Terms and Conditions

WHO WE ARE

We are Shenzheng Pikabu Technology Co., Ltd. The terms we, us and our refer to Shenzheng Pikabu Technology Co., Ltd.

The Terms of Use herein represent a binding legal contract established between you, either as an individual or on behalf of an organization (“you”), and our entity, pertaining to your access and utilization of the pekaboay.com website. This agreement also extends to any associated media forms, channels, mobile websites, or applications that are related, linked, or otherwise connected to it (hereafter referred to as the “Site”). By engaging with the Site, you acknowledge that you have comprehensively reviewed, comprehended, and consented to adhere to all stipulations outlined in these Terms of Use. Should you find yourself in disagreement with any part of these Terms of Use, you are hereby explicitly forbidden from employing the Site and are obligated to cease its use forthwith. Any new features or tools which are added to the Website shall also be subject to the Terms of Service.

Supplemental terms and conditions, as well as any documents that may be periodically posted on the Site, are explicitly incorporated by reference into this agreement. We reserve the unilateral right to alter or amend these Terms of Use at any time and for any reason at our sole discretion. Any modifications will be communicated by updating the ‘Last updated’ date of these Terms of Use, and your continued use of the Site constitutes your waiver of any right to specific notice of each change. It is your obligation to regularly review these Terms of Use to remain informed of any updates. By continuing to use the Site after the posting of revised Terms of Use, you are acknowledging and accepting the changes.

The content provided on the Site is not designed for distribution to, or use by, any individual or entity in any jurisdiction or country where such distribution or use would be in violation of law or regulation, or which would obligate us to any registration requirement within such jurisdiction or country. Therefore, individuals who opt to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

The Site is designed for users who are at least 13 years of age. Any users who are minors in their place of residence (typically under the age of 18) must obtain permission from, and be under the direct supervision of, a parent or guardian to use the Site. If you are a minor, it is required that your parent or guardian reviews and consents to these Terms of Use before you utilize the Site. 

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

Please note that we do not guarantee the accuracy, completeness, or currentness of information presented on this website. It is possible that the website may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, delivery times, and product availability. We reserve the right to correct any errors, inaccuracies, or omissions as necessary.

The content provided on this website is intended for general informational purposes only and should not be used as the sole basis for decision-making without consulting more accurate, complete, or timely sources of information. Any reliance on the material on this website is strictly at your own risk.

CHANGES TO THE WEBSITE AND OUR SERVICES

We reserve the right to modify or discontinue the website (or any part thereof) or any services offered through the website at any time without notice. We shall not be liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the website or any services offered through it.

In the future, we may introduce new services and/or features on the website (including the launch of new tools and resources). These new features and/or services will also be governed by these Terms of Service.

USER REPRESENTATIONS

By engaging with the Site, you affirm and guarantee that:

1. All registration information you submit is truthful, precise, current, and complete.
2. You will maintain the accuracy of such information and promptly update any registration details as needed.
3. You possess the legal capacity and agree to adhere to these Terms of Use.
4. You are not below the age of 13.
5. You are not a minor in your jurisdiction, or if you are, you have obtained parental consent to use the Site.
6. You will not access the Site via automated or non-human methods, such as bots, scripts, or similar.
7. You will not utilize the Site for any unlawful or unauthorized purposes.
8. Your use of the Site will not infringe upon any applicable laws or regulations.

Should any information you provide prove false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any present or future use of the Site (or any part thereof).

USER REGISTRATION

You may need to register with the Site. You agree to keep your password secret and accept responsibility for all activities under your account and password. We reserve the right to remove, reclaim, or alter a username you choose if we deem it inappropriate, offensive, or otherwise objectionable.

PROHIBITED ACTIVITIES 

The Site is to be accessed and used solely for its intended purposes. It is not to be employed for any commercial activities unless explicitly sanctioned or approved by us.

As a Site user, you are prohibited from:

1.Systematically extracting data or content from the Site to create or compile, directly or indirectly, any collection, compilation, database, or directory without our express written consent.

2.Unauthorized use of the Site, including harvesting usernames and/or email addresses of users for unsolicited emailing, or creating user accounts by automated means or under false pretenses.

3. Bypassing, disabling, or interfering with security-related features of the Site, or those that limit the use or copying of any Content or enforce usage restrictions on the Site and/or its Content.

4. Unauthorized framing or linking to the Site.

5. Deceiving, defrauding, or misleading us and other users, particularly in attempts to acquire sensitive account information like passwords.

6. Misusing our support services or submitting false reports of abuse or misconduct.

7. Automated system usage, such as scripts for sending comments or messages, or employing data mining, robots, or similar data gathering and extraction tools.

8. Disrupting the Site or the networks or services connected to it.

9. Impersonating another user or person, or using someone else's username.

10. Selling or transferring your profile.

11. Using information from the Site to harass, abuse, or harm another person.

12. Competing with us or using the Site and/or its Content for any revenue-generating or commercial enterprise.

13. Deciphering, decompiling, disassembling, or reverse engineering any part of the Site's software.

14. Bypassing measures designed to prevent or restrict access to the Site or any part of it.

15. Harassing, annoying, intimidating, or threatening any of our employees or agents involved in providing any part of the Site to you.

16. Removing copyright or other proprietary rights notices from any Content.

17. Copying or adapting the Site’s software, including Flash, PHP, HTML, JavaScript, or other code.

18. Uploading or transmitting (or attempting to) viruses, Trojan horses, or other disruptive material, including spamming, that interferes with any party's use and enjoyment of the Site or alters its operation.

19. Uploading or transmitting any material that acts as an information collection or transmission mechanism, such as gifs, web bugs, cookies, or other similar devices.

20. Using, launching, developing, or distributing any automated system, including spiders, robots, cheat utilities, scrapers, or offline readers that access the Site, or unauthorized scripts or software.

21. Disparaging, tarnishing, or otherwise harming, in our opinion, us and/or the Site.

22. Using the Site in a manner inconsistent with any applicable laws or regulations.

INTELLECTUAL PROPERTY RIGHTS

The Site, unless otherwise specified, is our exclusive property. This includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively referred to as the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). They are owned or controlled by us, or licensed to us, and are safeguarded by copyright and trademark laws, along with other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are made available on the Site “AS IS” for your informational and personal use only. Apart from what is explicitly allowed in these Terms of Use, no portion of the Site, Content, or Marks may be copied, reproduced, compiled, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written consent.

Assuming you meet the eligibility criteria to use the Site, you are granted a limited license to access and utilize the Site, and to download or print a copy of any part of the Content to which you have rightfully obtained access, strictly for your personal, non-commercial purposes. We retain all rights not explicitly granted to you in and to the Site, the Content, and the Marks.

THIRD-PARTY WEBSITES AND CONTENT

Our Site may feature links to other websites ("Third-Party Websites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other materials originating from third parties ("Third-Party Content"). We do not review, monitor, or verify the accuracy, appropriateness, or completeness of Third-Party Websites and Third-Party Content, and we are not responsible for them, including their content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies. Including, linking to, or allowing the use or installation of any Third-Party Websites or Third-Party Content does not imply our endorsement. If you choose to visit Third-Party Websites or use or install Third-Party Content, you do so at your own risk, and our Terms of Use will no longer apply. You should review the terms and policies of any website you visit from our Site, especially those concerning privacy and data collection. We are not responsible for any purchases made through Third-Party Websites, which are solely between you and the third party. You agree to hold us harmless from any harm resulting from your purchase of products or services from Third-Party Websites, as well as any losses or harm resulting from Third-Party Content or your interaction with Third-Party Websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

1. Monitor the Site for violations of these Terms of Use.
2. Take legal action against anyone who violates the law or these Terms of Use, including reporting them to law enforcement authorities.
3. At our discretion, refuse, restrict access to, limit the availability of, or disable (as far as technology allows) any of your contributions to the Site.
4. At our discretion, remove or disable any files or content that are excessively large or burdensome to our systems.
5. Manage the Site in a way that protects our rights and property and ensures its proper functioning.

PRIVACY POLICY

We prioritize the privacy and security of your data. We encourage you to review our Privacy Policy available on our site. By utilizing the Site, you consent to adhere to our Privacy Policy, which is an integral part of these Terms of Use.

TERM AND TERMINATION

These Terms of Use are effective for as long as you use the Site. We reserve the right, at our sole discretion and without any notice or liability, to deny access to and use of the Site (including blocking certain IP addresses) to anyone for any reason, or for no reason at all, particularly for violating any representation, warranty, or covenant in these Terms of Use or any applicable law or regulation. We may terminate your access or participation in the Site or delete your account and any content or information you have posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Beyond terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to civil, criminal, and injunctive remedies.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we are not obligated to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we shall have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use shall be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

PAYMENTS

Transactions are charged at the time the goods are ordered. Once your order has been placed you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved. By submitting an order to use through our site, you are confirming that the payment details provided on your order are valid and correct.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified of this at the check-out stage, or shortly after placing your order. Unfortunately, during sale period we will be unable to accept discount codes on the website and in store.

PROMO CODES

Unless we tell you otherwise, Promo Codes can’t be used with products that aren't Pekaboay own brand or with Sale items. More than one promo code can't be used at the same time and our promo codes are single use only - unless stated.

Please don't share your promo codes with anyone. It does take the fun and exclusivity away from our deals. If we are aware of any fraud, we will cancel or suspend the promo codes. Another action that could be taken is that we suspend your account.

Disclaimer of Warranties

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from the use of the service will be accurate or reliable. 

You agree that we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Pekaboay, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, revenue, savings, data, replacement costs, or similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

The Site is provided on an "as-is" and "as-available" basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site, and we will assume no liability or responsibility for any:

1. Errors, mistakes, or inaccuracies of content and materials.
2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site.
3. Unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein.
4. Interruption or cessation of transmission to or from the Site.
5. Bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party.
6. Errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Indemnification

You agree to indemnify, defend, and hold harmless Pekaboay and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. This determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof).

Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

COLORS:

We strive to present the colors of our products on the website with the highest degree of accuracy. However, the actual colors you see can vary depending on your computer monitor, and we cannot assure that your monitor will accurately reflect the true colors.

MISCELLANEOUS: 

The Terms of Use, along with any policies or operating rules we post on this website, form the complete agreement between you and us. Not exercising or enforcing any rights or provisions in these Terms does not mean we waive those rights or provisions. These Terms are enforceable to the maximum extent allowed by law. We reserve the right to transfer our rights and obligations to others at any time. We are not liable for any losses, damages, delays, or failures to act that are beyond our reasonable control. If any part of these Terms is found to be illegal, invalid, or unenforceable, that part is severable and does not impact the validity and enforceability of the remaining terms. No joint venture, partnership, employment, or agency relationship exists between you and us due to these Terms or your use of the website. You agree not to hold us responsible for drafting these Terms, and you waive any defenses you might have regarding the electronic nature of these Terms and the fact that they are not signed by the parties involved.

If you have any questions or complaints about a product available via the Website, please contact us at service@pekaboay.com.

Questions about the Terms of Service, the Website, or any products available via the Website should be sent to us at service@pekaboay.com.