Terms
Last Updated: February 5, 2025
Labworks Website Terms of Use and Order Policy
1. Definitions, Interpretation and Preliminary Matters
1.1. Preliminary Matters:
1.1.1. Agreement Scope: This Agreement (“Agreement”) is a legally binding contract that governs all interactions between you and Labworks International Design Ltd. (“Labworks,” “we” or “us”), including the sale of Products, placement of orders, shipping and use of the Labworks Website. You may not use the Labworks Website unless and until you understand and have agreed to this Agreement.
1.1.2. Offer & Acceptance Under Hong Kong Law: Any listing of Products on the Labworks Website constitutes an invitation to treat and does not constitute a legally binding offer. By placing an order, you are making an offer to purchase the selected Products. A contract is not formed until Labworks expressly accepts your order by issuing an official order confirmation email. Automatic order acknowledgments do not constitute acceptance. Labworks reserves the right to reject or cancel any order before acceptance.
1.1.3. Agreement to Terms: You confirm your understanding and acceptance of this Agreement by: (1) Clicking a confirmation link or checkbox on the Labworks Website indicating your agreement; (2) Placing an order that is expressly accepted by Labworks; or (3) Using the Labworks Website, provided you have been made aware of this Agreement.
1.1.4. Recordkeeping: We recommend that you print or save a copy of this Agreement for your reference.
1.2. Definition of Terms in this Agreement:
1.2.1. “Affiliate” of Labworks means any subsidiary (including partial subsidiaries or indirect subsidiaries via multiple levels of ownership) of Labworks, any holding company (including companies holding only part of Labworks or indirect holding companies via multiple levels of ownership) of Labworks, and any subsidiary (including partial subsidiaries or indirect subsidiaries via multiple levels of ownership) of a holding company (including companies holding only party of Labworks or indirect holding companies via multiple levels of ownership) of Labworks and any entity under 50% or greater common control with Labworks.
1.2.2. “Agreement” means this Labworks Terms of Use and Terms & Conditions, Order Policy and Privacy Policy agreement.
1.2.3. “Labworks Website” means the website to which this Agreement is posted.
1.2.4. “Cookie” or “Cookies” means any cookie, data, software, website feature or programming used to track personal information, web browsing activities or to assist in serving advertising or customizing content or optimizing a website user’s experience.
1.2.5. “Labworks” means Labworks International Design Ltd., a Hong Kong Limited company with its principal place of business at Unit 2, 9/F, Block A, Yee Lim Industrial Center, 2-28 Kwai Lok Street, Kwai Fong, NT, Hong Kong.
1.2.6. “Third Party Processor” means a third party which provides e-commerce services including payment processing, shopping carts, order fulfillment and web hosting or common carrier package delivery service used by Labworks to ship orders, including the postal services of various countries.
1.2.7. “Product” and “Products” means certain Catalyst products, as may be designated from time to time by Labworks.
1.2.8. “Submission” means any photograph, video, image, sound recording, or other media which is or could be the subject of intellectual property rights which is uploaded by you to the Labworks Website, including in the context of entering a contest, promotion or giveaway offered by Labworks.
1.2.9. “Catalyst Trademarks” means CATALYST®, EscapeCapsule®, the flame logo ®, "THE ONLY CASE YOU'LL EVER NEED", "ADVENTURE READY. EVERYDAY.", "OVERENGINEERED FOR DAILY USE", "WHERE RUGGED MEETS STYLE", "JOIN THE ADVENTURE", “TRUE SOUND ACOUSTICS”, “THE ULTIMATE CASE FOR THE ULTIMATE DEVICE,” and such other marks that Labworks owns or is authorized to use as identified from time to time by Labworks.
1.2.10. “You” or “you” or “your” means the Authorized Reseller agreeing to be bound by the terms of this Agreement.
1.2.11. Other terms may be defined in the body of the Agreement.
1.3. Interpretation of the Agreement:
1.3.1. As used in this Agreement, accounting terms not herein defined, and accounting terms partly defined but to the extent not defined, shall have the respective meanings given to them under Generally Accepted Accounting Principles.
1.3.2. The words “hereof,” “herein,” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and section, subsection, schedule and exhibit references are to this Agreement unless otherwise specified.
1.3.3. Words of the masculine gender shall be deemed to include the feminine or neuter genders, and vice versa, where applicable.
1.3.4. Words of the singular number shall be deemed to include the plural number, and vice versa, where applicable, unless such interpretation would cause this Agreement to be interpreted in a manner contrary to the obvious intent.
1.3.5. Whenever the words “include,” “includes,” or “including” are used in this Agreement, they shall be understood to be followed by the words “without limitation.”
1.3.6. Any ambiguity or inconsistency in this Agreement is to be resolved in accordance with the most reasonable construction and not strictly for or against Labworks by virtue of Labworks’s authorship of this Agreement.
2. Personal Information and Privacy Policy
2.1. Retention of Personal Information: To manage our relationship with you, we retain some of your personal information for the purposes of order fulfillment, customer support, and service improvement. Except as disclosed herein, we will not use, give, sell, license, or otherwise disclose your personal information to third parties without your explicit consent, unless required by law. We retain personal data only for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, or resolve disputes.
2.2. Order Information: Labworks requires certain personal information to process your order, including your name, email address, shipping address, billing address, and payment details. Orders cannot be processed without this information. We use this information to: (1) Process your purchase and fulfill your order. (2) Communicate order status updates (including confirmations and shipping notices). (3) Respond to inquiries and improve customer service. All payment information is securely processed in accordance with applicable data protection regulations.
2.3. Third-Party Processors: Labworks may engage third-party payment processors and fulfillment partners to complete transactions. These service providers have access to your billing and shipping information solely for order fulfillment. While Labworks takes reasonable steps to ensure that third parties comply with data protection obligations, we do not accept liability for data breaches or security failures on their part.
2.4 Direct Marketing Communications
2.4.1 Transactional Emails: Labworks may email you information related to your orders or account. You may not opt out of these communications.
2.4.2 Marketing Emails: Labworks may send promotional or marketing emails with your prior consent. You may opt-in or withdraw your consent at any time through your account settings or by using the “unsubscribe” link in emails. We will not use your personal data for direct marketing unless you have explicitly opted in, in compliance with Section 35G of the Hong Kong's Personal Data (Privacy) Ordinance (PDPO) (Cap. 486).
2.5 Data Access and Correction Rights: Under Hong Kong law, you have the right to: (1) Request access to your personal data. (2) Request corrections if your personal data is inaccurate. (3) Withdraw consent for processing where applicable. Requests should be submitted in writing via our Privacy Request Form (linked in our Privacy Policy).
2.6. Registration: Some features of Labworks’ website require you to register a user name and password with the site. Some of this information is required and some is optional, but the more information you provide the better user experience and customer support we can provide to you. In addition, you are required to register to obtain a warranty on your Catalyst-branded products sold by us. Our e-mail communications to you may be tailored to your needs or interests according to the registration information you have provided to Labworks. Your registration information will be handled in accordance with section 2.5.
2.7. Privacy of Submissions and Content Entries: If you send (by uploading to our website or otherwise) a Submission to us, that submission is not private and we may use it in accordance with Section 3.2, including associating your name and location with the Submission. Entries in any contest, promotion or giveaway that we may offer may require you to provide additional personal information and you may receive e-mail or other contact from us regarding the contest. Contest entries are Submissions, are not private, and may be used in accordance with Section 3.2.
2.8. Other Information About You: When you access or use Labworks' website, we may receive additional information about you from your computer or mobile device or from your actions, including your location, IP address, browser, operating system, where you click on our website or the order of your clicks, how long you look at each page of our website, any advertising you may click on, and the page from which you arrived at our website. We may use that information to improve our products or services or website and will handle such information in accordance with this Agreement.
2.9. Data Security: Labworks implements reasonable administrative, technical, and physical safeguards to protect personal data from unauthorized access, disclosure, or loss. However, no system is entirely secure, and we cannot guarantee absolute security of your data.
2.10. Cookies and Tracking Technologies: We use cookies and similar tracking technologies to enhance your experience, analyze site traffic, and optimize advertising. By using our website, you consent to our use of cookies. You can manage cookie preferences through your browser settings. Labworks uses Cookies to store information about you, provide you with convenient browsing and shopping experiences and optimize your overall experience on our websites. We also uses Cookies to optimize the advertising and content presented to you on our websites. You may reject any Cookies we attempt to set for you, but many functions of our websites will not work without Cookies. We do not associate your personally identifiable information with the Cookies we sets. We also allows third party advertisers to set Cookies on your computer, and any third party Cookie is subject to that third party’s privacy policy. Labworks makes no warranty regarding and disclaims all liability whatsoever for third party Cookies. For further information, please see our Cookie Policy.
2.11. Third Parties: Labworks may offer services on our website that are provided by third parties or links to websites owned and operated by third parties (“Third Party Services”). Third Party Services are entirely the responsibility of those third parties and Labworks disclaims any and all liability related to and makes no warranty regarding Third Party Services. The terms and conditions, including with respect to your privacy and personal information, of Third Party Services are entirely governed by those third parties’ terms of service, warranties or other information or agreements as may be available from those third parties.
2.12. Disclosure of Personal Data: Labworks may disclose your personal data: (1) To comply with legal obligations (e.g., court orders, law enforcement requests). (2) To protect public safety or investigate fraud. (3) In the event of a business transfer (e.g., sale of assets or acquisition). We do not sell personal data to third parties.
2.13. Full Privacy Notice: For additional information on our privacy policy, please see our Website Privacy Notice.
3. Intellectual Property
3.1. Labworks’ Intellectual Property: All intellectual property on our website is owned by Labworks, its Affiliates, its licensors, or used under license from third parties, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g. CATALYST, ESCAPECAPSULE, the flame logo, "THE ONLY CASE YOU'LL EVER NEED", "ADVENTURE READY. EVERYDAY.", "OVERENGINEERED FOR DAILY USE", "WHERE RUGGED MEETS STYLE", "JOIN THE ADVENTURE", "JUST ADDVENTURE", “TRUE SOUND ACOUSTICS”, “THE ULTIMATE CASE FOR THE ULTIMATE DEVICE”) are owned, registered and/or licensed by Labworks. The design of Labworks’ products, our packaging, our website (including the graphics, their selection and arrangement), our branding and marketing and all text and know-how related thereto are covered by copyrights, trademarks, service marks, trade secrets or patents owned by Labworks or its Affiliates. All content on our website, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under copyright laws and is the proprietary property of Labworks. We reserves all rights to all intellectual property owned by Labworks or its Affiliates or its licensors or used under license from third parties.
3.1.1. Allowed Uses: You may electronically copy or print portions of this site for your own personal non-commercial use. Text and media identified within the press section of our site is free to use for editorial purposes, but Labworks must be informed of all such uses by e-mail at cs@catalystcase.com. Other than as explicitly stated in this Agreement, you may not copy, use, modify, alter, adapt, display, stream, capture, decode, reverse engineer or derive any benefit (including non-commercial benefit) whatsoever from Labworks’ or its Affiliates’ intellectual property without Labworks’ express written consent.
3.1.2. Usage Guidelines: The following are trademarks or wordmarks owned by Labworks or its Affiliates, its licensors or used under license from third parties and are used under license: CATALYST, ESCAPECAPSULE, the flame logo, "THE ONLY CASE YOU'LL EVER NEED", "ADVENTURE READY. EVERYDAY.", "OVERENGINEERED FOR DAILY USE", "WHERE RUGGED MEETS STYLE", "JOIN THE ADVENTURE", "JUST ADDVENTURE", “TRUE SOUND ACOUSTICS”, and “THE ULTIMATE CASE FOR THE ULTIMATE DEVICE”.
3.1.2.1. Fair Use: You may engage in “fair use” of our trademarks or wordmarks to (1) truthfully communicate your relationship to Catalyst-branded products or products purchased from Labworks, (2) truthfully communicate the role of Catalyst-branded products or products purchased from Labworks in creating any media you may have created using such products, (3) truthfully communicate that your product is compatible with Catalyst-branded products or products sold by Labworks, (4) comment on media produced with Catalyst-branded products or products sold by Labworks or (5) make factual statements about the Catalyst brand, Catalyst-branded products or products purchased from Labworks.
3.1.2.2. Commercial Use: You may approach Labworks about the commercial use of Labworks’ trademarks and wordmarks by e-mailing us at cs@catalystcase.com.
3.1.2.3. Prohibited Use: You may not alter any of our trademarks or wordmarks without our express written consent. You may not use our logos without our express written consent. You may not use any of our trademarks or wordmarks or confusingly similar trademarks or wordmarks: (1) in the name of your own company, product or service name, (2) in any online identity, user name, URL, domain name, logo or avatar, (3) as your own advertising, (4) to create derivative wordmarks or trademarks, (5) to confuse (whether or not intentionally) your product, service or company with ours, (6) to falsely imply that you are related to, affiliated with, endorsed by, the same as or associated with us, (7) for any purpose which intends to or has the effect of diluting, destroying the goodwill of, tarnishing, reducing the value of our trademarks or workmarks or associating them with any illegal, unethical, immoral, obscene, pornographic, tortious or otherwise undesirable activity, (8) for any purpose related to the improvement of any URL’s or page’s search engine ranking or to manipulate search results, (9) as part of any product or service, for the purpose of obtaining your own rights, or (10) for the purpose of industrial espionage or to harm Labworks or its Affiliates in any manner.
3.1.2.4. Further Guidelines: You must always use the ™ or ® symbol as appropriate (as determined by the symbol we use on our own site with respect to the mark) when using our trademarks or wordmarks. “EscapeCapsule” is one word, with the first and seventh letters capitalized and the seventh through the thirteenth letters in bold typeface. “Escape Capsule,” “EscapeCapsule” “Escapecapsule,” “Escape-Capsule,” “escapecapsule” and all other nonconforming permutations of our product names are incorrect and may not be used. When using or referring to a trademark or wordmark used by Labworks under licenses, please include the following notice: “Catalyst and EscapeCapsule are trademarks used under license from Labworks International Design Limited in the United States and other countries.” This notice should appear at the bottom of the pages on which our trademarks or wordmarks are used, or along with legal notices accompanying printed materials, as appropriate. We would appreciate it if you would inform us of any improper, uncredited or non-conforming use of our trademarks or wordmarks by sending an e-mail to cs@catalystcase.com. The Catalyst name, logo, all product names, all custom graphics, all trademarks, and service marks appearing on this website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Labworks International Design Ltd (the “Marks”) or its affiliates. All other trademarks, product names, company names, logos, services marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without prior written permission of Labworks International Design Ltd.
3.1.2.5. Copyright Notice: Copyright © 2024 - We are the owner of all intellectual property rights in this article [OR our website, and in the material published on it]. These works are protected by copyright laws and treaties around the world. We grant to you a worldwide, non-exclusive, royalty-free, revocable licence to view this article [OR website and the material on this website] on a computer or mobile device via a web browser, to copy and store this article [OR website and the material on this website] in your web browser cache memory and to print pages from this website for your own personal and non-commercial use. You may not reproduce in any format (including on another website) any part of our website (including content, images, designs, look and feel) without our prior written consent. Other than the above, we do not grant you any other rights in relation to this website or the material on this website and all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public this website or the material on this website (in any form or media) without our prior written permission. If you print off, reproduce, copy or download any part of our site in breach of this notice, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We take the protection of our copyright very seriously. If we discover that you have breached the terms of the above licence, we may bring legal proceedings against you and seek monetary damages and/or an injunction to stop you using our materials. You could also be ordered to pay our legal costs.
3.2. Content Disclaimer: The information contained above is provided for information purposes only. The contents of this site are not intended to amount to advice and you should not rely on any of the contents of this site. Professional advice should be obtained before taking or refraining from taking any action as a result of the contents of this site. Catalyst Case disclaims all liability and responsibility arising from any reliance placed on any of the contents of this site.
3.3. Submissions: If you send (by uploading to Labworks' website, submitting a url, posting on our Facebook page or otherwise) a Submission to us, you automatically grant Labworks a perpetual, irrevocable, worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to (and to allow others acting on its behalf) use, edit, modify, create derivative works based upon, display, host, stream, reproduce, copy, market, distribute, sell or otherwise exploit for commercial purposes that Submission (including any information which may be included in that Submission, such as your user information or metadata or other information described in Section 2.9, whether or not you are aware that you are passing that information to Labworks) in any manner Labworks may think fit within applicable laws, including by distributing it to or via third-party websites, social networks or media channels. You agree not to submit any Submission that is obscene, pornographic, encourages unsafe or illegal activities or that violates applicable laws.
3.4. Infringement: Labworks will remove copyrighted materials from its website in compliance with the Digital Millennium Copyright Act (“DMCA”) if notified in writing that such materials infringe upon any person’s copyright. Written communications to Labworks with respect to the DMCA must contain all information required to be contained in a DMCA notice under the DMCA. If you fail to comply with all requirements of the DMCA, your notification may not be binding and Labworks shall use its sole judgment with respect to the alleged infringement unless and until a compliant DMCA notice is received. Notices to Labworks must be submitted in writing to the following address: DMCA Notice Department, Labworks International Design Ltd., Unit 2, 9/F, Block A, Yee Lim Industrial Center, 2-28 Kwai Lok St, Kwai Chung, NT, Hong Kong.
3.5. Testimonials: If you submit a testimonial to Labworks, we may at our sole discretion use it on our website for promotional or other purposes. We will contact you to obtain your consent to use your testimonial. If you consent to the use of your testimonial, it becomes a Submission and we may use it in accordance with section 3.3.
4. Your Access to Labworks’ Website
4.1. Intent of Use: Use of the Labworks website is limited to personal, non-commercial purposes, such as shopping, information gathering, or entertainment. Users agree not to use the website to: (1) Infringe Labworks' or its affiliates' intellectual property rights, including but not limited to copyrights, trademarks, and patents; (2) Interfere with or disrupt the functioning of the website, its products, or its services, including but not limited to through denial-of-service attacks, malware introduction, or unauthorized access attempts; (3) Engage in activities that could harm Labworks or its affiliates, including but not limited to business intelligence gathering, industrial espionage, or the unauthorized scraping or collection of data; (4) Violate any applicable laws or regulations, including but not limited to those relating to data privacy, consumer protection, or intellectual property. (5) Attempt to reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of any software or technology incorporated into the Website.
4.2. Automatic Updates: Labworks’ website may be updated from time to time. Such updates do not alter the terms of this Agreement. Continued use of our website after any update indicates your continued agreement to this Agreement as it relates to any updated website, products or services and your desire to continue using the website, products or services in their updated state.
5. Billing, Shipping and Refunds
5.1. Billing by Third Party Processors: If a Third Party Processor accepts payment to process your order, that Third Processor is responsible for all aspects of billing and customer service inquiries related to that order, and Labworks disclaims any liability for any aspect of the ordering or payment process. You should contact that Third Party Processor for any related customer service.
5.2. Shipping: The Shipper handling your order is entirely responsible for all aspects of shipping your order, and Labworks disclaims any liability for any aspect of the shipping process. Any questions, complaints or problems you may have should be directed to the Shipper using the information provided to you by Labworks or the Third Party Processor who processed your order. You are responsible for any duty, tax or VAT that may be charged in your jurisdiction if the Shipper has not covered it. Labworks as its sole discretion may offer you non-monetary assistance in providing information or documentation to any competent customs authority making such a request. Title and risk of loss shall transfer to the Buyer upon delivery of the goods to the shipping carrier at the Seller’s designated fulfillment center. The Seller shall not be responsible for loss or damage during transit unless otherwise agreed.
5.3. Defective or Returned Products: All defective or returned products shall be handled according to Labworks’ warranty applicable to that product. Click the link to visit the warranty page. The Buyer must inspect the goods upon receipt and notify the Seller in writing of any non-conformity within 7 days. Failure to do so shall constitute acceptance of the goods. The Seller’s liability for defective goods shall be limited to the replacement of goods or refund of the purchase price, at the Seller’s discretion. Consequential or indirect damages are expressly excluded.
5.4. Cancellation of Orders: Labworks reserves the right to cancel your order at its sole discretion at any time before shipping. We may cancel your order if we believe that your order was placed for a purpose other than obtaining the product, for the purpose of industrial espionage or to reverse engineer or copy the product or to destroy the goodwill of or do any harm to the product's or our or our Affiliates' reputation, branding or goodwill. We may also cancel orders for violations of this Agreement, for legal reasons or for any reason or no reason in our sole discretion.
6. Disclaimer of Warranties and Limitation of Liability
6.1. Disclaimer of Warranties: Labworks provides its site “as-is.” Other than as expressly set out in this Agreement, neither we nor our Affiliates nor our employees, agents or owners make any specific promises about the website including its functioning, availability, reliability, ability to function on your computer or device, fitness for any particular purpose, merchantability, non-infringement or ability to provide the expected value. The Seller shall deliver goods in accordance with the specifications set out in the order confirmation. Unless otherwise agreed, the Seller is not responsible for ensuring goods meet specific local regulatory requirements in the Buyer’s jurisdiction. The customer is subject to and responsible for compliance with the export control and economic sanctions laws of Hong Kong, Canada, UK, US, EU and other applicable jurisdictions (collectively, “Applicable Trade Laws”). Offerings are for Customer’s own/internal use, and may not be used, sold, leased, exported, imported, re-exported, or transferred except in compliance with the Applicable Trade Laws. Customer represents and warrants that it is not the subject or target of, or located in a country or territory that is the subject or target of economic sanctions under the Applicable Trade Laws. In some jurisdictions, warranties are implied by law; we exclude and disclaim any such warranties to the maximum extent permitted by law. Your rights will vary depending on your jurisdiction.
6.2. Limitation of Liability: To the maximum extent permitted by law, Labworks and our Affiliates will not be responsible for indirect, special, consequential, exemplary or punitive damages, including damages to your person, your mental health, your computer or device or their data or your property or loss of goodwill or other intangible losses arising out of the use of the website. To the maximum extent permitted by law, the total liability of Labworks and our Affiliates for any claim under these terms made by you, your successors, heirs or permitted assigns, including for any implied warranties, is limited to the lifetime amount you have paid us to use its website or purchase our products (or if we or our Affiliates choose, to supply you further products or services of equal or greater value as a substitute). In no case shall Labworks or our Affiliates be liable for damages or losses that are not reasonably foreseeable.
7. Indemnification: You agree to indemnify and hold harmless Labworks, its Affiliates, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the website, including any breach of this Agreement by you.
8. Miscellaneous
8.1. Entire Agreement: This Agreement constitutes the entire agreement between Labworks and you concerning the website and the subject matter hereof.
8.2. Amendment: Labworks may amend this Agreement at any time. We will notify you if the Agreement is amended. Continued use of the website for 30 days after notification that we have amended the Agreement constitutes your agreement to any such amendment.
8.3. Waiver of Default: No consent or waiver, express or implied, by Labworks with respect to any breach of this Agreement by you or default by you shall be deemed or construed to be a consent or waiver with respect to any other breach or default by you of the same provision or any other provision of this Agreement. Failure on the part of Labworks to complain of any act or failure to act by you or to declare you in breach shall not be deemed or constitute a waiver by us of any rights hereunder, unless such waiver is provided in writing by a legally authorized representative of Labworks.
8.4. No Third Party Rights; Assignment: None of the provisions contained in this Agreement shall be for the benefit of or enforceable by any third parties including your creditors. You may not assign this Agreement or any of your rights or responsibilities under this Agreement to any third party. Labworks may assign this Agreement or any of its rights or responsibilities under this Agreement, to the maximum extent permitted by law, upon its sole discretion and need only notify you of such assignment if it will materially alter your use of the website or your customer experience with us.
8.5. Severability: Except where it would materially alter the terms and conditions of this Agreement, in the event any provision of this Agreement is held to be illegal, invalid or unenforceable to any extent, the legality, validity and enforceability of the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect and shall be enforced to the greatest extent permitted by law.
8.6. Force Majeure (Excusable Non-Performance): Neither party shall be liable for failure to perform obligations under this Agreement due to events beyond its reasonable control, including but not limited to natural disasters, acts of government, supply chain disruptions, or labor strikes. Performance shall be suspended for the duration of the event.
8.7. Binding Agreement: This Agreement shall be binding upon the parties hereto and their respective heirs, personal representatives, successors and permitted assigns.
8.8. Acknowledgement: You acknowledge that you have been advised to seek your own independent legal advice with regard to this Agreement, the website and all related matters.
8.9. Headings: The headings of the sections of this Agreement are for convenience only and shall not be considered in construing or interpreting any of the terms or provisions hereof.
8.10. Execution: This Agreement is considered executed when you agree to it via any of the methods described in Section 1.1.2.
8.11. Governing Law; Submission to Jurisdiction: This Agreement, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (HKSAR), without reference to its conflict of law principles. To the fullest extent permitted by law, the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded from application to this Agreement nd all transactions between the parties. Labworks and you voluntarily submit to the non-exclusive jurisdiction of the courts, tribunals, government agencies, and administrative bodies of Hong Kong for the enforcement of this Agreement and the resolution of any disputes arising from or related to it. Nothing in this clause shall limit Labworks' right to seek injunctive or equitable relief in any jurisdiction where a breach of this Agreement occurs.
8.12. No Bond Required: You agree that Labworks need not post any bond, collateral or security to enforce its rights under this Agreement.
8.13. Intentional Breach; Treble Damages: If, as a result of an intentional or malicious breach of any provision of this Agreement, you cause economic damages or hardship to Labworks, Labworks shall be entitled to collect treble damages from you.
8.14. Waiver of Contrary Rights: To the maximum extent permitted by law, you waive any rights which are contradicted by the provisions of this Agreement.
8.15. Third Party Rights. Unless expressly provided in this Agreement, no term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap 623) by any person who is not a party to it.
8.16. Termination; Survival: Labworks may terminate your access to and use of the website at any time, with or without cause and with or without notice, effective immediately. You may terminate this Agreement at any time by discontinuing your use of the website. The provisions and Labworks’ rights under sections 1, 3, 5, 6, 7 and 8, and any other provisions which reasonably should be held to survive termination, shall survive termination of this Agreement.