Welcome to shopexperts, formerly HeyCarson. We're now the #1 freelancer platform to find, hire and pay vetted Shopify developers.
If you need to access your old HeyCarson client account, please click here.
Last update: September 1, 2024
The terms and conditions presented herein ("Terms") govern your use of this website on the global internet. These Terms constitute a binding legal agreement between you and Swift Commerce Limited, operating under the business name "shopexperts" ("we", "us", "our", or "shopexperts"), regulating your access to and use of the shopexperts website located at the URL: https://shopexperts.com/, as well as any related sites connected to https://www.shopexperts.com by shopexperts, its subsidiaries, and affiliated entities, in conjunction with the services provided through this website ("Site").
If you do not agree with any of these Terms, please refrain from accessing or using this Site, any services offered through it, or any information contained therein. By registering an account with us, or by utilizing and visiting our Site, you consent to adhere to these Terms and signify your ongoing acceptance thereof.
1. Our Services
1.1 shopexperts provides services for website customization. We facilitate connections between website and business owners ("Clients") who require updates to their existing websites or other coding services and freelance web developers and designers ("Experts") capable of executing these updates.
As mentioned in clause 1.1 above, within the term 'Experts' used further in the document, shopexperts encompasses primarily developers and designers who act as independent contractors, but may also include other niche experts that shopexperts finds necessary to engage in work with the goal of maximizing the service value for its Clients.
Within the term 'Services,' shopexperts encompasses both the corporate entity and Experts engaged by shopexperts to provide their expert services to Clients. It is important to note that any references to shopexperts concerning the Services include both the corporate entity and its Experts, collectively delivering services to Clients.
1.2 Clients may submit a request for website updates ("Project") as indicated in Clause 2 below. Following submission, the request may either be assigned to an Expert by shopexperts or proactively selected by an Expert, depending on the nature of the request, for further assessment and engagement. An estimation of the Project's scope, including the anticipated number of hours required to complete all tasks, will be determined at the discretion of the Experts.
By submitting a Project, you consent and confirm that you possess the authority to authorize shopexperts and/or the assigned Expert to access your website for the purpose of executing our Services.
1.3 Unless expressly stated otherwise herein, Clients concur that any Project submitted to shopexperts is on a non-proprietary and non-confidential basis. Should the Client not designate a Project as private, it will be considered public, and certain details of the Project, such as a description of the work, the cost, the URL of the website, and the company name, may be disclosed on the Site. shopexperts typically does not disclose information about Projects; however, in exceptional circumstances where confidentiality is paramount, Clients may request additional measures to keep the Project confidential by communicating it as part of a request to an Expert at the point of the Project submission. shopexperts will assess such requests on a case-by-case basis.
1.4. It is understood that shopexperts maintains the necessary policies and processes to ensure the expertise, reliability, and integrity of contracted Experts. However, shopexperts does not bear responsibility for the work results, errors, or misunderstandings of additional terms and conditions between Clients and Experts. Should Clients require additional reassurance regarding the terms of engagement, they may request Experts to enter into additional Non-Disclosure or Project Agreements. These agreements, which shopexperts is not a party to, shall be discussed and signed solely between Clients and Experts.
1.5 As a prerequisite for utilizing our Services, you affirm that:
You have attained the age of at least eighteen (18) years.
You will submit only accurate information when registering for our Services and will maintain the accuracy of such information.
Your utilization of our Services will comply with all relevant laws and regulations.
If you are procuring our Services on behalf of a company, you represent that you are an authorized agent with the power to legally bind your company to these Terms and to grant shopexperts the requisite permissions to modify your company's website.
You are neither a citizen nor a resident of, nor located within, a country or region:
(i) in which use or participation is prohibited by law, decree, regulation, treaty, or administrative act; or
(ii) that is subject to Hong Kong SAR China, Canada, U.S. or other sovereign country sanctions or embargoes such as those imposed under the United Nations Act (UNA), Special Economic Measures Act (SEMA) or Justice for Victims of Corrupt Foreign Officials Act (JVCFOA), including without limitation Iran, North Korea, Sudan and Syria; or
You are not a person, nor employed by or associated with an entity, listed on the U.S. Department of Commerce's Denied Persons or Entity List, the U.S. Department of Treasury's Specially Designated Nationals or Blocked Persons Lists, or the Department of State's Debarred Parties List, nor are you otherwise ineligible to receive items subject to U.S. export control laws and regulations, or the economic sanction rules of any sovereign nation.
1.6 shopexperts reserves the right to decline any Project that falls outside its scope, which encompasses, but is not limited to, issues related to communication clarity.
2. Accessing the Services and Project Submission
2.1. Before September 1, 2024:
If you are a registered Client of former HeyCarson and signed up for your account in our internal dashboard CarsonDash (accessible via URL: https://dashboard.heycarson.com/login) before September 1, 2024, you can access your CarsonDash account with the email and password used during registration. Your Project submission through CarsonDash will be automatically forwarded to the Shopexperts platform, where it will be assigned to one of our Experts. An account will be created for you on Shopexperts as part of this process. Once your project is assigned, you will receive an email notification with instructions to sign in and continue communication on the Shopexperts platform.
2.2. Starting in September 1, 2024:
If you have not used shopexperts' services prior to September 1, 2024, you can sign up for an account or submit your request directly through the Shopexperts website. Your request will either be assigned to one of our Experts, or you can select a preferred Expert if you have a recommendation. Communication will take place in a chatroom on our platform, and you will receive email notifications about any new activity, sent to the email address you used during account creation.
2.3. All project submissions and communication regarding details, interim results, deliverables, and more will take place within the shopexperts platform. However, for projects expected to exceed 10 hours, Experts may use additional communication tools to enhance transparency and track progress. This may include the creation of a shared Google Document to track project hours. The document will log the time spent by the Expert on tasks related to the project and will be accessible to both the Client and shopexperts for better oversight.
3. Website Security
By utilizing our Services, Clients acknowledge and agree to provide us with access to their website through the Shopify Partners portal, granting Experts temporary access to facilitate the completion of their Project(s).
Only the assigned Expert will have access to your website. Experts are strictly prohibited from sharing access with anyone for any purpose other than to fulfill your Project requirements. It is strongly advised that Clients revoke access permissions from Experts once the Project is completed.
Clients acknowledge and agree that they are solely responsible for maintaining adequate security measures on their website at all times. shopexperts shall not be held liable for any loss or damage resulting from the Clients failure to comply with these requirements, including the absence of sufficient website security or any other vulnerabilities. In the event of a suspected or detected breach of their website's security, Clients must promptly notify shopexperts without delay.
Clients of CarsonDash are solely responsible for all activities occurring using their password. It is strongly recommended that Clients refrain from sharing their password, allowing anyone else to access their password, or engaging in any actions that might compromise its security. Clients can modify, correct, or remove any information from their account by logging in directly to their account profile or by contacting us for assistance at hello@shopexperts.com.
If a Client suspects or becomes aware of any unauthorized use of their shopexperts account or any other breach of its security, they must notify shopexperts immediately without undue delay. If a Client is responsible for the unauthorized use of their shopexperts account (e.g., due to negligence), they shall be liable for all consequences resulting from the use by a third party.
4. Back Ups
All Clients agree and acknowledge the importance of maintaining backups of their website theme. During the active phase of their Project with an Expert, Clients agree not to make alterations to the theme settings or code.
While Experts at shopexperts endeavor to duplicate and preserve backups within each store's themes panel, Clients are advised that deleting these backups is done at their own risk. It is imperative for Clients to retain Shopexperts's backups to remain eligible for any guaranteed fixes. shopexperts cannot and will not be held liable for any data loss incurred by Clients who fail to adhere to this requirement.
5. Project Types and Validity Period
5.1. shopexperts offers various service engagement options, each with its own terms and validity periods:
Pre-paid hours: This option is designed for Clients who require continuous support and immediate access to a set number of pre-paid hours bundled as a package. Hours are deducted based on the actual time an Expert spends on a task upon its completion. Clients can allocate projects to different Experts within the same pre-paid hours package. This offer is ideal for larger stores that need ongoing technical assistance or are planning major website updates or optimization projects. The validity period for Support Packs is 90 days from the payment date, and Clients will receive notifications about the remaining hours before the expiration date.
Custom Project payments: Custom Project payments are ideal for executing well-defined, one-off tasks. A key feature of this option is that the estimated time and cost are provided before the project begins. The project is considered 'completed' if no revision requests are made within 7 days of the last delivery. However, Clients may request to reopen the project within 30 days of completion if any issues arise. Revisions must align with the original request, while any new requests outside the initial scope will require a separate payment.
Custom Project payments can be made under the following options:
Standard: The expected delivery date is based on 1 hour of development or design work per business day.
Express: The expected delivery date is based on 2 hours of development or design work per business day, or may be expedited depending on the Expert’s workload and availability.
5.2. At shopexperts, we strive to provide a quick turnaround for all clients; however, Pre-paid and Express hours receive the highest priority.
6. Project Estimation and Delivery
6.1. For all projects, whether regular or Express, the Expert will provide an estimated delivery time and attempt to accurately define the number of hours needed based on the initial assessment. However, shopexperts does not guarantee completion within this estimated timeframe, as the estimates may be redefined once the Expert gains full access to the store. Clients acknowledge that the setup and existing apps may impact the requested implementations, and without full access, any estimates provided are considered courtesy assessments and may not be fully accurate.
6.2. shopexperts does not guarantee that an Express Project will be completed within the stated delivery time. If an Express Project exceeds the delivery time, shopexperts will refund the Client the Express Fee. For the purpose of clarity, the refund in Clause
6.3. refers exclusively to the Express Fee.
7. Pricing and Payment
7.1. After reviewing a Clients Project request, an Expert will provide a cost estimate based on the number of hours required to complete the Project, along with a payment link. This estimate can be negotiated, and if any changes are made, the Client will receive a new payment link. Please note that the hourly rates and pricing options displayed on the website as of the effective date of these terms may be subject to change.
7.2. While Experts strive to provide accurate fee quotes initially, additional information discovered after gaining access to your website or any additional requests regarding the Project's scope may require an adjustment to the original quote, potentially increasing the estimated price. In such cases, Experts will promptly notify Clients of any fee increases. If the Client declines to pay the additional cost, the
Expert may, at their discretion:
Complete only the portions of the Project that fit within the original fee quote; or
Cancel the Project, refund any monies paid, and, at their discretion, roll back any work completed, restoring the Clients website to its original state prior to the Project's initiation.
7.3. By using this Site, you expressly authorize shopexperts to bill you for the applicable fees, taxes, and any other charges incurred in connection with your use of the Site. These fees will be charged to your credit card, PayPal, or other payment method on file. If you have an outstanding balance on any account, Shopexperts reserves the right to charge the unpaid fees to your credit card or otherwise bill you for the outstanding amount.
8. Refunds and Cancellations
8.1. For Individual Store Owners:
All projects are subject to a 30-day satisfaction guarantee.
Within the first 30 days of purchase, individual store owners may request a refund or partial refund for any reason.
Refunds requested after 30 days of purchase and after work on the Project has commenced or been completed will not be granted.
8.2. For Agencies:
Shopexperts provides services to agencies under the expectation that agencies possess the necessary expertise to act as an intermediary party, facilitating communication with non-technical clients. Refunds will not be granted to agencies. If you are an agency engaging with shopexperts services on behalf of your client(s), please ensure that you fully understand your clients' requirements and have discussed them with shopexperts's Experts, and have ensured that the desired result is achievable within the scope of our service before making payment, as such payments will not be refunded.
9. Escalations and Reassignments
9.1. shopexperts are committed to delivering prompt and satisfactory results, fostering productive collaboration between both parties. To ensure transparency and customer satisfaction, we have implemented a 30-day satisfaction guarantee period, as outlined in Clause 8.1 above. This timeframe provides ample opportunity to assess the project's direction and ensure it aligns with your expectations.
9.2. If, for any reason, the work does not commence within the initial 30-day period from the date of payment, or if the communication or interim results do not meet your standards, you have the option to request reassignment to another Expert. This can be facilitated by communicating with the current Expert for assistance in the reassignment process or by escalating the matter to shopexperts’s support team at hello@shopexperts.com.
9.3. If you notify us of any dissatisfaction with the interim or final outcome of a project, shopexperts will promptly address your concerns. We will base our decisions on the information available to us. Please note that if communication between Experts and Clients takes place outside our platform, we will not have access to that information and may not have the full context. In cases of escalation, we will speak with the Expert to understand the situation, conduct an investigation, and, if justified, encourage a refund. We may also request collaborator access to your store to review the Expert’s work, and Clients must be prepared to provide this access within 48 hours of our request. After gathering all necessary information, shopexperts’ administrators will make a final decision, which Clients agree will be final and non-negotiable.
9.4. While we aim to protect Clients from unfavorable project outcomes, we also seek to maintain a fair and secure platform for Experts, who undergo a thorough screening process before joining. Therefore, any concerns regarding the outcome of a Project should be raised immediately, or at the latest within 30 days from the payment date. This allows shopexperts the opportunity to resolve disputes promptly, fairly, and based on relevant information. As noted in paragraph 8.1 above, refunds requested more than 30 days after the payment date will not be granted.
10. Expert Engagement and Solicitation:
10.1. shopexperts facilitates connections between Clients and Experts who operate under a fair hourly compensation model. While shopexperts endeavors to ensure the quality of services provided by Experts, it is understood that the Experts themselves bear full responsibility for the work they deliver to Clients.
10.2. shopexperts’s Experts provide services on a contractual basis as independent contractors and are subject to non-compete and non-solicitation clauses. In order to maintain the integrity of shopexperts's platform and uphold fair business practices, Clients agree not to directly solicit services from Experts engaged with shopexperts. Any attempt to engage Experts outside of shopexperts's platform constitutes a violation of these Terms of Service..
Such actions undermine the collaborative framework established by shopexperts and may result in the immediate termination of the Clients relationship with shopexperts. This termination is without recourse for reinstatement. shopexperts reserves the right to take appropriate action to enforce these provisions and protect the interests of all parties involved.
11. Electronic Communications
By utilizing the Site and/or our Services, you provide consent to receive electronic communications from Shopexperts. These electronic communications may encompass notices regarding applicable fees and charges, transactional information, and other details pertaining to or associated with the Site and/or services rendered on or through the Site. These electronic communications constitute a fundamental aspect of your relationship with Shopexperts. You acknowledge and agree that any notices, agreements, disclosures, or other communications we transmit to you electronically will fulfill all legal communication requirements, including those stipulating that such communications be in writing.
12. Third-Party Sites
This Site may include links to third-party sites and/or pages that enable you to interact with or conduct transactions on such third-party sites. Should you choose to access any of these third-party sites, you acknowledge and agree to do so at your own risk. Shopexperts does not verify, make representations, or assume responsibility for such third-party sites, including, but not limited to, the accuracy, quality, or completeness of the content, services, links displayed, or any other activities conducted on or through such third-party sites. Please note that these Terms do not govern your interaction or usage of any third-party sites.
13. Submissions
13.1. You acknowledge that you bear full responsibility for the information, opinions, messages, comments, photos, videos, graphics, sounds, software, and other content or material that you, either directly or through a third party associated with your account, submit, upload, post, or otherwise make available on or through your website (each a "Submission"). You understand that you, and not shopexperts, are entirely responsible for each such Submission, including its legality, reliability, appropriateness, and ownership of trademarks and copyrights. The responsibility of determining whether any material is protected by any such right or is otherwise illegal or inappropriate lies with you.
13.2. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission made available on or through your website. You expressly acknowledge that you are fully responsible for any Submission that you make or cause to be made available on or through your website in connection with any Project.
14. General Use Restrictions
14.1. Shopexperts provides content and Services through the Site. The information, documents, products, and services provided on and through this Site, including content, logos, graphics, and images (collectively referred to as the "Site Materials") that are not Submissions (as defined in Clause 13), are copyrighted and/or trademarked works of Shopexperts or its contributors.
14.2. You are granted a limited, personal, non-exclusive, non-transferable, and non-assignable license to use, display, and make one copy of the Site Materials, and to use the services and this Site. However, except for the license set forth above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site Materials.
14.3. This limited license automatically terminates without notice if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Site Materials. Except as stated herein, you acknowledge that you have no right, title, or interest in or to this Site or any Site Materials.
14.4. shopexperts may report any illegal actions to law enforcement authorities or cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet, when legally required or at shopexperts's discretion.
15. Prohibited Use
15.1. In using the Site and/or our Services, you agree to abide by the following conditions:
Refrain from defaming, abusing, harassing, stalking, threatening, or violating the legal rights of others.
Avoid using racially, ethnically, or otherwise offensive language.
Do not discuss or incite illegal activities.
Abstain from using explicit or obscene language or posting sexually explicit images.
Do not post content that exploits children or minors or depicts cruelty to animals.
Obtain express permission from the owner before posting any copyrighted or trademarked materials.
Do not disseminate unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation.
Refrain from using automated means to access the Site.
Do not take actions that impose an unreasonable or disproportionately large load on our infrastructure.
Avoid altering the opinions or comments posted by others on the Site.
Refrain from taking any action that may harm, damage, disrupt, or overburden the Site, or interfere with any other Clients use of the Site, and/or violate these Terms.
15.2. Please note that the list above provides examples and is not exhaustive. shopexperts reserves the right to suspend or terminate your account, its Services, and your use of the Site for engaging in any unlawful or prohibited activity outlined above or for any conduct deemed inappropriate or disruptive by shopexperts, with or without notice to you.
16. Intellectual Property Rights
shopexperts™ is a registered trademark of shopexperts. Any other trademarks, names, and logos displayed on this Site belong to their respective owners. Unless explicitly stated otherwise in these Terms, all information and screens presented on this Site, including documents, services, site design, text, graphics, logos, images, and icons, as well as their arrangement, constitute the exclusive intellectual property of shopexperts. All rights under applicable laws are expressly reserved by shopexperts.
Without the express permission of shopexperts, any distribution, modification, retransmission, or publication of any copyrighted material owned by shopexperts is strictly prohibited.
17. No Relationship
These Terms do not establish a relationship of agent and principal, partners, joint venturers, or employer-employee between you and shopexperts, or between you and any Expert. Neither party's actions or obligations will bind the other in any way.
18. Disclaimer of Warranties
18.1. shopexperts does not verify or authenticate the Site Materials, Submissions, or any Project information, which may contain inaccuracies, typographical errors, or other mistakes. shopexperts does not guarantee the accuracy or timeliness of the Site Materials or Submissions, and bears no liability for any errors or omissions, whether provided by shopexperts or its licensors.
18.2. shopexperts, its subsidiaries, affiliates, licensors, agents, representatives, third-party service providers, and their respective officers, directors, owners, employees, agents, partners, contractors, representatives, successors, and assignees make no express, implied, or statutory representations, warranties, or guarantees regarding the quality, suitability, truth, accuracy, or completeness of any information or material on this Site.
Unless explicitly stated otherwise, to the maximum extent permitted by law, this Site, the Services, Site Materials, Submissions, and any information or material presented here are provided "as is," "as available," and "where-is," without warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. shopexperts does not warrant against viruses, spyware, or malware that may be installed on your computer.
19. Limitation of Liability
19.1. Clients acknowledge and agree that their use of this Site and/or our Services is at their own risk. shopexperts, its subsidiaries, affiliates, licensors, agents, representatives, third-party service providers, and their respective officers, directors, owners, employees, agents, partners, contractors, representatives, successors, and assignees shall not be held liable for any loss or damage resulting from the Clients' failure to maintain adequate website security or any other vulnerabilities, including, but not limited to, unauthorized access, data breaches, or malicious attacks.
19.2. Furthermore, shopexperts's liability is limited to the extent outlined in these Terms of Service. If a Client is responsible for the unauthorized use of their shopexperts account due to negligence, they shall be liable for all consequences resulting from the use by a third party.
19.3. In the event that shopexperts, its subsidiaries, affiliates, licensors, agents, representatives, third-party service providers, and their respective officers, directors, owners, employees, agents, partners, contractors, representatives, successors, and assignees are found liable to you or any other party for any damage or loss arising out of or in connection with these Terms, your use of the Site, and/or our Services, the total cumulative liability shall not exceed an amount equal to the fees paid by you to shopexperts for our Services.
20. Indemnity
You agree to indemnify, defend, and hold harmless shopexperts, its affiliates, service providers, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers from and against any and all claims or liabilities, including costs and legal fees, arising from or in connection with your violation of these Terms, your use of the Site, and/or your engagement of our Services.
21. Compliance with Local Laws
shopexperts makes no representation that the Site and its contents are appropriate or available for use in any jurisdiction. You agree to abide by all federal, state, and local laws, regulations, and rules that apply when you use the Site and/or our Services.
22. Access and Availability of Site
We do not guarantee uninterrupted, continued, or secure access to the Site. Certain parts of the Site may become unexpectedly unavailable for various reasons, including system malfunctions, disruptions, Internet access downtime, and other technical issues beyond our control. We cannot and shall not be held responsible for such occurrences.
You agree that your use of the Site is at your own risk and that we shall not be liable for any damage or loss resulting from your inability to access or use the Site for any reason whatsoever. We reserve the right to take any part or all of the Site offline for various reasons, including system maintenance or upgrades.
23. Feedback
If you send or transmit any communications, comments, questions, suggestions, or related materials to shopexperts, whether by letter, email, telephone, or otherwise (collectively referred to as "Feedback"), suggesting or recommending changes to the Site and the Services offered through the Site, or Site Materials, including new features or functionality, all such Feedback is considered non-confidential and non-proprietary.
By providing Feedback, you agree that shopexperts has the right to use, without any obligation to compensate or attribute to you, any ideas, know-how, concepts, techniques, or other intellectual property contained in the Feedback. This includes, but is not limited to, developing, manufacturing, licensing, marketing, and selling products and services.
You acknowledge that shopexperts is not obligated to use, display, reproduce, or distribute any ideas, concepts, or techniques contained in the Feedback, and you have no right to compel such use.
24. Termination
24.1. If you breach these Terms, shopexperts reserves the right to terminate or suspend your access to the Site without prior notice. While shopexperts generally prefers to advise Clients of any inappropriate behavior and recommend corrective actions, certain violations may result in immediate termination of access.
24.2. However, shopexperts may, at its sole discretion, choose to provide notice of inappropriate behavior and recommend corrective action instead. Please note that shopexperts is not obligated to provide prior notice of any termination of your account, access to the Site, or its services.
24.3. Furthermore, shopexperts reserves the right to discontinue providing access to the Site, its materials, and services, or any part thereof, at any time and without prior notice. You acknowledge and agree that termination of access under any provision of the Terms may occur without prior notice.
24.4. It's important to note that certain clauses, including those pertaining to intellectual property, disclaimer of warranties, limitation of liability, indemnities, governing law, and dispute resolution, will continue to apply even after termination of these Terms.
25. Severance
In the event that any provision or part-provision of these Terms is deemed invalid, illegal, or unenforceable, it shall be adjusted to the minimum extent necessary to ensure its validity, legality, and enforceability. If such adjustment is not feasible, the relevant provision or part-provision shall be removed entirely.
However, any modification or removal of a provision or part-provision under this clause shall not impact the validity or enforceability of the remaining Terms.
26. Data Privacy and Protection
shopexperts endeavors to protect the security and privacy of Clients' personal data. For more information, please refer to our Privacy Policy here.
27. Modification
We reserve the right to modify or amend these Terms at any time, with or without notice, to reflect changes, with or without cause.
28. Waiver
No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy. Nor shall it prevent or restrict the further exercise of that or any other right or remedy. Similarly, no single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
29. Entire Agreement
These Terms constitute the entire agreement herein and supersede all prior or contemporaneous oral or written agreements.
30. Governing Law and Dispute Resolution
30.1. These Terms and any dispute or claim arising out of or in connection with its subject matter and/or formation shall be governed by and construed with the laws of the Hong Kong Special Administrative Region.
30.2. Any dispute or claim arising out of, or in connection with these Terms, or its subject matter and/or its formation, including but not limited to, disputes about the validity, scope or enforceability of these Terms to arbitration ("Disputes") shall be settled by binding arbitration in accordance with the commercial rules of arbitration of the Hong Kong International Arbitration Center (HKIAC). Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Hong Kong, and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Hong Kong necessary to protect the rights or property of you or shopexperts pending the completion of arbitration.
30.3. Notwithstanding Clause 30.2 above, you or shopexperts may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies to be initiated at the Small Claims Tribunal, or (ii) you opt-out of these arbitration procedures within thirty (30) days from the date that you first consent to this agreement ("Opt-Out Deadline"). Your written notification must include (i) your name, (ii) your address, and (iii) a clear statement that you do not wish to resolve disputes with shopexperts through arbitration. Your decision to opt-out of arbitration will have no adverse effect on your relationship with shopexperts. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration (or Small Claims Tribunal as designated above).
30.4. For all Disputes, whether pursued in court or arbitration, you must first give shopexperts an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Swift Commerce Limited, 2A, 17/F, Glenealy Tower, No1 Glenealy, Central, HKG. That written notification must include (i) your name, (ii) your address, (iii) a written description of your Claim, and (iv) a description of the specific relief you seek. If shopexperts does not resolve the Dispute within forty-five (45) days after it receives your written notification, you may pursue your Dispute in accordance with this Clause 30.
30.5. Where permitted by law, you and shopexperts agree that any cause of action arising out of or in connection with your use of the Site, and the services available through the Site, or any Site Materials must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
30.6. For the purpose of this Provision, "shopexperts" means shopexperts as a corporate entity and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents.
31. Contact Us
If you have any questions about these Terms or otherwise need to contact Shopexperts for any reason, you can reach us at hello@shopexperts.com.