This Preorder Agreement (these “Terms” or “Agreement”) govern the placing of a preorder (“Preorder”) with Boss Media Ltd. (“BuddyBoss” or “we” or “us”) for a mobile application solution(“Application”). Please read all of these Terms carefully before submitting your Preorder. By submitting your Preorder, you agree to be legally bound by these Terms.

1. No Obligations.

Each Preorder you submit for an Application acts as a payment towards the purchase of an Application. 

We may decline Preorders to avoid over-subscription or as we deem appropriate in our sole discretion. If your Preorder is declined, you will be notified and your Preorder payment will be refunded.

2. No Guarantee of Delivery Date.

We are aiming for a delivery date in January/February, however we cannot provide a guarantee that we will deliver on time. If we encounter delays beyond our control, we will be forced to delay the delivery of the product. You will of course have the ability to request for a refund at any moment prior to delivery and for another 21 days after you get access to the BuddyBoss App. 

3. Cancellation/Refund.

You can cancel your Preorder and receive a full refund of your payment at any time by sending an email to [email protected] from the email address you used to make the preorder or an updated address you have added to your BuddyBoss account. You will receive your refund within approximately 3 business days. BuddyBoss may cancel your Preorder at any time and will issue a full refund of your Preorder Fee to the address on file.

4. Privacy Policy and Terms of Use.

The information you provide to BuddyBoss will be used in accordance with our Privacy Policy and website Terms of Service. You acknowledge that you have read our Privacy Policy and Terms of Service carefully to understand BuddyBoss’s practices regarding your information and how it will be treated. If you have questions regarding our Privacy Policy or Terms of Use, please contact us by email at [email protected].

5. Force Majeure.

Your transaction does not create liability for BuddyBoss or you for any failure to perform due to an event beyond our control, including, but not limited to, any Act of God, pandemic, epidemic, disease, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, strike, earthquake, flood or any other natural or man-made eventuality outside of our control.

6. Modification and Severability.

We reserve the right, at our discretion, to change these Terms at any time. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable.

7. No Waivers.

BuddyBoss’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

8. Limitation of Liability.

IN NO EVENT SHALL BUDDYBOSS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BUDDYBOSS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

9. Governing Law & Venue.

You agree that the Service shall be deemed solely based in Hong Kong. This Agreement shall be governed by the internal substantive laws of Hong Kong, without respect to its conflict of laws principles. Any claim or dispute between you and Boss Media Ltd. that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Hong Kong. THIS AGREEMENT SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. This provision will survive the termination of any or all of your transactions with Boss Media Ltd.

10. Entire Agreement.

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use, together with the Privacy Policy and any other legal notices published by BuddyBoss on the Service, constitute the entire agreement between you and BuddyBoss and governs your use of the Service, superseding any prior agreements between you and BuddyBoss.