Terms and Conditions of Use
Last updated: 17 Nov 2023
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About These Terms and Conditions and Information about Us
1.1. Scope. These terms and conditions (“Terms”) apply to the use of the website https://www.milwaukeetool.mn/ (“Website”) operated by us.
1.2. Why you should read these Terms carefully. Please read these Terms carefully before using our Website. Use of our Website includes, without limitation, accessing, browsing, or registering to use our Website. By using our Website, you agree to be bound by these Terms, together with our Privacy Policy, and Warranty Terms and Conditions (if you purchase our product(s)). If you do not agree to these Terms, you must not use our Website.
1.3. Who we are. We are (a) Techtronic Asia Company Limited (Company Number: 39085), a limited liability company incorporated in Hong Kong SAR of the People’s Republic of China with the registered office at 29/F, Tower 2, Kowloon Commerce Centre, 51 Kwai Cheong Road, Kwai Chung, New Territories, Hong Kon SAR; and (b) Techtronic Trading (Shanghai) Limited (百邦国际贸易（上海）有限公司) (Unified Social Credit Identifier: 91310000703011830D), a limited liability company incorporated in the People’s Republic of China with the registered office at Room 523, 5th Floor, Hengshan International Business Building, No.38 Yinglun Road, China (Shanghai) Pilot Free Trade Zone, People’s Republic of China.
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Eligibility to Use Our Website
2.1. Eligibility to use our Website. Our Website is intended for and directed to users who are at least 18 years old and are residing in and using our Website within Mongolia. We do not represent that content available on or through our Website is appropriate for use or available in other locations. If you use our Website from outside Mongolia, you do so at your own risks and you are responsible for compliance with laws applicable to your use of our Website from your location.
2.2. Our other websites. If you are not residing in or using our Website within Mongolia, you may use the website of the country/ region in which you are residing below:
Country/ region Country-specific/ region-specific website Hong Kong SAR https://www.milwaukeetool.com.hk/ Japan https://www.milwaukeetool.co.jp/ Mainland China https://www.milwaukeetool.cn/ Malaysia https://www.milwaukeetool.my/ Singapore https://www.milwaukeetool.com.sg/ South Korea https://www.milwaukeetool.co.kr/ Taiwan https://www.milwaukeetool.com.tw/ Thailand https://www.milwaukeetool.in.th/ Vietnam https://www.milwaukeetool.com.vn/ Other country/ region in Asia https://www.milwaukeetool.asia/ Countries/ regions outside of Asia https://www.milwaukeetool.com/Country-Selector/
2.3. Ensuring others’ compliance. You are responsible for ensuring that all persons who use our Website through your internal connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
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Intellectual Property Rights and How You may Use Materials on Our Website
3.1. Intellectual property rights. We are the owner or the licensee of all intellectual property rights in our Website and its entire contents, features, and functionality (including, without limitation, all information, data, text, software, music, audio, photographs, images, graphics, displays, and video, and the design, selection, and arrangement thereof). Our Website and its entire contents, features, and functionality are protected by Mongolia and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties. All such rights are reserved.
3.2. Trademarks. Our company name, “Milwaukee”, our company logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or the trademarks of our affiliates or licensors. Unless otherwise expressly provided herein, you must not reproduce, download, or otherwise use any such marks without our prior written permission.
3.3. Printing or downloading a copy. You may print or download one copy, or extracts, of any page(s) from our Website for your personal, non-commercial use, and not for further reproduction, publication or distribution. You may also draw the attention of others to the content on our Website.
3.4. Acknowledgment of authorship. Our status and the status of any identified contributors as the authors of content on our Website must always be acknowledged.
3.5. No modifications. You must not modify the paper or digital copies of any materials you have printed out or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Website.
3.6. No commercial use. You must not use any part of our Website, or any content on it, for commercial purposes.
3.7. Social media features. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
3.8. Consequences of non-compliance. If you print off, download, or copy any part of our Website in breach of these Terms, your right to use our Website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.
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User Contributions
4.1. Interactive features. Our Website may contain comment threads, message boards, forums, personal web pages or profiles, and/or other interactive features (collectively, “Interactive Features”) that allow users to post, submit, publish, display and/or transmit to other users or persons (collectively, “Post”) content or materials (“User Contribution(s)”) on or through our Website.
4.2. Compliance with content standards. All User Contributions must comply with the content standards set forth in Clause 5 (“Content Standards”). We have the right to remove any User Contribution you Post on our Website if, in our opinion, such User Contribution does not comply with the Content Standards.
4.3. Licence to use User Contributions. Any User Contribution you Post on or through our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in the User Contribution. However, by Posting any User Contribution on or through our Website, you grant us and our affiliates and service providers, and our and their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Contribution, or any part thereof, for any purpose.
4.4. Violation of third party’s rights. To the maximum extent permitted by applicable law, we have the right to disclose your identity to any third party who claims that any User Contribution Posted by you on or through our Website violates his/her/its rights, including, without limitation, intellectual property rights and right to privacy.
4.5. Your representations and warranties. You represent and warrant that: -
(a) you own all rights in and to your User Contributions and have the right to grant us and our affiliates and service providers, and our and their respective licensees, successors, and assigns the licence pursuant to Clause 4.3; and
(b) all of your User Contributions do and will comply with these Terms.4.6. Removal, refusal, etc. of User Contributions. We reserve the right to, at our sole discretion, remove, refuse to Post, or take any other action, with respect to any User Contribution for any or no reason, and without any liability.
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Content Standards
5.1. Scope of application. The Content Standards set forth in Clause 5.2 apply to any and all User Contributions, the use of social media features and Interactive Features, and linking to our Website in accordance with Clause 7.
5.2. Content Standards. User Contributions, the use of social media features and Interactive Features, and linking to our Website must in their entirety comply with all applicable local and international laws, regulations and rules. Without limiting the generality of the foregoing, User Contributions, the use of social media features and Interactive Features, and linking to our Website must not: -
(a) contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
(b) contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(c) infringe any trademark, trade secret, copyright or other intellectual property rights, or other rights of any other person;
(d) violate the legal rights (including, without limitation, the rights of publicity and privacy) of others;
(e) ontain any material that can give rise to any civil or criminal liability under applicable laws, regulations or rules, or that otherwise may be in conflict with these Terms and/or our Privacy Policy;
(f) be likely to deceive any person;
(g) promote any illegal activity, or advocate, promote, or assist any unlawful act;
(h) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
(i) impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;
(j) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
(k) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. -
Prohibited Uses
6.1. Permitted uses. You may use our Website only for lawful purposes and in accordance with these Terms.
6.2. Prohibited uses. You agree not to: -
(a) use our Website in any way that violates any applicable local or international law, regulation or rule;
(b) use our Website for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(c) use our Website to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards;
(d) use our Website to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
(e) use our Website to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
(f) use our Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm us or any user of our Website or expose him/her to liability;
(g) use our Website in any manner that could disable, overburden, damage, or impair our Website or interfere with any other party’s use of our Website;
(h) use any robot, spider or other automatic device, process or means to access our Website for any purpose, including, without limitation, monitoring or copying any of the material on our Website;
(i) use any manual process to monitor or copy any of the material on our Website or for any other unauthorised purpose, without our prior written consent;
(j) use any automatic or manual process to reverse engineer or decompile any part of our Website;
(k) use any device, software or routine that interferes with the proper working of our Website;
(l) introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
(m) attempt to gain unauthorised access to, interfere with, damage or disrupt any part of our Website, the server on which our Website is stored, or any server, computer or database connected to our Website;
(n) attack our Website via a denial-of-service attack or a distributed denial-of-service attack; and/or
(o) otherwise attempt to interfere with the proper working of our Website. -
Linking to Our Website
7.1. How you may link to our Website. You may link to our homepage, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
7.2. What you must not do. You must not: -
(a) establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent;
(b) cause our Website or any part of it to be displayed on, or appear to be displayed by, any other sites, for instance, framing, deep linking, or in-line linking; and/or
(c) create a link to any part of our Website other than the homepage.7.3. Withdrawal of permission. We reserve the right to, at our sole discretion, withdraw any linking permission for any or no reason, without notice and without any liability.
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Modifications, Suspension, Withdrawal and Termination, etc.
8.1. Changes to these Terms. We may, at our sole discretion, modify these Terms at any time, by publishing the modified Terms on our Website. All changes are effective immediately when the same are published on our Website. Every time when you wish to use our Website, please check these Terms to ensure that you understand the terms and conditions that apply at that time.
8.2. Changes to our Website. We may, at our sole discretion, update and change our Website, or any content on it, from time to time. We will try to give you reasonable notice of any major changes.
8.3. Suspension or withdrawal of our Website. Our Website is made available free-of-charge. We do not guarantee that our Website, or any content on it, will always be available, uninterrupted or error-free. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
8.4. Suspension or termination of access to our Website. We have the right to, at our sole discretion, suspend or terminate your access to all or part of our Website for any or no reason, including, without limitation, any violation of these Terms, and without any liability.
8.5. Legal actions. We reserve the right to, at our sole discretion, take the appropriate legal action, including, without limitation, referral to the relevant law enforcement authorities, for any violation of these Terms. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of you.
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Disclaimers
9.1. General. To the maximum extent permitted by applicable law, we make no representations, warranties, guarantees, or conditions of any kind whatsoever, whether express or implied, in connection with these Terms, our Website, or any information, content or materials associated with our Website, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.
9.2. User Contributions. User Contributions have not been verified or approved by us. The views expressed by you or other users on our Website do not represent our views or values. We are not responsible or liable for the content or accuracy of any and all User Contributions Posted by you or any other user of our Website. You are solely responsible for any User Contribution you Posted, including, without limitation, its legality, reliability, accuracy and appropriateness.
9.3. Information on our Website. The information presented on or through our Website is made available solely for general information only. We make no representations, warranties, guarantees, or conditions of any kind whatsoever, whether express or implied, of the accuracy, completeness, or usefulness of any of the information. Any reliance you place on any such information is strictly at your own risks. We disclaim all responsibilities and liabilities arising from or in relation to any reliance placed on any such information by you or any other user of our Website, or by anyone who may be informed of any such information.
9.4. Sites and resources that we link to. Where our Website contains links to other sites (including, without limitation, banner advertisements and sponsored links) and resources provided by third parties, they are provided for your information only. Those links and resources should not be interpreted as our endorsement or approval of those linked websites, resources, or information that you may obtain from them. We have no control over the contents of those sites or resources. If you access or use any of those sites or resources, you do so entirely at your own risks and subject to the terms and conditions of use for those sites or resources. We disclaim all responsibilities and liabilities arising from or in relation to any access to or use of any of those sites or resources by you or any other user of our Website, or by anyone who may be informed of any of those sites or resources.
9.5. Viruses. We make no representations, warranties, guarantees, or conditions of any kind whatsoever, whether express or implied, that our Website will be secure or free of bugs or viruses or any other type of malicious or destructive code or software. It is your responsibility to ensure that you have up-to-date and effective anti-virus and anti-malware software on your computer, mobile device, server, network infrastructure or any other device through which you use our Website.
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Limitation of Liabilities
10.1. Exclusion of liabilities. To the maximum extent permitted by applicable law, we, our affiliates, licensors, and service providers, and our and their respective directors, officers, employees, and agents shall in no event be liable for any damages, losses, costs, expenses, liabilities, injuries, or claims whatsoever, whether direct, indirect, special, punitive, incidental, or consequential, in contract, tort (including negligence), under statute or otherwise, arising out of or in connection with your use, or inability to use, our Website, any sites linked to our Website, any content on our Website or such other sites, or any products, services or items obtained through our Site or such other sites, including, without limitation, personal injury, loss of revenue, loss of profits, loss of anticipated savings, loss of goodwill, loss of business opportunities, and loss of data.
10.2. Limitation of liabilities. To the maximum extent permitted by applicable law, if, notwithstanding any other provisions of these Terms, we are found to be liable to you for any damages or losses which arise out of or in connection with your use, or inability to use, our Website, any sites linked to our Website, any content on our Website or such other sites, or any products, services or items obtained through our Site or such other sites, our aggregated liability shall in no event exceed USD5,000.
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Indemnification
You agree to defend, indemnify and hold harmless us, our affiliates, licensors, and service providers, and our and their respective directors, officers, employees, agents, contractors, successors and assigns, from and against any damages, losses, costs, expenses, liabilities, injuries, or claims whatsoever (including, without limitation, reasonable attorneys’ fees), arising out of or in connection with your violation of these Terms, your use of our Website, including, without limitation, your User Contributions, your use of any of our Website’s contents, services or products, or any information obtained from our Website, other than as expressly authorized in these Terms.
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General
12.1. Severance. If for any reason any provision of these Terms shall be held by a court or other authority to be invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
12.2. No waiver. Even if we delay in enforcing any provision of these Terms, we can still enforce it later. We may not immediately chase you for not doing something or for doing something that you are not allowed to, but that doesn’t mean that we cannot do it later.
12.3. Entire agreement. These Terms, together with our Privacy Policy, and Warranty Terms and Conditions (if you purchase our product(s)), set out the entire agreement between you and us with respect to the use of our Website.
12.4. Language. These Terms are written in English language and are translated into Mongolian language. In case of any inconsistency or ambiguity between the English and Mongolian versions of these Terms, the English version shall prevail.
12.5. Governing law. These Terms shall be governed by the laws of Mongolia.
12.6. Dispute resolutions. If you have any complaints about our Website, please contact us in accordance with Clause 12.7. We will do our best to resolve any problems you have with our Website. If you are not satisfied with the outcome, you can bring claims against us in the courts of Mongolia, which shall have the exclusive jurisdiction to resolve any dispute between us arising from these Terms.
12.7. How to contact us. You may contact us by:
(a) calling our authorized distributor, Grey Stone Limited Liability Company (“Authorized Distributor”), at +976-7755-2737;
(b) emailing our Authorized Distributor at info@greystone.mn; or
(c) filing out the Contact Us Form.