Terms of Use

These Terms of Use (hereinafter referred to as "Terms") govern your access to and use of the website located at nearsunforklift.com (the "Site") and any related services, applications, products, or features offered through the Site (collectively, the "Services"). These Terms constitute the terms of use between you ("you" or "User") and NearSun Forklift Smart Tech.Ltd and its affiliates (collectively, "we", "our", or "us").

These Terms apply to all visitors to and users of the Site who access or browse the Site or Services, whether or not you create an account or make a purchase. These Terms are intended to inform you of your rights and obligations when using our Site and Services, as well as our policies and practices regarding the operation of the Site.

By accessing, browsing, or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you have the right to refrain from using or accessing the Site and Services.

Important Notice for Consumers: Nothing in these Terms affects your statutory rights as a consumer under the laws of your country of residence. In the event of any conflict between these Terms and mandatory consumer protection laws in your jurisdiction, the applicable consumer protection laws shall prevail.

1.1 Purpose of These Terms: These Terms are intended to: (a) inform you of the rules and policies governing your use of our Site and Services; (b) establish the respective rights and obligations between you and us regarding the operation of the Site; (c) comply with applicable laws and regulations in the jurisdictions where our Site is accessible; and (d) provide transparency regarding our practices, policies, and procedures.

1.2 No Waiver of Consumer Rights: These Terms are not intended to and shall not be construed as waiving, limiting, or restricting any rights you may have under mandatory consumer protection laws in your jurisdiction. To the extent that any provision of these Terms conflicts with applicable consumer protection laws, the consumer protection laws shall prevail.

1.3 Separate Terms for Purchases: Please note: These Terms govern your use of the Site and Services generally. Separate terms and conditions will apply to any product purchases you make through the Site. Those purchase-specific terms will be presented to you at the time of checkout and will govern the transaction, including pricing, payment, delivery, returns, and warranties.

2.1 Eligibility: By using the Site or Services, you represent and warrant that: (a) you are at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater; (b) you have the legal capacity to accept these Terms; and (c) if you are using the Services on behalf of a business entity, you have the authority to bind that entity to these Terms.

2.2 Account Creation: To access certain features of the Services, you may be required to create an account. When creating an account, you agree to: (a) provide accurate, current, and complete information as prompted by the registration process; (b) maintain and promptly update your account information to keep it accurate, current, and complete; and (c) not create multiple accounts for the purpose of circumventing these Terms or our policies.

2.3 Account Security: You are responsible for maintaining the security of your account credentials. We recommend that you: (a) keep your username and password confidential; (b) not share your account credentials with any third party; (c) not use any other User's account without authorization; (d) notify us promptly of any unauthorized use of your account; and (e) log out of your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with these security practices. However, if we determine that your account has been compromised, we may take reasonable steps to protect your account and our Services.

2.4 Information Accuracy: You represent and warrant that all information you provide to us is true, accurate, and complete. We reserve the right, in our sole discretion, to suspend or terminate your access to the Services if we determine that any information you have provided is inaccurate, incomplete, or misleading.

3.1 Authorized Users: If you are using the Services on behalf of a business entity, you may designate authorized users ("Authorized Users") to act on your behalf. For each Authorized User, you should provide: (a) the full name of the Authorized User; (b) the Authorized User's contact information, including email address and phone number; (c) the scope of authority granted to the Authorized User; and (d) any other information we may reasonably require.

3.2 Authority and Reliance: By designating Authorized Users, you acknowledge that: (a) Authorized Users have the authority to bind you to transactions and instructions provided to us; (b) we may rely on instructions provided by Authorized Users until we receive written notice from you revoking their authority; (c) you are responsible for ensuring that Authorized Users have the necessary authority to act on your behalf; and (d) we reserve the right to refuse to accept instructions from any person we reasonably believe lacks proper authority.

3.3 Revocation: You may revoke an Authorized User's authority at any time by providing us with written notice. Revocation will take effect upon our receipt and reasonable processing of such notice. We are not liable for any actions taken by an Authorized User before we have had a reasonable opportunity to process your revocation notice.

4.1 Description of Services: We provide products and services through the Site. Specific details regarding products, pricing, availability, and delivery terms are set forth on the relevant product pages and in any applicable order confirmations or contracts. Purchase transactions are governed by separate terms and conditions presented at checkout.

4.2 Orders and Contract Formation: When you place an order through the Site: (a) your order constitutes an offer to purchase the products or services specified in your order; (b) we will send you an order confirmation acknowledging receipt of your order; (c) the Order Confirmation does not constitute acceptance of your offer; and (d) we accept your offer and form a binding contract only when we dispatch the products or provide the services, or when we send a separate shipping confirmation or service commencement notice.

4.3 Pricing and Payment: All prices are listed in the currency indicated on the Site. Prices are subject to change without notice. We reserve the right to correct any pricing errors. You agree to pay all charges incurred by you or your Authorized Users, including applicable taxes, shipping fees, and handling charges. You represent and warrant that you are the authorized account holder of any payment method you provide.

4.4 Delivery and Fulfillment: We will make reasonable efforts to deliver products within the estimated timeframe provided at the time of order. Delivery times are estimates only and are not guaranteed. Risk of loss and title for products pass to you upon delivery to the carrier.

5.1 Prohibited Activities: When using the Site or Services, you agree to refrain from: (a) violating any applicable local, national, or international law, regulation, or treaty; (b) engaging in fraudulent, deceptive, or unlawful activities; (c) harming or attempting to harm minors in any way; (d) engaging in or promoting human trafficking, forced labor, or any form of exploitation; (e) posting or transmitting content that is abusive, hateful, violent, or that incites discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; (f) distributing unsolicited or unauthorized advertising, promotional materials, or spam; (g) transmitting or distributing viruses, malware, spyware, or any other harmful code; (h) circumventing any technological measures we use to protect the Services; (i) impersonating any person or entity or misrepresenting your affiliation with any person or entity; (j) infringing or violating any intellectual property, privacy, or other rights of any third party; (k) selling or distributing counterfeit goods, illegal substances, weapons, or any goods or services prohibited by applicable law; or (l) exceeding any usage limits or quotas we may establish.

5.2 Content Standards: Any content you submit, post, or transmit through the Site or Services should: (a) be accurate (where it states facts); (b) be genuinely held (where it states opinions); (c) comply with applicable law in the country from which it is posted and in any country where it is accessible; and (d) not contain defamatory, obscene, offensive, or misleading material.

5.3 Compliance with Laws: You are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations in your jurisdiction. We make no representation that the Services are appropriate or available for use in any particular jurisdiction.

6.1 Ownership: All content, materials, and intellectual property on the Site and Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the selection, arrangement, and organization thereof (collectively, "Content"), are owned by or licensed to us and are protected by copyright, trademark, patent, and other intellectual property laws.

6.2 Trademarks: Our brand "NearSun" and the NearSun logo, and all related trademarks, service marks, and trade names displayed on the Site are our property or used under license. You may not use, copy, reproduce, or display any of these marks without our prior written consent.

6.3 License to Use: Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your personal or internal business purposes. This license does not include: (a) any commercial use of the Site or Content; (b) any reproduction, distribution, modification, or creation of derivative works; (c) any data mining, scraping, or similar data gathering activities; or (d) any use of the Content other than as expressly permitted.

6.4 User Content: You retain all ownership rights in any content you submit, post, or transmit to the Site or Services (collectively, "User Content"). By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content solely for the purpose of operating, providing, and promoting the Services. This license terminates upon deletion or account closure, except for technical backup retention and regulatory obligations.

6.5 Feedback: If you provide us with any suggestions, comments, or other feedback regarding the Services, you agree that we may freely use, disclose, and exploit such feedback without any obligation to you.

7.1 Privacy Policy: Your privacy is important to us. Our Privacy Policy explains how we collect, use, disclose, store, and protect your personal information. By using the Services, you acknowledge that you have read and understood our Privacy Policy and agree to the collection and use of your personal information as described therein.

7.2 Data Protection Compliance: We process personal data in compliance with applicable data protection laws and regulations in the jurisdictions where we operate or where our users are located. We are committed to implementing appropriate technical and organizational measures to protect your personal data in accordance with applicable legal requirements.

7.3 Cookies: We use cookies and similar tracking technologies to enhance your experience on our Site. For detailed information about how we use cookies, how they function, and how you can manage your cookie preferences, please refer to our Privacy Policy, which contains a dedicated section on cookies. By using our Site, you consent to our use of cookies in accordance with the terms set out in our Privacy Policy.

7.4 Data Transfers: Your personal information may be transferred to and processed in countries outside your country of residence, including countries that may have different data protection laws than your jurisdiction. We take appropriate safeguards, including standard contractual clauses where required, to ensure that your personal information is protected in accordance with applicable law.

8.1 "As Is" Basis: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

8.2 No Guarantees: We do not warrant that: (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results obtained from using the Services will be accurate or reliable; (d) the quality of any products, services, information, or other material obtained through the Services will meet your expectations; or (e) any errors in the Services will be corrected.

8.3 No Professional Advice: The Content on the Site does not constitute professional advice. You should consult appropriate professionals for advice tailored to your specific circumstances.

9.1 No Exclusion of Mandatory Rights: Nothing in these Terms excludes or limits our liability to the extent that such liability cannot be lawfully excluded or limited under applicable law, including: (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by our gross negligence or willful misconduct; (c) any liability that cannot be excluded or limited under applicable consumer protection laws; or (d) any liability arising from a breach of consumer guarantees that cannot be excluded under applicable law.

9.2 Exclusion of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, ANTICIPATED SAVINGS, BUSINESS OPPORTUNITY, DATA, OR BUSINESS INTERRUPTION.

9.3 Cap on Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100.00).

9.4 Basis of Bargain: The limitations of liability set forth in this Section 9 are fundamental elements of the basis of the bargain between you and us. The Services would not be provided without such limitations.

9.5 Exclusion of Certain Claims: We shall not be liable for any claim, loss, or damage arising from or related to: (a) internet interruption or transmission failures; (b) third-party services or linked websites; (c) unauthorized access or alteration of data; (d) conduct of third parties; (e) force majeure; (f) good faith action based on user instructions; or (g) failure to maintain account credentials.

To the maximum extent permitted by applicable law, you agree to indemnify and hold us harmless from any third-party claims, damages, or losses arising out of: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of applicable law; (d) your violation of any third-party rights, including intellectual property rights; (e) any User Content you submit; (f) any transaction you enter into through the Services; and (g) any unauthorized use of your account.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with us in the defense of such claims. This indemnification obligation does not apply to claims arising from our own negligence or willful misconduct.

11.1 Updates and Changes: We reserve the right to update, modify, or change the Services, including these Terms, at any time. We will notify you of material changes by posting the updated Terms on the Site with a revised "Last Updated" date, sending an email notification, or providing notice through the Services. Your continued use after the effective date constitutes your acceptance of the updated Terms.

11.2 Suspension: We reserve the right to suspend or restrict your access to the Services, in whole or in part, at any time and without prior notice if we reasonably believe you have violated these Terms, are required by regulatory authorities, suspect fraudulent activity, or need to perform maintenance.

11.3 Termination by You: You may terminate your account at any time by following account termination procedures or contacting us. Termination does not relieve you of any prior liabilities or payment obligations.

11.4 Termination by Us: We reserve the right to terminate your account and access immediately without notice if you breach these Terms, provide false information, violate laws, appear on sanctions lists, or fail to pay due amounts.

11.5 Effect of Termination: Upon termination, your account will be deactivated, licenses terminated, and you must cease all use. Sections 6, 7, 8, 9, 10, 12, and 13 shall survive termination.

12.1 Governing Law: These Terms and your relationship with us shall be governed by the laws applicable in your jurisdiction of residence, without regard to conflict of law principles.

12.2 Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall first be resolved through friendly negotiation between the parties commencing within seven (7) days after one party delivers a written negotiation request. If the dispute cannot be resolved within thirty (30) days after commencement, the dispute shall be submitted to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with its arbitration rules in effect at the time of the arbitration notice. The seat of arbitration shall be Hong Kong. The language of the arbitration shall be English.

12.3 Consumer Rights: Nothing in this Section 12 shall affect your statutory rights as a consumer under the mandatory consumer protection laws of your country of residence, including your right to bring proceedings in the courts of your country of residence.

12.4 Jurisdictional Compliance: We make no representation that the Services are appropriate or available for use in any particular jurisdiction. Those who access or use the Services do so at their own risk and are responsible for compliance with local laws.

13.1 Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding your use of the Services and supersede all prior agreements.

13.2 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, or severed without affecting the remaining provisions.

13.3 Waiver: Our failure to enforce any right or provision shall not be deemed a waiver. Any waiver must be in writing and signed by an authorized representative.

13.4 Assignment: You may not assign or transfer these Terms without prior written consent. We may assign or transfer these Terms without your consent.

13.5 No Agency: Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.

13.6 Language: These Terms are drafted in English. Any translation is provided for convenience only, and in the event of any conflict or inconsistency, the English version shall prevail.

13.7 Interpretation: Headings are for convenience only. Words importing the singular include the plural and vice versa. References to "writing" include electronic communications.

13.8 Third-Party Rights: These Terms do not confer any rights or benefits on any third party.

13.9 No Consumer Rights Waiver: Mandatory consumer protection rights under your jurisdiction strictly prevail in the event of any conflict.

By using the Services, you consent to receiving electronic communications from us, including account notices, service updates, and promotional information. You agree that any such electronic communications satisfy any legal requirement that communications be in writing.

You may opt out of receiving promotional communications at any time by following the unsubscribe instructions in the communication or adjusting preferences.

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including but not limited to: (a) acts of God, fire, flood, earthquake, or other natural disasters; (b) war, terrorism, civil unrest, or acts of government; (c) pandemics, epidemics, or public health emergencies; (d) strikes, lockouts, or other labor disputes; (e) failure of internet, telecommunications, or utility services; (f) changes in applicable law or regulation; and (g) any other event beyond reasonable control.

The affected party shall notify the other party promptly and use reasonable efforts to mitigate the effects. This Section 15 does not relieve you of any payment obligations.

If you have any questions, concerns, or complaints regarding these Terms or the Services, please contact us through official channels:

Company Name: NearSun Forklift Smart Tech.Ltd and its affiliates.

Email Address: info@nearsunforklift.com

Official Website & Contact Form: Available on our Site at nearsunforklift.com.