These Terms and Agreements (“Terms of Use”) govern your membership or access to Dawan Global.com and its associated mobile sites (the “Dawan Global Sites” or the “Sites”) and your purchases and use of products and services available through the Dawan Global Sites. The Dawan Global Sites are operated by Dawan5 Global, L.L.C. and/or its subsidiaries and affiliates (collectively, “Dawan Global”). Your use of the Dawan Global Sites and these terms are also governed by the Website Terms of Use (“Terms of Use”). By establishing membership on the Dawan Global Sites or purchasing or using products or services through the Dawan Global Sites, you acknowledge and agree to the following:


GENERAL

These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Dawan Global, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
 You shall establish and use your membership on the Dawan Global Sites, and purchase and use the products and services available through the Dawan Global Sites in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Dawan Global may be recorded.

DAWAN GLOBAL MEMBERSHIP

Establishing a Membership

You may establish membership on the Dawan Global Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, at Dawan Global’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.

Use of Membership

You shall not use your Dawan Global membership for any purpose competitive to Dawan Global. Doing so will constitute a $5,000 penalty. You will notify Dawan Global immediately of any unauthorized use of your Dawan Global membership or the Dawan Global Sites known to you, whether by you or a third party.

Membership Termination

You may cancel your Dawan Global membership at any time by contacting Dawan Global customer support as specified in the “Contact Us” page on the Dawan Global Sites. Dawan Global may terminate your membership and refuse any and all current or future use of the Dawan Global Sites or other services, or any portion thereof (1) in order to comply with applicable Law, (2) if you provide any information that Dawan Global determines, at its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Dawan Global determines, at its sole discretion, that you are using your Dawan Global membership in a manner not permitted by these Terms of Service or the HYPERLINK “http://www.gilt.com/company/websiteterms”Terms of Use, or (4) in other circumstances, as Dawan Global deems appropriate at its sole discretion. Please note that termination by you or Dawan Global of your Dawan Global membership may result in the termination of your memberships in Dawan Global’s affiliated websites.

PURCHASES

Order Processing

Dawan Global may, at its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Dawan Global deems appropriate at its sole discretion. Dawan Global also reserves the right, at its sole discretion, to take steps to verify your identity to process your order. Dawan Global will either not charge you or refund the charges for orders that we cancel or do not process.

Product and Service Descriptions

Dawan Global attempts to provide accurate descriptions of products and services on the Dawan Global Sites. Dawan Global does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Dawan Global Sites is not as described, your sole remedy is to return the item for a full refund.

Pricing Information

Dawan Global strives to provide accurate pricing information regarding the products and services available on the Dawan Global Sites. We cannot, however, insure against pricing errors. Dawan Global reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Dawan Global will notify you by email. In addition, Dawan Global reserves the right, at its sole discretion, to correct any error in the stated full retail price.

Product and Service Availability

The Dawan Global Sites may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Dawan Global cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order and sold out by the time Dawan Global attempts to process the order. Should this happen, Dawan Global will notify you by email. Service offerings that are out-of-stock generally are no longer available. If Dawan Global determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. Dawan Global will notify you by email and delete the item from the Dawan Global Sites.

Shipping and Tax

There is no charge for shipping within the 48 contingent states of the United States of America. Please contact us for pricing with regards to international shipping.

GIFT CARDS

Gift Cards may be purchased by contacting Customer Support. Gift Cards and their use, including provisions regarding loss, are subject to the Gift Card Terms and Conditions. If you need assistance with respect to a Gift Card, please call Customer Support.

ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between you and Dawan Global regarding the specific matters herein. All prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service. In the event there is a conflict between these Terms of Service and the Terms of Use with respect to the matters herein, these Terms of Service will control.

SEVERABILITY

If any provision of these Terms of Service prove unenforceable, the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

MODIFICATION OF TERMS OF SERVICE

You acknowledge and agree that Dawan Global may, at its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner.

EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS

Notwithstanding the expiration or earlier termination of your Dawan Global membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.