Terms of Use

Please find below the latest Joyoung terms and conditions (“Terms”).

Please read these Terms carefully. Access to, and use of Joyoung products (“Products”), Joyoung services (“Services”), and the Joyoung website https://us.joyoung.com (“Website”), including any of its content, is conditional on your agreement to these Terms. You must read, agree with, and accept all of the terms and conditions contained in these Terms. By creating an account, or by using or visiting our Website, you are bound to these Terms and you indicate your continued acceptance of these Terms.

Your Joyoung Account

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You may not use false or misleading information in connection to your account, or trade on the name or reputation of others, and Joyoung may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose Joyoung to claims of third parties. You agree that we may take steps to verify the accuracy of information you have provided to us. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify Joyoung of any unauthorized uses of your information, your account or any other security breaches. Joyoung will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

 

Responsibility of Users of the Website, Products, and/or Services
Your access to, and all of your use of the Website, Products, and/or Services must be lawful and must be in compliance with these Terms, and any other agreement between you and Joyoung.

When accessing or using the Website, Products, and/or Services, you must behave in a civil and respectful manner at all times. We specifically prohibit any use of the Website, Products, and/or Services, and you agree not to use the Website, for any of the following:

• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted internet protocol;
• Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
• Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
• Attempting to interfere in any way with the Website, or our networks or network security, or attempting to use our Website to gain unauthorized access to any other computer system;
• Accessing data not intended for you, or logging on to a server or account, which you are not authorized to access;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
• Attempting to interfere or interfering with the operation of the Website, Products, and/or Services, or our provision of Services to any other users of the Website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mail bombing” or “crashing” the Website.

In addition, if you operate an account, contribute to an account, post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, "Content"), you are solely responsible for the content of, and any harm and damages resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received written permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a written waiver as to all rights in or to the Content;
• you have fully complied with any third party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unethical or unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.

If you delete Content, Joyoung will use reasonable efforts to remove it from the Website and our servers, but you acknowledge that caching or references to the Content may not be made unavailable to the public immediately.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Joyoung shall take reasonable precautions to prevent the transmission of harmful content from its technology systems to your technology systems.

Joyoung disclaims any liability for any harm or damages resulting from your access or use of the Website, Products, and/or Services, or access or use of non-Joyoung websites.

Joyoung has the right (though not the obligation) to (i) refuse or remove any Content that, in Joyoung’s reasonable opinion, violates any Joyoung policy or is in any way harmful or objectionable, or (ii) terminates or denies access to and use of the Website, Products, and/or Services, to any person for any reason, in Joyoung’s sole discretion.

Fees and Payments

By purchasing Products and/or Services, you agree to pay Joyoung annual subscription fees indicated for such Product or Service. Payments will be due as of the first day you sign up for a Product and/or Services, and will cover an annual period, as indicated when signing up.

Configurations and prices of the Website, Products, and/or Services are subject to change at any time, and Joyoung shall at all times be entitled to modify configurations, fees, prices and quotations, provided that no price changes shall be made applicable to you during a subscription term, and shall only take effect after Joyoung and you have agreed upon an extension, upgrade or renewal of the subscription term. You agree to any such changes if you do not object in writing to Joyoung within seven (7) business days of receiving a notice of Joyoung, or an invoice, incorporating or announcing the fee and/or price changes. All prices are exclusive of, and you shall pay all taxes, duties, levies or fees, or other similar charges imposed on Joyoung or yourself by any taxing authority (other than taxes imposed on Joyoung’s income), related to your order, unless you have provided Joyoung with an appropriate resale or exemption certificate for the delivery location, which is the location where the Products and/or Services are used or performed. In case of changes in law such that a tax is levied that is or becomes irrecoverable with a consequent increase to the costs to Joyoung of delivering the Products and/or Services, whereby and to such an extent Joyoung is entitled to increase its prices accordingly and retroactively.

Use of Third Party Content and Materials

Joyoung has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Joyoung does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Joyoung disclaims any responsibility for any harm and/or damages resulting from the use or downloading of postings of other parties on the website.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Joyoung.com links, and that link to Joyoung.com. Joyoung does not have any control over those non-Joyoung websites and webpages, and is not responsible for their contents or their use. By linking to a non-Joyoung website or webpage, Joyoung does not represent or imply that it endorses such website or webpage.

Copyright Infringement

As Joyoung requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Joyoung. Joyoung will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In order to bring infringing material to our attention, you must provide our DMCA Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Website of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

In the case of a user who may infringe or repeatedly infringes upon the copyrights or other intellectual property rights of Joyoung or others, Joyoung may, in its discretion, terminate or deny access to and use of the Website, Products, and/or Services. In the case of such termination, Joyoung will have no obligation to provide a refund of any amounts previously paid to Joyoung to any person in respect of any such termination.

Trademarks

Joyoung, the Joyoung logo, and all other trademarks, service marks, graphics and logos used in connection with the Website, Products, and Services, are trademarks or registered trademarks of Joyoung or Joyoung’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website, Products, and Services, may be the trademarks of other third parties in which case such license is for the exclusive benefit and use of us unless otherwise stated, or may be the property of their respective owners. Your use of the Website grants you no right or license to reproduce or otherwise use any Joyoung or third party trademarks. Likewise, you grant no right or license to reproduce or otherwise use any of your trademarks, service marks, graphics and/or logos, unless expressly authorized by you.

Termination

You may terminate your agreement and close your account with Joyoung at any time, effective the last day of your subscription term, by sending an email to Serviceus@joyoung.com. Joyoung may terminate its relationship with you, or may terminate or suspend the accessibility to the Website, Products, and/or Services at any time, including the use of any software, (i) if you breach these Terms and/or any other agreement with Joyoung; (ii) if Joyoung reasonably suspects that you are using the Website, Products, and/or Services to breach the law or infringe third party rights; (iii) if Joyoung reasonably suspects that you are trying to unfairly exploit or misuse Joyoung’s policies; (iv) if Joyoung reasonably suspects that you are using the Website, Products, and/or Services fraudulently, or that Products or Services provided to you are being used by a third party fraudulently; (v) if you fail to pay any amounts due to Joyoung; (vi) you violate any applicable law or regulation. Upon termination of your Joyoung account for the above reasons, there will be no refund of fees and you will be denied access to the Website, Products and/or the Services, including all of its data.

Joyoung may terminate any agreement and access to your account, if the Services or any part thereof, are no longer legally available in your jurisdiction, or are no longer commercially viable, at Joyoung’s sole discretion. In case of termination or closing of your account by you because of a material breach by Joyoung, without any default by you, or in case of a force majeure on the side of Joyoung, Joyoung will refund pro rata for the remaining period of your subscription any fees or expenses paid by you. If you believe that Joyoung has failed to perform or the Services are defective, you must notify Joyoung in writing and allow fourteen (14) days for Joyoung to cure the defect. If Joyoung cures the defect within this cure period, Joyoung will not be in default and cannot be held liable for any damages and/or losses in connection to such default. If Joyoung has not cured the defect within this cure period, you may terminate the subscription with immediate effect, upon written notice to Joyoung.

Changes

The configurations and specifications of the Website, including without limitation all content there available, the Products, and the Services may be amended and/or updated from time to time, at the sole discretion of Joyoung. You are bound by any such changes or updates, unless such changes materially diminish the functionality and value of the Website, Products and/or Services.

Warranty

Thank you for your interest in the Joyoung products. We provide a one-year limited warranty to our customers. This Limited Warranty applies to physical goods, purchased from https://us.joyoung.com/.

Disclaimer of Implied Warranties
Except as expressly provided herein and to the extent permitted by law, Joyoung brand makes no warranties, conditions or representation, express or implied, by status, usage, custom of trade or otherwise with respect to the appliances or parts covered by this warranty, including but NOT LIMITIED to, warranties, conditions, or representations of workmanship, merchantability, merchantable quality, fitness for a particular purpose or durability.

Some states or provinces do not allow for the exclusion of implied warranties of merchantability or fitness, so this limitation may not apply to you. In these states and provinces, you have only the implied warranties that are expressly required to be provided in accordance with applicable law.

Limitation of Remedies; Exclusion of Incidental and Consequential Damage

Your sole and exclusive remedy under this limited warranty shall be appliance repair or replacement as provided herein. Joyoung brand shall not be liable for indirect, incidental or consequential damages arising out of or in connection with the use or performance of the appliance or damages with respect to any economic loss, personal injury, loss of property, loss of revenues or profits, costs of removal, installation.

Warranty Service

To obtain service under this warranty, please contact our Customer Service Department by email to serviceus@joyoung.com. If we are unable to resolve the problem, you may be asked to send your appliance to the Service Department for quality inspection. Joyoung Brands is not responsible for shipping costs related to warranty service, save and except for shipping costs associated with the return of your appliance from Canada or within the 48 contiguous states and the District of Columbia of the United States of America, as provided herein. When returning your appliance, please include your name, mailing address, email address, phone number, and proof of the original purchase date as well as a description of the problem you are encountering with the appliance.

Limitation of Liability of Joyoung, its Suppliers and its Licensors

Under no circumstances shall any party, its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from the use of the Website, Products, Services, and/or the Contents thereof, or of any hyperlinked website even if such party is expressly advised of the possibility of such damages. With the exception of damages related to legally proven or admitted intellectual property infringement caused by Products and/or Services as delivered by a party without any third party content, in no event shall a party’s liability exceed the total sums received by Joyoung from you during the twelve (12) month period immediately prior to the date the damages first occurred.

Your Representations and Warranties

You represent and warrant that your use of the Website, Products, and/or Services will be in accordance with any agreement between you and Joyoung, the Joyoung Privacy Policy, these Terms, and with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside, and with any other applicable policy or terms and conditions.

Indemnification

Subject to the limitations set forth herein, the Parties agree to defend, indemnify, and hold each other harmless, including its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with (i) a material violation of these Terms, or any agreement between the Parties, or (ii) any allegation that any information or material (including any Content) violates any rights of any third party.

You understand and agree that, by using the Products and/or Services, you are solely responsible for any data, including personally identifiable information, collected or processed via our Products and/or Services. You will defend, indemnify, and hold Joyoung harmless, without any limitation, for all damages in connection to (alleged) violations of any privacy laws through the use of the Products and/or Services under your account.

Miscellaneous

Each party shall take out adequate insurance in order to cover its risks hereunder, including but not limited to a general- and product liability insurance. Regarding the security, confidentiality and integrity of data, each party is responsible for maintaining appropriate technical and organizational measures for the protection of data processed on their own systems and on third party systems that are in use by the involved party.

Joyoung will not be liable for any delay in performing or failure to perform any of its obligations to you caused by events beyond its reasonable control. Joyoung will notify you promptly in writing of the reasons for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage.

If you are located in the United States and use or access the Website, Products, and/or Services from the United States, these Terms, the Website, Products, and/or Services and any and all agreements between you and Joyoung shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. All disputes between you and Joyoung shall be resolved under the International Arbitration Rules of the American Arbitration Association in front of a sole arbitrator. The place of arbitration shall be New York City, New York. The language of the arbitration shall be English. Any award, verdict or settlement issued under such arbitration may be entered by any party for order of enforcement by any court of competent jurisdiction.

If you are located outside the United States and use or access the Website, Products, and/or Services from outside the United States, these Terms, the Website, Products, and/or Services and any and all agreements between you and Joyoung shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. All disputes between you and Joyoung shall be exclusively resolved by the Dutch Courts in Amsterdam.

Any cause of action against a party, regardless whether in contract, tort or otherwise, must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.
If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the Parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may only assign your rights under these Terms to any party that consents to, and agrees to be bound by, the terms hereof in writing. Joyoung may assign its rights under these Terms at its sole discretion. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms, or your use of the Website, Products, and/or Services.

A Special Note About Children

The Website is not designed or intended for use by children under the age of 16, and our Products and Services may not be purchased by children under the age of 16. We do not intentionally gather personal information from visitors who are under the age of 16. If you are under the age of 16, you are not permitted to submit any personal information to us. If you are under the age of 16, you should use the Website only with consent of a parent or guardian.

Electronic Communications

Visiting https://us.joyoung.com/ or sending emails to Joyoung constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Joyoung has no obligation to monitor the Communication Services. However, Joyoung reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Joyoung reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Joyoung reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Joyoung's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Joyoung does not control or endorse the content, messages or information found in any Communication Service and, therefore, Joyoung specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Joyoung spokespersons, and their views do not necessarily reflect those of Joyoung.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to https://us.joyoung.com/ or Posted on Any Joyoung Web Page
Joyoung does not claim ownership of the materials you provide to https://us.joyoung.com/ (including feedback and suggestions) or post, upload, input or submit to any Joyoung Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Joyoung, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Joyoung is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Joyoung's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Joyoung from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Joyoung Content accessed through https://us.joyoung.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Joyoung, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Joyoung reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Joyoung in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Joyoung agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Termination/Access Restriction

Joyoung reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Joyoung as a result of this agreement or use of the Site. Joyoung's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Joyoung's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Joyoung with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Joyoung with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Joyoung with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Contact Us

JOYOUNG welcomes your questions or comments regarding the Terms:
Hangzhou Jiuchuang Household Appliances Co., Ltd
Building 2, No. 52, No. 22 Street, Baiyang Street, Qiantang New District, Hangzhou, Zhejiang Province
Email Address:
serviceus@joyoung.com
Effective as of October 15, 2021