TERMS OF SERVICE

OVERVIEW

Welcome to TOPSTH!

The terms “we”, “us”, and “our” refer to TOPSTH, which is operated by Apex Drive Technologies Limited, a company registered in Hong Kong.

TOPSTH operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). TOPSTH is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy:

https://topsth.com/policies/privacy-policy

If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, country, or jurisdiction of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.

You represent and warrant that all the information you provide in our stores is correct, current, and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores.

However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion.

We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase.

TOPSTH reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until TOPSTH confirms acceptance.

We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as TOPSTH may be unable to accommodate cancellation requests after an order is accepted.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy:

https://topsth.com/policies/refund-policy

You represent and warrant that your purchases are for your own personal or household use and not for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms.

If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores.

You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

  1. The payment information you provide is true, correct, and complete.

  2. You are duly authorized to use such payment method for the purchase.

  3. Charges incurred by you will be honored by your payment provider.

  4. You will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times provided by TOPSTH are estimates only and are not guaranteed unless expressly stated otherwise.

Delivery may be affected by shipping carriers, customs processing, port congestion, weather conditions, local delivery arrangements, and other events outside our reasonable control.

For oversized automotive body kits and exterior parts, international delivery may involve sea freight, air freight, express courier services, local freight carriers, or a combination of transportation methods.

Additional information regarding shipping methods and delivery arrangements is available in our Shipping Policy:

https://topsth.com/policies/shipping-policy

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by TOPSTH, its operator, affiliates, or licensors and are protected by applicable copyright, trademark, patent, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property rights of TOPSTH, Shopify, or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws.

All rights not expressly granted herein are reserved by TOPSTH and its operator, affiliates, or licensors.

TOPSTH's names, logos, product and service names, designs, and slogans are trademarks of TOPSTH or its affiliates or licensors.

You must not use such trademarks without the prior written permission of TOPSTH.

Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services, including the release of new tools and resources.

Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.

If you decide to leave the Services to access these materials on third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of third-party websites, or your purchase or use of any products, services, resources, or content on third-party websites.

Please carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

TOPSTH is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make through our Store are made directly with TOPSTH, operated by Apex Drive Technologies Limited.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and TOPSTH, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with TOPSTH to the fullest extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy:

https://topsth.com/policies/privacy-policy

Certain personal information may also be subject to Shopify's Privacy Policy:

https://www.shopify.com/legal/privacy/app-users

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services for you.

Information you submit to the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, where necessary to provide the Services.

Please review our Privacy Policy for more information about how we, Shopify, and our service providers process personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content collectively referred to as “Feedback”, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any lawful purpose, including commercial use.

We may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services.

You also represent and warrant that:

  1. You own or have all necessary rights to the Feedback.

  2. You have disclosed any compensation or incentives received in connection with your submission.

  3. Your Feedback complies with these Terms.

We are under no obligation to:

  1. Maintain your Feedback in confidence.

  2. Pay compensation for your Feedback.

  3. Respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or other rights.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or related websites.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of any Feedback.

You are solely responsible for any Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after you have submitted your order, subject to applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

  1. For any unlawful or malicious purpose.

  2. To violate any international, national, regional, provincial, state, or local laws or regulations.

  3. To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

  4. To harass, abuse, insult, harm, defame, slander, disparage, or intimidate another person.

  5. To transmit false or misleading information.

  6. To send unsolicited advertising or promotional materials, spam, junk mail, chain letters, or similar solicitations.

  7. To impersonate another person or entity.

  8. To engage in conduct that restricts or inhibits another person's use or enjoyment of the Services.

  9. To engage in conduct that may harm TOPSTH, Apex Drive Technologies Limited, Shopify, or users of the Services.

In addition, you agree not to:

  1. Upload or transmit viruses or malicious code.

  2. Reproduce, duplicate, copy, sell, resell, or exploit any unauthorized portion of the Services.

  3. Collect or track the personal information of others without authorization.

  4. Spam, phish, pharm, pretext, spider, crawl, or scrape the Services in violation of applicable law.

  5. Interfere with or circumvent the security features of the Services.

We reserve the right to suspend, disable, or terminate your account if we determine that you have violated these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our discretion where permitted by applicable law.

You will remain liable for all amounts properly due up to and including the date of termination.

The following sections will continue to apply following termination where appropriate:

Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available primarily for general information purposes.

We do not warrant the accuracy, completeness, or usefulness of information except where expressly stated by TOPSTH or required by applicable law.

Any reliance you place on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY TOPSTH OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOPSTH, APEX DRIVE TECHNOLOGIES LIMITED, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, EXCEPT WHERE SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES.

Nothing in these Terms excludes or limits liability to the extent that such liability cannot lawfully be excluded or limited.

SECTION 17 - INDEMNIFICATION

You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless TOPSTH, Apex Drive Technologies Limited, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable legal fees, arising from:

  1. Your breach of these Terms of Service or documents incorporated by reference.

  2. Your violation of applicable law.

  3. Your violation of the rights of a third party.

  4. Your misuse of the Services.

We will notify you of any indemnifiable claim where reasonably practicable.

We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring material non-monetary obligations from you without your reasonable consent.

You agree to cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service.

Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; 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 of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services.

They supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, relating to the Services.

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

SECTION 20 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

Any unauthorized attempt to do so may be void.

We may transfer, assign, or delegate these Terms and our rights and obligations where permitted by applicable law.

SECTION 21 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

Any dispute arising out of or in connection with these Terms of Service shall be submitted to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to review this page periodically for changes.

Where required by applicable law, we will provide appropriate notice of material changes.

Your continued use of or access to the Services following the effective date of changes constitutes acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Brand / Trading Name: TOPSTH
Legal Company Name: Apex Drive Technologies Limited
Company Registration No.: 79164180
Registered Address: Unit J, 1211B, Block A, Hung Hom Comm Center, 39 Ma Tau Wai Road, Hung Hom, Hong Kong
Email: sale@topsth.com
Website: https://topsth.com