Terms of Use

 

By entering and using this website(the "Website"), you certify you agree to be bound by these Terms of Use. If you do not abide by (or comply with) any of the following terms and conditions, please do not access or use the website. Updates or revisions of these Terms of Use may be made at WhatsMall Limited's (the "Company") sole discretion. All modifications will be effective immediately upon posting the same on the website without prior notification. Please check these Terms of Use periodically. Continued usage and access of this website signifies you agree to accept the updated or revised Terms of Use.

 

Use of the site

You agree to comply with all policies and procedures established by the Company and all laws and regulations applicable. All actions related to the use of the site should be solely for lawful purposes only.

All information provided including but not limited to registration and billing information must be true, accurate, up-to-date and complete. You will not falsely state, misrepresent your identity or any other information to the Company, any other person or entity. You agree to maintain and update promptly the registration information to keep it true, accurate, updated and complete.

"Contents" of the site including but not limited to, wholly or partly of, text, data, designs, icons, photographs, illustrations, programs or messages posted on the site. You agree you will post or transmit through the website only if the Contents are lawful and comply with ordinances. You agree not to post or transmit through the site any harassing, abusive, threatening or sexist Contents. By using the site, you acknowledged that you may encounter Contents potentially deemed by someone to be offensive, exploit right of publicity or objectionable of any kind although the content may or may not be identified as such. You agree to use the site and any service at your sole risk and the Company and its affiliates shall have no liability to the Contents you posted on the Website. Also, you certify you understand that only the individual who is the source of the Contents shall be fullly responsible for the Contents posted or transmitted through the Website and shall fully indemnify and hold the Company and its affiliates against all kinds of possible liabilities consequences.

You agree not to risk the Website or server or connect Website with any kind of computer programming by any transmission means which may (1) cause termination or interruption of routine operation of the Company's affiliates, colleagues, Suppliers, users and guest (2) automatically or intentionally harvest, collect, view, store or destroy information or data from the Website, (3) breach any of the Company or the Website's security setting.

You agree not to access the Website or any of the Company's account, Suppliers or users account, without authorization.

You agree not to use information from the Website without authorization or for purpose inconsistent with the agreed purpose of the information provider and/or for the purpose inconsistent with the use of the Website.

All electronic communications, including without limitation to, e-mail and message posted on the Website, are required to satisfy any legal requirements applicable in written communications.

All access and the use of the Website is voluntary. You agree you are responsible for any charge; cost or expense related to using the Website and/or obtaining access to the Website.

 

Service Provided

You agree that the Company's services are provided on an "AS-IS" basis. You certify and agree to grant the Company with full right to handle any record and data generated and collected during your registration and usage of the Website. The Company shall have no responsibility to the timeliness of, deletion of, wrong delivery of or failure to store the data.

After registration, an account and password will be assigned to you. You agree that you are solely responsible to maintain the confidentiality of the account and password. You understand and agree you are fully responsible for all activities of and associated with your account.

You understand and agree that the service provided by the Company may include advertisements and certain communication is considered as part of the Company's service. Therefore, you certify you agree to receive such communications from the Company including but not limited to service announcements, administrative messages and Newsletters.

You agree that under any circumstances, including but not limited to equipment, data or system maintenance or error, the Company's security setting, information network connection failures, computer, communications or other systems failures, power failures, strikes, labor disputes, riots, insurrection, marches, demonstrations, disturbance, insufficient productivity or information resource, fires, floods, storms, explosions, war, governmental action, the order of related institutions and departments or neglect of a third-party, overlook of a message, the Company does not assume any responsibility or any forms of consequences.

You agree that you are at your sole risk to utilize the Website. The Company shall have no obligation to review in advance the registration of Supplier's information, information of goods or services, Suppliers' policy, transaction behavior or any transaction-related matters. By submitting your order, you confirm that you have read, understand and agreed to the Delivery, refund and return policy issued by the Suppliers, The Company takes no responsibility for the service or activity being offered in the Website.

The Company makes no warranty to you for the quality, safety, usability, or other aspect of the product or service (the "Items") for which purchasing via the Website. All risks in the Items purchased shall pass to the customer. The Company, shall not be liable, whether in contract, tort or otherwise, for any consequential, indirect or special loss or damage of any kind whatsoever arising from purchasing the Items through the Website or in connection with the Items purchased.

The Company will not involve in transaction between buyers and Suppliers. However, the Company reserves all rights (but not the obligation) to handle, coordinate or mediate dispute and to maintain smooth operation of the Website. You certify you understand that the Company merely relies on ordinary and non-professional knowledge and the information provided by the parties to attempt to handle, coordinate or mediate. The result shall have no legal enforcement power and does not affect any legal rights of any parties. You agree that no obligation, responsibility, liability, damage and loss shall be assumed by the Company for handling, coordination and mediating any disputes or the results thereof. No guarantee will be given that the result would meet with your requirement or expectation. Under all situations and conditions, you agree you are solely responsible for all liabilities, expenses and costs if you suffer losses due to disputes arising from or in relation to the use of the Website.

 

Privacy Policy

You agree the Company to collect, harvest, view, store, analyze, transfer or use any data or information for the Company's operation or any other lawful purposes. Also, you understand the Company may disclose any data or information including but not limited to electronic communication, saved setting, posted message to satisfy any law, regulation, or government request; and for purpose of defending any of the Company, its affiliate or any other related party's rights and properties.

 

Intellectual Property

All intellectual property rights in the Contents are exclusively reserved and owned by the Company, its Supplier and licensors. Unless otherwise specified, all Contents are subjected to legal protection under copyrights, trademarks, patent and/or other forms of intellectual property laws. The name of the Company, logos, services name and other content, including text, graphics, design, programs, arrangement and/or the assembly of the contents, designed by the Company team are exclusive property of the Company. Other names, logos, icons, graphic, design, as shown on the Company's Website or linked with the Company are exclusive property of respective companies. You agree not to breach any intellectual property laws and/or copy, modify, reassembly, decompile the Contents or part of the Contents for any purpose other than the purpose for which the content is provided to you.

 

Limitation of Liability

You agree to use the Website at your own risk. No legal responsibility or liability, both direct and indirect, under any conditions or events, including any conditions where the Company has been stated or should have known the potential of such damage or drawbacks, shall be liable by any parties including but not limited to the Company, its affiliates, directors, employees, operators, designers, Supplier or any parties directly or indirectly involved in producing, operating, transmitting the Website.

 

Third Party Information

The Website may contain information, offers or other materials of third parties or may directly or indirectly link to such contents, advertising, products or other materials. No examination obligation with regards to these contents and information shall be assumed by the Company and no warranty related to these contents or information is granted by the Company. You should be fully responsible to review the security of these contents and information, including but not limited to the privacy settling, potential damage due to computer programming, dispute transactions or fraud before accessing the linked site or making any relevant decision such as taking an inviting offer.

If you access any contents released by any third-party site or provided by a third-party which may link to, both directly or indirectly, or post on the Company's Website, it is done solely at user's own volition and in good faith, the Company is not responsible for any liabilities related to the content of any third party site or information provided by the third party. Any of these contents also does not represent or associated with the Company's stance or view. If you link to any third party site, it is solely at your own risk.

 

Submission of unsolicited Idea

The Company may coincidently provide service, execute marketing campaign or other acts which you would have considered as accepting or considering your ideas or messages. For the avoidance of potential misunderstandings regarding any intellectual property rights, please do not send us any unsolicited ideas or messages in any forms. Otherwise, regardless of your purpose or stated agreement or terms, you agree to give up all rights and obligations for the submission of ideas or messages without any compensation and such submission will automatically become the Company's property.

 

Suspend and Termination

In any occasion or condition including but not limited to violation of the applicable law or this Terms of Use, non-payment of any fee, charges or costs, inactive use of the account, enforced updates included but not limited to the service provided, settings and regulations is not accepted, direct or indirectly apply or utilize another account after termination of a pervious account, and any occasions which the Company considered as appropriate, the Company reserves the right to suspend/ terminate your registered account or limit your access without prior notice. Once the service is suspended or terminated, you agree that you forgo all the right to any related record including but not limited to the order history, communication record and registration data and the record will be cleared/ stored/ utilize/ transfer at our sole discretion.

 

Indemnification

You agree to defend,indemnify and hold the Company, its affiliates, employees, Suppliers harmless against all claims or demand of any damages, costs and expenses, including reasonable attorney's fees, arising from the use of the Website, failure of complying with this Terms of Use, Violation of any law, regulations or exploit rights of any party.

 

Disclaimer

The Website and all the Contents involved are provided on an "as it" and "as available" basis. Without limitation to the forgoing, there is no express or implied, warranties and representations as to the information availability, accuracy, reliability, completeness, appropriateness for the set purpose or any particular purpose. By using this Website, you certify you understand you are solely at your own risk. If you are from locations having legal regulation which is not covered or stricter than the terms and conditions stated by the Company, you acknowledge you are responsible for complying with any and all applicable local law applicable for your actions in using, access to, or any action done relevant to the Website.

 

Additional Terms

The heading used in this Terms of Use does not define or limit the scope of the section in any conditions and is for reference only. Under any condition or with any reason, if this Terms and Condition, whole or in part, for any provision, is not enforceable, such provision shall be replaced by terms and conditions as close as possible to the original meaning until it is enforceable and the other part which is not invalid or unenforceable shall remain unchanged and effective. The failure in enforcing or taking action with regards to this Terms of Use or with respect to a breach of the agreement by you or any other parties shall not be deemed as a wavier and the Company reserves all rights with respect to such breaches, similar breaches and subsequent breaches. Without any exceptions, including conflicts with law provisions, this Terms of Use shall be governed by the laws of the Hong Kong Special Administrative Region ("HKSAR"). If there is any dispute, all parties agree to submit to the Court of the HKSAR.

If there is any discrepancy between the English and the Chinese versions of these Terms of Use, the English version shall prevail.