Terms of Service - Custom PCB Prototype the Easy Way

Terms of Service Last updated: August, 2020

This website is operated by PCBWay. Throughout the site, the terms “we”, “us” and “our” refer to PCBWay. PCBWay is comprised of different legal entities including PCBWay,PCBWay.com,pcbway.es,pcbway.jp,pcbway.ru,pcbway.fr and JDB TECHNOLOGY CO.,LTD. These Terms are issued on behalf of each of these companies and their affiliates, so when we mention “PCBWay,” "we", "us" or "our" in these Terms, we are referring to the relevant PCBWay entity.PCBWay offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, purchasing something and/ orcustom parts from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS: You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS: We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You represent and warrant that all information You submit to the Site is accurate and truthful and that You have the full right and authority to provide us with all User Content, documentation, drawings and specifications, and You are authorized to grant the license referred to in Section 11.

SECTION 3 - Acceptable Use Policy

The following terms constitute our “Acceptable Use Policy”:
(i) You understand that PCBWay does not accept Export Controlled Data. “Export Controlled Data” is defined as data which is controlled for export under E.U. or US law, as applicable based on Your place of order, residency and/or status under E.U. and U.S. law. Under E.U. law, this includes (technical) data and/or end Parts that are: (1) controlled under the Common Military List of the European Union or any EU Member State equivalent, or (2) subject to the EU Dual Use Regulation 428/2009 (as amended by Regulation 2019/2199). Under U.S. law, this includes technical data and/or end Parts that are: (1) controlled under the International Traffic in Arms Regulations, or (2) subject to the Export Administration Regulations, and controlled at any level beyond EAR99.
(ii) You certify that Your data (including PCB files,3D CAD Data, 2D technical drawings PCB files, Assembly files and Electronic related documents) and/or Your Order DOES NOT include Export Controlled Data.
(iii) You understand that by uploading Your data to the Site, You are exporting data to another country. PCBWay maintains operations abroad, employs persons abroad, and has printing and manufacturing partners abroad.
(iv) You certify that You understand that it is Your responsibility to determine and provide the appropriate export classification for the products and related technology and software to be provided to PCBWay and to comply with prohibition on Export Controlled Data provided herein. PCBWay relies entirely on You to provide accurate information for purposes of compliance with applicable export control laws. The export classification indicates whether the product and related technologies are controlled, the relevant jurisdiction or jurisdictions, when an export license is required, and whether the product and technology qualify for a license exception. An incorrect classification could result in export control violations, which could in turn lead to significant fines and other sanctions.
(v) You represent and warrant that the production, shipping, sale and use of the Parts or tooling by us in response to Your Order, does not violate any export control laws or regulations.
(vi) You represent and warrant that You will not, directly or indirectly, (1) sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from PCBWay to any destination, entity, or person prohibited by law or regulation or (2) use Parts for any use prohibited by law or regulation, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
(b) You further represent and warrant that You will only use the Site in compliance with, and understand and agree with our PCBWay content policy (the “Content Policy”), as follows. You represent and warrant that Your User Consent (including 3D CAD Data, 2D technical drawings PCB files, Assembly files and Electronic related documents),Your Order and/or the production, shipping, sale and use of the Parts or tooling by us:
(i) Does not contain any weapons. “Weapons” is broadly defined as:

Firearms, firearm component parts, or ammunition. This includes (1) any device which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (2) any device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive; (3) any component part integral to the safe firing of a projectile by means of an explosive from a device described in (1) or (2); and (4) ammunition including cartridge cases, primers, bullets, or propellent powder designed for use in any firearm;
Bladed weapons. This includes knives designed to cause bodily harm and any part or component thereof. A bladed weapon includes automatic knives, knives that are undetectable by a metal detector, stilettos, switchblades, butterfly knives, throwing knives, folding knives, gravity knives, and disguised knives (for example, a sword cane).
Explosive devices. This includes grenades, rockets, explosives, incendiary devices, missiles, land mines, and related parts or components thereof;
Toy guns or other items with arms-like appearance. This includes paintball guns, airsoft guns, training weapons, mock guns, mock weapons, weapon replicas and items that look like a gun or other weapon; and
Arms-related items and/or weapon accessories. Accessories, parts or components to any weapon if that accessory/part/component contributes to the functioning of the weapon and/or attaches to the item. For example, this includes scopes, mounts and knife handles because they are attached to a weapon, but would not include a knife case or holster because they are neither attached to nor contribute to the functioning of the weapon.

(ii) Does not contain any critical (functional) parts for aerospace, watercraft, offshore, automotive and or medical applications;
(iii) Does not violate, misappropriate or infringe any intellectual party rights (including but not limited to any copyright, patent, design right, trademark, trade secret or any other proprietary rights) or any third party rights;
(iv) Does not contain information, which is false, inaccurate, misleading, harassing, racially or ethnically offensive, discriminatory, harmful to minors, libelous or defamatory, including information used to produce counterfeit goods;
(v) Is not contrary to or in violation of any applicable law or regulations or public policy; and
(vi) Does not violate our Export Control Policy.
(c) Please be informed that the use of our Site and/or uploading of User Content to print a firearm may be punishable by law. PCBWay has a (statutory) obligation to report User Content and/or Orders for firearms that it considers reasonably suspicious.
(d) PCBWay reserves the right to reject any use of our Site and/or Order that is based on User Content that it feels—in its discretion—violates this Acceptable Use Policy. It is and remains Your sole responsibility to comply with this Acceptable Use Policy when using the Site and/or uploading designs to the Site and placing Orders. PCBWay is not obliged to check the User Content before accepting or executing any Order or having the Parts manufactured by its manufacturing partners.
IF YOU HAVE ANY DOUBT WHETHER YOUR USE OF THE SITE AND/OR USER CONTENT AND/OR THE PRODUCTION, SHIPPING, SALE AND USE OF THE PARTS OR TOOLING BY US IS PERMITTED UNDER OUR ACCEPTABLE USE POLICY, DO NOT USE THE SITE OR UPLOAD YOUR DATA.
Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against You in our sole discretion if You violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying Your User Content, terminating Your Account, and/or reporting You to law enforcement authorities. Any attempt by You to damage the Site or to undermine the legitimate operations of PCBWay’ business or services may be a violation of criminal and civil laws and should any such attempt be made; we reserve the right to seek damages from You to the fullest extent permitted by law.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION: We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Account Responsibilities: You are responsible for maintaining the confidentiality of Your Account login information and are fully responsible for all activities that occur under Your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of Your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

SECTION 5.1 - MODIFICATIONS TO THE SERVICE AND PRICES: Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5.2 - Surcharge Policy: Description of the charges for the extra charges of the website other than the product price:
Logistics fee: When your product needs logistics service, need to charge the corresponding logistics fee.
Bank fee: When you accept the purchase of goods from PCBWay, you may need to pay an extra fee of varying proportion to PCBWay when you use your debit card or credit card to pay. PCBWay is used to pay the fee of a third-party payment company.
VAT: When you are an EU country and need the VAT service of IOSS, you may need to pay the corresponding VAT, VAT = VAT rate (VAT rate of each EU country) ×(CIF price+import tariff)
Tariff: When you need DDP(Delivered Duty Paid) service, it will generate corresponding DDP service fees and corresponding import duties and other taxes.
DDP service fee: the operation fee required when paying customs duties on behalf of DHL service.

SECTION 6 - PRODUCTS OR SERVICES (if applicable): Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Return Policy.

SECTION 8 - OPTIONAL TOOLS: We may provide you with access to third-party tools over which we neither monitor nor have any control 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 and 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 services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS: Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully 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 should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS: If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION, License AND Publicity: Your submission of personal information through the PCBWay is governed by our Privacy Policy. The ownership of the file you uploaded remains yours, the design will remain your sole intellectual property.
License. By providing User Content to PCBWay, You grant PCBWay an irrevocable, non-exclusive, perpetual, royalty-free, fully paid up, worldwide, transferable and sub-licensable right and license to use, copy, modify, reproduce, distribute and display the data (including 3D CAD Data, 2D technical drawings PCB files, Assembly files and Electronic related documents), documentation, drawings and specifications in Your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of (1) providing the Site and all information, recommendations and/or services provided to You on or through our Site and (2) to improve our products and services, improving our machine learning and pricing algorithms. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content.
Publicity. By creating an account on the Site, You authorize PCBWay to use Your trademarks, logos, names or signs for marketing purposes. This means that PCBWay may mention You as a customer of PCBWay on our Site and in other promotional material such as advertising, press releases, interviews, promotional materials or presentations. We will not use Your name if You are a natural person, and the substantive content provided by You continues to be governed by the confidentiality clauses in these Terms.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS: Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES: In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or UK’s regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY: We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Non-exclusivity. The contractual relationship is non-exclusive. Each party is free to contract with other third parties subject to its obligations under these Terms. You agree that nothing (including using our Site, or PCBWay reviewing Your files and/or quote) will preclude us from manufacturing other parts or working with other companies, whether or not those companies or parts are substantially similar to, or competitive with, Your files, Parts or Order and/or the services that we provide to You.

SECTION 15 - INDEMNIFICATION: You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY: In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Sanctions. You may not use this Site or any PCBWay’s services if You are the subject of U.S. or E.U. sanctions or of sanctions consistent with U.S. or E.U. law imposed by the governments of the country where You are using the Site and/or PCBWay’s services.

SECTION 18 - ENTIRE AGREEMENT: The failure of us 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 to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW: When completing your purchase, a billing statement including 'pcbway.com' and the country code such as 'HK','UK', etc. would be displayed on the payment page and/or your card statement. All purchases will be processed by our respective entity in the corresponding country as indicated by the country code in the billing statement and are governed by the Local Law.

SECTION 20 - CHANGES TO TERMS OF SERVICE: You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole 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 check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION: Questions about the Terms of Service should be sent to us at Service@pcbway.com.
Customers will only be charged once for shipping costs (this includes returns); No-restocking to be charged to the consumers for the return of a product.

About PCBWay

HK WEIKU TECHNOLOGY COMPANY LIMITED
LEVEL 54, HOPEWELL CENTRE 183 QUEEN'S ROAD EAST HK

SERVICES OFFICE (FRANCE)
2 rue du nouveau bercy - 8e étage 94220 Charenton le Pont, France
France: 9:30 - 17:30, Mon.- Sat.(12a.m.)
Phone: +33 (0)156294053

Shenzhen JDB technology co., LTD. Hangzhou branch
Room 1103-1109, No.2 Building, Est Mall Business Center, No.698 Changbang Road, Xiacheng District, 310004, Hangzhou, Zhejiang Province, China.

SHENZHEN JDB TECHNOLOGY CO.,LTD

PCBWay Prototype to volume production Factories(SHENZHEN)
Room 301,Building No.32,Longwangmiao Industrial Zone,Fuyong Street,Bao'an District, Shenzhen, China

GMT+8:9:00 - 18:00, Mon.- Sat.(12a.m.)
Phone: +86 571 8531 7532
Email time China:9:00 - 23:00 Mon.- Sun.
Your sales rep. (Any questions support):
Sending a message.
After-sales/Complaint: feedback@pcbway.com
Complaint about Sales rep.: service@pcbway.com
Suggestions/Distributor: anson@pcbway.com
Cooperations: simon@pcbway.com
CNC/3D: 3dcnc@pcbway.com
Multi-language customer service:
Français: fr-sales01@pcbway.com
Española: es-service@pcbway.com
русский: service@pcbway.ru
日本語: service25@pcbway.com

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