These Terms and Conditions (“Terms”) constitute a legally binding agreement between Petwinwin Co.Ltd (“we”, “us”, “our”) and you (“User”, “you”) regarding your access to and use of the website https://www.petwinwin.com (the “Website”), including but not limited to registering an account, browsing products, purchasing goods or services, uploading content, participating in promotional activities or lotteries, and any other interactions with the Website.
By accessing or using the Website, you acknowledge that you have read, understood, and unconditionally agreed to be bound by these Terms. If you are using the Website on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” shall refer to such entity. If you do not agree with any part of these Terms, please immediately cease accessing or using the Website.
1. Eligibility and Account Registration
1.1 Eligibility
To use the Website and our services, you must be at least 18 years of age or have reached the age of majority in your jurisdiction of residence. By registering an account or using the Website, you confirm that you meet this eligibility requirement and that all information provided by you is true, accurate, and complete.
1.2 Account Creation and Security
When registering an account, you will be required to provide certain information, including but not limited to your name, email address, and a password. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You agree to:
- Use a strong, unique password that is not shared with any other account;
- Notify us immediately of any unauthorized access to or use of your account by contacting our support team via email at owenzjgzwh@gamil.com or through our Contact Us page (Contact Us – Pet Winwin);
- Not use another User’s account without prior written permission from both the account holder and Petwinwin Co.Ltd.
We reserve the right to suspend or terminate your account at any time, without prior notice, if we suspect or determine that your account has been used in violation of these Terms, applicable laws, or for fraudulent or unauthorized purposes.
1.3 Account Termination
You may terminate your account at any time by submitting a written request to our support team. Upon account termination, you will no longer have access to your account or any content stored within it. However, certain provisions of these Terms (including but not limited to intellectual property rights, liability limitations, and dispute resolution) will survive termination.
2. Products and Services
2.1 Product Availability and Descriptions
We strive to provide accurate and up-to-date information about our products and services, including descriptions, prices, and availability, on the Website. However, we do not warrant that such information is error-free, complete, or current. In the event of a discrepancy between the Website information and the actual product, the actual product shall prevail.
We reserve the right to modify, discontinue, or restrict the availability of any product or service at any time, without prior notice, for any reason, including but not limited to supply chain issues, product upgrades, or changes in business strategy. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of any product or service.
2.2 Orders and Payments
When you place an order through the Website, you are making an offer to purchase the selected products or services at the stated price, subject to these Terms. We reserve the right to accept or reject your order in our sole discretion. We may reject your order if:
- The product or service is unavailable;
- The price or product information is incorrect;
- We suspect fraudulent activity;
- Your payment method is invalid or cannot be processed.
Upon accepting your order, we will send you a confirmation email with details of your order. Payment must be made in full at the time of placing the order, unless otherwise agreed in writing. We accept various payment methods as indicated on the Website, and all payments are processed through secure third-party payment processors. You agree to provide accurate and complete payment information and to bear all fees associated with the payment (including but not limited to currency conversion fees).
2.3 Shipping and Delivery
We ship our products worldwide, subject to applicable import/export laws and regulations of the destination country. Shipping costs, delivery times, and applicable restrictions will be displayed at the time of checkout. We shall use reasonable efforts to deliver your order within the estimated time frame, but we do not guarantee delivery dates. Delays may occur due to factors beyond our control, including but not limited to customs clearance, weather conditions, and logistical issues. We shall not be liable for any damages or losses arising from delivery delays.
Risk of loss or damage to the products passes to you upon delivery to the carrier. You are responsible for complying with all import requirements and paying any customs duties, taxes, or other fees imposed by the destination country.
2.4 Returns and Refunds
Our return and refund policy applies to all purchases made through the Website. To be eligible for a return, you must notify us within [30] days of receiving the product and return the product in its original condition, unused, and in the original packaging, with all tags and accessories intact. Customized products (including OEM/ODM products) are non-returnable unless they are defective or do not conform to the agreed specifications.
Upon receiving and inspecting the returned product, we will notify you of the approval or rejection of your refund. If approved, your refund will be processed to the original payment method within [14] business days. Shipping costs for returns are borne by you, unless the return is due to our error (e.g., incorrect product, defective product).
3. User-Generated Content
3.1 Right to Upload Content
You may upload or submit text, images, or other content (“User-Generated Content” or “UGC”) through the Website, including but not limited to message forms and chat windows. By uploading UGC, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such UGC for the purposes of operating, promoting, and improving the Website and our services. This license includes the right to sublicense the UGC to third parties for the same purposes.
3.2 Responsibilities for UGC
You warrant and represent that:
- You are the sole owner of the UGC or have obtained all necessary rights, licenses, and consents from third parties to upload and license the UGC to us;
- The UGC does not infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party;
- The UGC does not contain any illegal, harmful, defamatory, obscene, pornographic, violent, discriminatory, or otherwise inappropriate content;
- The UGC does not violate any applicable laws, regulations, or these Terms.
You agree to indemnify and hold harmless Petwinwin Co.Ltd, its affiliates, directors, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your UGC or any breach of the warranties and representations set forth in this section.
We reserve the right to review, monitor, and remove any UGC at any time, without prior notice, if we determine that it violates these Terms, applicable laws, or is otherwise inappropriate. We shall not be liable to you or any third party for any removal of UGC.
4. Intellectual Property Rights
4.1 Ownership of Website Content
All content on the Website, including but not limited to the Petwinwin logo, trademarks, service marks, trade names, text, images, graphics, videos, audio, software, and design elements (“Website Content”), is the exclusive intellectual property of Petwinwin Co.Ltd or its licensors. All intellectual property rights in the Website Content are protected by applicable copyright, trademark, patent, and other intellectual property laws worldwide.
4.2 Restrictions on Use of Website Content
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website Content solely for personal or business purposes related to interacting with the Website and purchasing our products or services. You shall not:
- Copy, reproduce, distribute, transmit, display, perform, modify, adapt, create derivative works of, or sell any part of the Website Content without our prior written permission;
- Use the Petwinwin logo or trademarks in any manner that is likely to cause confusion among consumers or that implies endorsement by us without our prior written permission;
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Website Content.
4.3 Enforcement of Intellectual Property Rights
We actively enforce our intellectual property rights and will take legal action against any unauthorized use of the Website Content. If you believe that your intellectual property rights have been infringed upon by any content on the Website, please contact us immediately with detailed information about the alleged infringement, and we will investigate and take appropriate action.
5. Promotional and Lottery Activities
5.1 General Terms for Promotions
We may from time to time conduct promotional activities, including but not limited to discounts, sales, and giveaways (“Promotions”), and lottery activities (“Lotteries”) on the Website. Participation in Promotions and Lotteries is subject to these Terms and any additional specific rules or terms announced for each activity (the “Activity Rules”). By participating, you agree to comply with these Terms and the Activity Rules.
5.2 Eligibility for Participation
Promotions and Lotteries are open to all eligible Users, unless otherwise specified in the Activity Rules. Employees, directors, officers, and immediate family members of Petwinwin Co.Ltd and its affiliates are not eligible to participate. We reserve the right to verify the eligibility of participants and to disqualify any participant who violates the Activity Rules or these Terms, or who provides false or misleading information.
5.3 Prizes and Redemption
Prizes for Promotions and Lotteries will be as described in the Activity Rules. We reserve the right to substitute prizes of equal or greater value at any time, without prior notice. Winners will be notified via email or through the Website within a reasonable time after the end of the activity. Winners must claim their prizes within the time period specified in the notification; failure to do so may result in disqualification and the prize being awarded to an alternate winner.
5.4 Tax Responsibilities
Winners are solely responsible for any taxes, fees, or other costs associated with the prize. We shall not be liable for any tax-related issues arising from the receipt or use of the prize. Winners may be required to provide additional information (such as tax identification numbers) to claim the prize.
6. Limitation of Liability
6.1 Disclaimer of Warranties
The Website and all products and services provided through it are offered on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, we disclaim all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
- Warranties that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components;
- Warranties that the products or services will meet your expectations or requirements.
6.2 Limitation of Liability
To the maximum extent permitted by applicable law, Petwinwin Co.Ltd shall not be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages (including but not limited to loss of profits, revenue, data, or goodwill) arising out of or in connection with your use of the Website, products, or services, regardless of the cause of action (whether in contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.
Our total liability to you for any direct damages arising out of or in connection with these Terms shall not exceed the total amount paid by you to us for the products or services giving rise to the claim in the twelve (12) months preceding the claim.
6.3 Exceptions to Limitation of Liability
The limitations of liability set forth in this section shall not apply to:
- Damages caused by our gross negligence or willful misconduct;
- Personal injury or property damage resulting from our negligence;
- Breach of confidentiality obligations;
- Infringement of intellectual property rights;
- Any other liability that cannot be excluded or limited under applicable law.
7. Indemnification
You agree to indemnify, defend, and hold harmless Petwinwin Co.Ltd, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
- Your use of the Website, products, or services;
- Your violation of these Terms or any applicable laws, regulations, or third-party rights;
- Your UGC;
- Your participation in Promotions or Lotteries;
- Any unauthorized use of your account.
We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You shall not settle any claim without our prior written consent.
8. Governing Law and Dispute Resolution
8.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the People’s Republic of China, excluding its conflict of laws principles.
8.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Website, products, or services shall first be resolved through friendly negotiation between you and us. If the negotiation fails within thirty (30) days of the date on which one party notifies the other of the dispute, either party may submit the dispute to arbitration.
The arbitration shall be conducted in Suzhou, Jiangsu Province, China, in accordance with the arbitration rules of the China International Economic and Trade Arbitration Commission (CIETAC) in effect at the time of filing the arbitration application. The arbitration award shall be final and binding on both parties, and may be enforced in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive relief or other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm, without first engaging in negotiation or arbitration.
9. Changes to These Terms
We reserve the right to modify or update these Terms at any time, in our sole discretion. When we make changes, we will revise the “Last Updated” date at the top of these Terms and post the updated Terms on the Website. We may also notify you of the changes via email or through a notification on the Website.
Your continued use of the Website after the changes have been posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, please cease using the Website immediately.
10. General Provisions
10.1 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that best reflects the original intent of the parties.
10.2 Waiver
No failure or delay by us in exercising any right or remedy under these Terms shall constitute a waiver of such right or remedy. A waiver of any provision of these Terms shall only be effective if in writing and signed by an authorized representative of Petwinwin Co.Ltd.
10.3 Assignment
You may not assign or transfer these Terms or any of your rights or obligations hereunder, without our prior written consent. We may assign or transfer these Terms, in whole or in part, to any third party at any time, without your consent.
10.4 Entire Agreement
These Terms constitute the entire agreement between you and Petwinwin Co.Ltd regarding your use of the Website, products, and services, and supersede all prior or contemporaneous agreements, understandings, and representations, whether written or oral, relating to the subject matter hereof.
10.5 Contact Information
If you have any questions, concerns, or complaints about these Terms or the Website, please contact us at:
- Email: owenzjgzwh@gamil.com
- Website: https://www.petwinwin.com
- Address: 33, Renmin Road, Zhangjiagang District, Suzhou, Jiangsu Province, China 215600
We will endeavor to respond to your inquiry within [5] business days.
By using the Website, you acknowledge that you have read, understood, and agreed to all the terms and conditions set forth above.
Petwinwin Co.Ltd
33, Renmin Road, Zhangjiagang District, Suzhou, Jiangsu Province, China 215600