and/or our affiliated parties and third parties (including direct economic losses, loss of goodwill, and indirect economic losses such as fines, compensation, settlement fees, attorney's fees, and legal fees paid to external parties), you shall compensate us and/or its affiliated parties and third parties for all of the aforementioned losses.
12.3 If your actions lead to claims from third parties against us and/or its affiliated institutions and partners, after assuming the monetary payment and other obligations to third parties, we and/or its affiliated institutions and partners may seek reimbursement for all losses from you.
12.4 If your actions cause losses to third parties or you fail to fulfill your compensation obligations, you agree to authorize us to use our own funds on your behalf to make payments for the above-mentioned amounts. You shall reimburse this amount and compensate us for all losses incurred as a result.
12.5 You agree that we and/or our affiliated companies may directly offset your interests under other agreements with us and/or our affiliated companies and may continue to demand payment of any outstanding amounts owed by you.
Article 13 - Force Majeure
"Force Majeure" refers to all events occurring after the execution of this policy that are unforeseeable at the time of executing this policy, the occurrence and consequences of which are unavoidable or insurmountable, and which prevent either party from fully or partially performing this agreement. These events include earthquakes, typhoons, floods, fires, wars, riots, civil disturbances, epidemics, or government actions (including, but not limited to, government embargoes related to hardware, software, technology, or services related to products), international or domestic transport disruptions, and other events considered force majeure under applicable laws or general international business practices. The lack of funds by either party does not constitute a force majeure event.
After the occurrence of a force majeure event:
(1) If either party, affected by the force majeure event, suspends the performance of this policy during the delay caused by the force majeure event, it shall not be considered a violation of this policy, and shall not be liable for the delay or failure to perform the obligations stipulated in this policy caused by the force majeure event.
(2) The party affected by the force majeure event shall promptly notify the other party to reduce possible losses to the other party, and shall provide proof of the occurrence and expected duration of the force majeure event within 15 working days after the occurrence of the force majeure event.
(3) The responsibility for the delayed performance of monetary obligations due to force majeure is not exempted.
Article 14 - Miscellaneous
14.1 For matters not covered by this policy, please refer to the Maintenance Guide. In case of any conflicts between this policy and the Maintenance Guide, this policy shall prevail. We reserve the right to provide explanations for this policy.
14.2 We have specific service scopes at each of our service points worldwide, as detailed in the Maintenance Guide. Please make sure to contact our customer service representatives in advance to choose the service point that best suits your needs.
14.3 We may change our products or services or alter the applicable prices for such products or services. Information provided online regarding products and services may be outdated, and ICERIVER does not commit to updating the online information related to such products or services.
14.4 You agree that Hong Kong law shall govern this policy and any disputes that may arise between you and ICERIVER, without regard to conflict of law principles.
14.5 Any disputes, controversies, differences, or claims arising out of or relating to this agreement, including the existence, validity, interpretation, performance, breach, or termination thereof, or any non-contractual obligations arising out of or relating to this agreement, shall be submitted to the Hong Kong International Arbitration Centre (HKIAC) for arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force at the time of the submission of the arbitration notice. The place of arbitration shall be Hong Kong. The arbitral tribunal shall consist of one arbitrator. The language of the arbitration shall be English. The decision and award of the arbitral tribunal shall be final and binding upon both arbitrating parties.
14.6 If you infringe or threaten to infringe in any way ICERIVER's, its affiliates', subsidiaries', or partners' intellectual property rights, ICERIVER may seek injunctive or other appropriate relief in any court or arbitration center of our choice. You consent to the exclusive jurisdiction and venue of such courts or arbitration centers.
14.7 If any term above is held to be invalid or unenforceable by a court or other authority with jurisdiction, such term shall be limited or eliminated to the minimum extent necessary, and replaced with a valid provision that best embodies the intent of such term, so that the term shall remain in full force and effect.
14.8 Compliance with Additional Terms: You should also comply with the terms and conditions on these webpages: Product Use Policy (refer to: Conditions of Use) and Privacy Policy (refer to: ICERIVER Privacy Statement). Certain services on this website (including but not limited to online payment services) are provided by our business partners. When using these services, you should also comply with the rules, terms, and agreements related to specific services provided by these business partners (collectively, "Other Applicable Terms").