Terms & Conditions

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Design4HK TERMS OF USE

 

Part A – General Terms

 

1.      Definitions and Interpretations

In these Terms, the following definitions apply:

We / Us/ Website/

Platform/

Design4HK/

Design4HK, a branch of A Forest Asia Limited, is a company incorporated in Hong Kong with its registered online domain at: https://www.design4hk.com.

You / User

Any party accessing or using our Platform whether as a Merchant, Consumer or casual browser.

Merchant

The business entity and/or the individual, whether fee paying or non-fee-paying users of the Platform, to create its online store for the purpose of offering products or services via our Platform.

Customers/

Consumer

The business entity(ies) and/or individual(s), visiting the Merchant’s online store as registered or unregistered members.

2.      General Overview

1.                   Unless otherwise specified, these Terms constitute the complete and exclusive statement of the mutual understanding between you and us with respect to Design4HK and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to Design4HK, except as otherwise provided in these Terms.

2.                   You agree that no joint venture, partnership, employment, or agency relationship exists between you and us because of these Terms or your use of Design4HK.  Our performance of the Terms is subject to existing laws and legal process.  Nothing contained in these Terms affects or prohibits our ability to comply with or respond to governmental, court and law enforcement requests or requirements relating to your use of Design4HK, or information provided to or gathered by us with respect to such use.

3.                   You may not assign or otherwise transfer any rights and obligations hereunder, without our prior written consent, which we may refuse in our sole discretion.  Any attempted assignment without our prior written consent shall be deemed null and void.  We may assign or transfer our rights and/or obligations under the Terms at any time.

3.      Our Platform

1.                   You acknowledge that our Platform is merely an SaaS (Software-as-a-Service) solution tailored to enable Merchant(s) to build and operate their online stores to display their product and/or service catalogue, to sell products/services, and to facilitate Customer payments and communication between Merchants and their Customers via third-party proprietary platforms.  Merchant registers to use the free trial of our Platform or subscribes to use the advanced version on a subscription basis (“Subscription Plan”). Account of merchant(s) will expire at the end of the free trial should the merchant(s) do no proceed to subscribe for continuous use.

2.                   Stores created by Merchants on the Platform are open for Customers to visit, browse, purchase for products and services they want (“Stores”).  Customers can register as member of the Store to have personalized shopping experience, or they can shop as guest without registering as member.

3.                   We do not have control over the information provided by other users of Design4HK.  You may find another user's information to be offensive, harmful, inaccurate, or deceptive.  Please use caution, common sense, and practice safe exchange while using Design4HK.  In addition, you are fully aware of the risks involved in dealing with underage persons or people acting under false pretense. Your use of Our Platform implies your agreement and acceptance of such risks and we and/or Design4HK is not responsible for the acts or omissions of users on Design4HK.

4.                   We, and Design4HK, do not have control over, and do not guarantee the quality, safety or legality of items advertised.  The ability of sellers to sell their respective items, the ability of buyers to pay for respective items, and/or the truth or accuracy of the representations made by users in respect of their items listed on Design4HK.

5.                   We do not transfer or guarantee the transfer of legal ownership of items from the seller to the buyer.  Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. Moreover, we cannot guarantee continuous or secure access to our services, and operation of Design4HK may be interfered by numerous factors beyond our control. Therefore, to the extent that is legally permitted accordingly, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, reputation, or any special, indirect, or consequential damages in relation to and arising out of your use of our sites and services. Your use of our Platform is at your own discretion.

6.                   You acknowledge that unless otherwise agreed, we may provide the services to your competitors and make no promise of exclusivity in any market segment.

4.      Eligibility of Membership

1.                   Our Platform is not intended to and may not be used by minors. Our Platform is available only to, and may only be used by, persons capable of forming and entering binding contractual agreements under applicable law.

2.                   Individuals under the age of 18 (or who are considered minor under the applicable law) must always use Design4HK services only in conjunction with and under the supervision of a major parent or legal guardian. In this case, the adult is deemed to be the user and is responsible for all activities.

3.                   Design4HK’s policies are stated in these Terms and the other Design4HK policy documents listed herein or elsewhere (if applicable to your activities on or use of Design4HK) as well as all other operating rules, policies and procedures that may be published from time to time on Design4HK by us or our affiliates, each of which is incorporated herein by reference and each of which may be updated by us from time to time without notice. In addition, some services offered through Design4HK may be subject to additional terms and conditions promulgated by us from time to time.  Your use of such services is subject to those additional terms and conditions, which are incorporated into the Terms by this reference.

4.                   By registering for an account on our Platform or subscribing to the Subscription Plan as a Merchant or as a Customer for personalized shopping experience, you will be required to provide certain information, including but not limited to your username, password, full name of the individual or registered user or the business, a suitable password, an email address and valid phone number (“Account Information”). Merchants are not required to provide a username. They are identifiable by their email, store name and/or store URL. You agree that all Account Information provided shall be truthful, accurate and up to date. You should choose a strong and secure password and must keep your password secure and confidential.

5.                   Accounts must be registered only by the person seeking membership. Registration of accounts in a name other than the registrant's, fictitious or real, is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. You agree to comply with all local laws and abide by Design4HK’s policies regarding online conduct and acceptable content.

6.                   If you are using the Platform on behalf of a company, organization or other legal entity, by using the Platform you represent and warrant that you have the necessary rights and authority, agreement of the legal entity you represent, and complete, accurate and truthful registration information to agree to these Terms, including our Privacy Policy https://www.design4hk.com/privacy and other documents referred to herein on behalf of that entity.

7.                   You agree not to share your Account Information or give others access to your account. Should we detect that an account is shared by multiple users, we may treat this as a security breach and suspend, disable or terminate your account without notice. We have the sole discretion to suspend, disable or terminate any account at any time without liability, if in our reasonable opinion, you are in breach of the Terms.

8.                   You are responsible for all actions or activities that occurred through or under your account unless you report misuse on a timely basis. If you permit others to use your account and/or Account Information, you are responsible for the activities of such users that occur in connection with your account and/or Account Information.

9.                   Merchants, seeking application or already registered to the Platform, must be aware that it is their sole responsibility to apply for, hold and maintain a valid Business Registration with Hong Kong’s Business Registration Office, Inland Revenue Department, the Government of Hong Kong SAR. 

10.                All accounts are non-transferable. If you are accessing or using an account on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person’s or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

11.                If you ever forget your Account Information or believe or know that there has been any (attempted) unauthorized use of your account and or Account Information, you shall inform us immediately at service@design4hk.com.

12.                Store names and usernames are obtained on a first come-first serve basis and must not be offensive or offend common decency or be intended to deceive subscribers or convey the appearance of affiliation with Design4HK. We reserve the right, to:

                     i.            amend any store name or username without prior notice if we reasonably believe the store name or username to be in contravention of the Terms; and/or

                    ii.            suspend and/or disable your account until the name is changed.

5.      Availability and Usage

1.                   In exchange for the Consumer or Merchant registering with the Platform or the Merchant subscribing to the Subscription Plan, we grant Consumers or Merchants a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable license to access and use our Platform, including any software or application as part of the services we offer. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as a Consumer or Merchant subject to these Terms and the additional terms set forth in Part B or Part C of these Terms for Consumer or Merchant, respectively.  You are required to keep your account information up-to-date and accurate on a timely basis, including a valid email address.

2.                   As a condition to your use of our Platform, you agree to comply with these Terms and all applicable laws and regulatory requirements, including those that are privacy and protection intellectual property related.  You warrant to us that you will not use Design4HK for any purpose that is unlawful or prohibited by these Terms, laws and regulation.  You must not use the Platform that could damage, disable, overburden, or impair Design4HK or interfere with any other party’s use and enjoyment of Design4HK.

3.                   You are required to keep your password secure, take full accountability for all activity, liability and damage resulting from your failure to securely maintain your password, and not to provide your username and password information to any party other than Design4HK without our official permission.  You agree to immediately notify us of any unauthorized use of your password or any breach of security.  Design4HK cannot and will not be liable for any loss or damage incurring directly or indirectly from your failure to keep your password safe and secured.

4.                   You are responsible of configuring your IT equipment, computer programs, platform or system, be it software or hardware access our Platform. Design4HK does not guarantee that the Platform will be free from bugs and/or viruses and will not be responsible for any direct or indirect loss or damage that results from bugs and/or viruses contacted via using our Platform.

5.                   You are solely responsible for all activity and content (photos, images, videos, graphics, information, data etc.) uploaded, stored, or transmitted or displayed on or in connection with your account and/or store website with Design4HK. We have no obligation to monitor any services provided by you through Design4HK. However, we reserve the right to review any posted materials and to remove any material in our sole and absolute discretion.

6.                   We endeavor to ensure that our Platform is always available, but we do not guarantee or offer any warranties that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures. Design4HK is not liable for any losses claimed due to interruption or disruption to the Platform under any circumstances.

7.                   We may release products, services, functionalities or features of our Platform that we are still testing and evaluating. We will label these as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings which indicate that the products, services, functionalities or features are under development. By continuing to use our Platform, you acknowledge that these beta services may not be as reliable as other products or services we offer and may be subject to service disruption and you agree to be bound by these Terms in relation to those beta features.

8.                   We make constant improvements and changes to our Platform and the products or services we provide. We may from time-to-time change or discontinue any of the products or services feature on our Platform, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. We reserve the right to make the above changes at any time without any notice.

9.                   You agree not to misuse the Platform or help anyone else to do so. Without reservation, you agree not to use our Platform for unlawful or unauthorized purposes, and refrain from any of the following in connection with our Platform:

                     i.            Copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.

                    ii.            Re-sell or attempt to benefit commercially from any data, content or information available in or on the Platform.

                  iii.            Probe, scan, or test the vulnerability of any system or network.

                  iv.            Breach or otherwise circumvent any security or authentication measures or service use limits.

                   v.            Access, tamper with, or use non-public areas or parts of the Platform.

                  vi.            Interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform.

                vii.            Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source.

               viii.            Access, search, or create accounts for the Platform by any means (automated or otherwise) other than our officially supported interfaces (for example, “scraping” or creating accounts in bulk) or attempt to do so.

                  ix.            Send unsolicited communications, promotions or advertisements, or spam.

                   x.            Forge any TCP/IP packet header or any part of the header information in any email.

                  xi.            Send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”.

                xii.            Conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorization.

               xiii.            Abuse referrals or promotions.

              xiv.            Post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights.

                xv.            Violate the letter or spirit of our Terms.

              xvi.            Violate applicable laws or regulations in any way.

             xvii.            Violate the privacy or infringe the rights of others.

10.                This license to use our Platform will terminate should you fail to comply with these Terms or other additional terms.  Design4HK forbids the obtainment or the attempt of obtainment of materials and information by any means that are not intentionally made available or provided through Design4HK.

6.      Rights and Obligations

1.                We hereby grant you a worldwide, limited, non-exclusive, non-transferable, non-licensable, non-sub licensable, royalty-free and revocable license to use our Platform for your personal or business use in accordance with these Terms.

2.                Under applicable laws, we reserve the highest possible extent all rights, title and interest not expressly granted under the above-mentioned license.

3.                Unless expressly provided in the Terms, a person other than us and our affiliates, Design4HK users or anyone accessing the Services pursuant to the Terms, a person who is not a party to the Terms has no right to enforce or to enjoy the benefit of any provision in the Terms. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferor of these Terms.

4.                You may not assign your rights provided for under these Terms without our prior written consent. We may assign the Terms and delegate certain responsibilities, obligations, and duties under or in connection with the Terms in our sole discretion.

5.                You retain your rights to any information or content you submit, post or display on or through the Platform (collectively, “Your Content”). By submitting, posting or displaying such content, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content through any distribution channels (currently known or later developed), subject to the applicable provisions in our Privacy Policy https://www.design4hk.com/privacy.

6.                You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other Users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.

7.                You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations regarding Your Content under these terms.

8.                We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Platform.

7.      Fees and Renewal

1.                   We may occasionally offer different subscription plans, and the subscription/membership fees and other fees and charges for such plans may vary.

2.                   You agree to pay the subscription/membership fees applicable to your plan, and any fees relating to your purchase or use of any other products or services offered by us from time to time (collectively, “Fees”).

3.                   All Fees and charges paid to us are non-refundable except as expressly set forth below or otherwise indicated by us in writing.

4.                   You are required to keep a valid payment method on file with us to pay for all incurred and recurring Fees. Your subscription will automatically renew, and you authorize us (without notice) to collect the then applicable subscription/membership fees, using any valid payment source we have on record for you.

5.                   For all late payments, we reserve the right to suspend or terminate part or all the functions of your store website.  Retrieving original store data after settling outstanding payments may incur additional charges.

6.                   We reserve the right to set off any credits that are owed to you against any or all your obligations to us, whether such obligations of you arise from these Terms or any invoices, orders, agreements or contractual relationships between you and us or any of our affiliates.

7.                   Our fees are exclusive of applicable sale, good and service taxes, fees or charges now in force or enacted in the future. All sums payable by you to us under the Terms shall be free of any deductions or withholdings.

8.                   We offer free trial of our services and may occasionally offer free trial to other products occasionally. The governing terms and conditions such free trials shall be contained in the offer. No refund of any amount paid shall be granted under any of the following circumstances:

                                 i.            The conversion of a free trial to a paid service.

                                ii.            The collection of any fee for any active membership or other subscription service.

                              iii.            The collection of fees or other payment for any other product or service.

9.                   You may terminate the Services at any time by email to service@design4hk.com for instructions.

10.                Design4HK may terminate the Services and your account without any reason or notice at any time. Termination by Design4HK of the Terms shall be without prejudice to any rights or obligations, which arose prior to the date of termination.

11.                Upon termination of the Services by either party:

i.                We will cease to provide you with the Services, and you will no longer be able to access your Design4HK account.

ii.               You will not be entitled to any refunds of any fees, pro rata or otherwise; any outstanding balance owed to us for your use of the Services through the effective date of such termination will immediately become due and payable in full.

iii.             Your store website will be taken offline, and you will no longer have access to the data and content in your store website; we will be under no obligation to retain or store any data or content of your store website thereafter.

12.                Without limiting any of its other rights and remedies, Design4HK may suspend or terminate your account if we suspect that you have engaged in fraudulent or improper activities.

8.      Intellectual Property and Content

1.                Our trade name and company name “Design4HK” and our marks and logos are our trademarks (whether they are registered or unregistered) and may not be used without our express of consent and/or written permission.

2.                All trademarks, trade names, service marks, logos, copyrights, database rights, and/or domain names or email addresses, in connection with any product or service in any manner, including all information, data, text, designs, music, sound, images, photographs, graphics, page headers, button icons, scripts, illustrations and video messages, page headers, button icons, scripts, arrangement and presentation,  there-of together with the underlying software code, source code, software compilations, tools, application, slogans, filters, user generated filters and other content contained therein (collectively, “Material”) are intellectual properties directly owned by us or our affiliates and may not be used.  You acknowledge that you have no ownership rights to any (part of) the Material, or in any manner in connection to any product or service likely to cause confusion on the Platform. We reserve all rights to take any legal action in relation to any rights applicable to the Material.

3.                All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us.  All rights under applicable laws are hereby reserved.

4.                You may view, use, print or download extracts of the Material for your own personal use but you cannot otherwise use, copy, edit, vary, alter, reproduce, publish, display, distribute, store, transmit, commercially exploit, or disseminate in any form whatsoever any of the Material or use the Material in any manner which creates the impression that such items belong to or are associated with you without our express of consent and/or written permission.

5.                We will not own or claim any intellectual property rights over the materials that you provide to us (including feedback and suggestions) or post, upload, input or submit to us through Design4HK or its associated services (collectively, "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submissions, you are granting us, our affiliated companies and necessary sub-licensees a license, on the terms mentioned in this paragraph, to enable us and/or Design4HK to use your Submissions in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in any Submission you provide to us through Design4HK.

6.                By posting, uploading, inputting, providing or submitting your Submissions, you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

7.                By providing a Submission to us through Design4HK, it may be possible for a third-party website or a third-party person to re-post that Submission. You agree to hold us harmless for any dispute concerning any use in this manner. If you choose to display your own Design4HK-hosted image on another website, the image must provide a link back to its listing page on the Website.

8.                As part of a transaction conducted via Design4HK, you may obtain personal information, including email address and shipping information, from other individuals. Without obtaining prior consent from the other individuals, this personal information shall only be used for that transaction or for Design4HK-related communications in relation to that transaction. You acknowledge that we are not granting you permission to use such information for any other purpose, including without limitation, unsolicited commercial messages or direct or indirect marketing. Without limiting the foregoing, and without express consent from the individuals who provided personal information, you are not licensed or permitted to add any such individual to your email or physical mail list. For more information, please see our Privacy Policy. We are under no obligation to post or use any Submissions you provide and may remove any Submissions at any time in our sole discretion.

9.                Reporting Intellectual Property Rights Infringement:

i.            We have a policy of limiting access to our Platform and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything appearing on our Platform infringes any copyright that you own or control, you may notify us at service@design4hk.com.

ii.           Please note that if you knowingly misrepresent that any activity or Content or Material on our Platform is infringing, you may be liable to us for costs and damages to be ascertained.

9.      Questionable, Infringing and Prohibited Activities or Elements

1.                You are solely responsible for your conduct and activities on and regarding Design4HK and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (collectively, "Content") that you submit, post, and display on Design4HK.

2.                You represent and warrant that the Content and your use of Design4HK shall not:

                        i.            Be false, inaccurate or misleading.

                       ii.            Be fraudulent or involve the transaction of illegal, counterfeit or stolen items infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.

                     iii.            Violate the Terms, any site policy, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing national security, anti-terrorism, anti-money laundry, export control, anti-discrimination or false advertising).

                     iv.            Contain items that have been identified by the applicable laws or regulations as hazardous and therefore subject to a recall be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or our affiliates’ staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device be obscene or contain child pornography.

                      v.            Infringe any copyright or intellectual property or any legitimate interest of any third party.

                     vi.            Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

                   vii.            Post images not part of a listing.

                  viii.            Modify, adapt or hack the Website or Design4HK or modify another website or create another mobile device application to falsely imply that it is associated with Design4HK or us.

                     ix.            Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under the Terms, the Privacy Policy, or other policy documents as posted on Design4HK. Furthermore, you may not list any item on Design4HK (or consummate any transaction that was initiated using Design4HK service) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates these Terms.

1.                Design4HK which falls under any of the categories as described in items (i) to (ix) set out above or any Content, which is inappropriate for posting on Design4HK in the sole discretion of us.

10.    Dispute Resolution

1.                Design4HK encourages Consumers and Merchants to resolve disputes (including claims of refunds) with each other directly whenever possible. Design4HK does not play any role in mediating disputes between any Consumers and Merchants.

2.                If a dispute arises between you and one or more users of the Platform, you agree to release us and Design4HK (and our staff, subcontractors and all affiliated parties) from claims, demands and damages (arising directly or indirectly) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

11.    Third Party Software Integrations

1.                Our Platform may integrate with third-party software to provide a full suite of functionalities to our users.  Referenced websites or links to the Website (collectively, ‘Linked Website’) are not under our control and we are not responsible for the content of any Linked Website including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website.  We are not responsible for webcasting, or any other form of transmission received from any Linked Website, or any issues and/or direct or indirect losses arising from the use of any third-party software.  These links are only provided as a convenience to you, your access and use of the third-party software is governed by the terms of service and/or the user agreements of that software, and the inclusion of such link do not imply our endorsement of the site or any association to its operators.

2.                These Terms do not cover your interaction with Linked Websites or any other third-party sites or services.  Our reference or link(s) to third-party websites or third-party services does not constitute and will not be construed as constituting, endorsing, authorizing, sponsoring, affiliating Design4HK with respect to such third-party websites or services.

3.                If you choose to use third-party services, you also agree to be bound by the additional service-specific terms applicable to such services. Any use by you of third-party services offered or recommended through Design4HK is entirely at your own risk and discretion, and it is your responsibility to carefully review the terms and conditions and privacy policies of any third-party services. We do not provide any warranties or make any representations with respect to third party services.

4.                You hereby agree to indemnify and hold us and our shareholders, subsidiaries, affiliates, officers, directors, agents and employees (collectively, “Our Entities”) harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of third-party services or your relationship with a third-party service provider.

5.                If you enable or install any third-party service for use with the Services, you grant us permission to allow the applicable third-party service provider to access your data and take other actions as required for the interoperation of the third-party service with the Services. Such transmission of data is between you and the third-party service provider.

12.    Advertisers

1.                We accept no responsibility whatsoever for adverts featured on the Platform. If you agree to purchase goods and/or services from any Merchant or third party that advertises on the Platform, you do so at your own risk. The advertiser and Merchant (if the goods or services were purchased from or through one of the Merchants), not Design4HK, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against them

13.    Limitation of Liabilities

1.                You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from:

                        i.            We provide the Platform and any products or services we offer on an “as is”, “as available” and “with all faults” basis, and your access to or use of our Platform is at your own risk.

                       ii.            We and/or our suppliers and affiliates give no assurance or representation, and disclaim all warranties, conditions, representations of any kind (whether statutory, express or implied) about the Platform and any products or services featured on our Platform, including and without limitations, any implied warranties, conditions and representations of title, merchantability, fitness for a particular purpose, and non-infringement.

                     iii.            We do not guarantee that the information, content, software, products, and services you find included in or available on the Platform is always accurate, truthful, complete up-to-date and free from typographical errors.

                     iv.            We are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors.

                      v.            We are not responsible for the conduct of, or any content or information submitted or posted by any user of the Platform (whether online or offline).

                     vi.            We suggest that you should consult appropriate professional advice tailored to your situation, information and/or opinions available on the Platform should not be relied upon for personal, medical, legal or financial decisions.

2.                Our role in managing the Platform is purely mechanical and administrative in nature.  We conduct reasonable efforts to keep the Platform available and the information on the Platform reasonably accurate.  We and/or our suppliers and affiliates make no representations conditions or representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the Platform for any purpose.  To the fullest extent permitted by law, Our Entities are not liable to you or any other parties for:

                        i.            Any indirect, incidental, special, exemplary, consequential or punitive damages arising from or in connection with the use of the Platform.

                       ii.            Any loss of data, business, opportunities, reputation, profits or revenues.

3.                Multiple claims will not expand the above limitation.

4.                Nothing in these Terms limit your legal rights as a consumer that may not be waived by contract.

5.                Other than the types of liabilities that we cannot limit by law, our liabilities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.

14.    Privacy

1.                Protecting your privacy is our utmost priority.  Please review our Privacy Policy, which explains how we handle your personal information and protect your privacy. You must read, agree with and accept the Terms and Conditions contained in the Privacy Policy before you may become a member of Design4HK. Except as provided in our Privacy Policy, we will not sell, transfer, use or disclose your personal information (as defined in the Privacy Policy) to third parties without your express consent. We store and process Content on computers that are protected by physical as well as technological security.

2.                Certain services made available via Design4HK may be delivered by third parties. By using any product, service or functionality originating from the Website domain or Design4HK, you acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality for the Website’s users and customers.

15.    Indemnity

1.                You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from:

                        i.            any breach of these Terms by you,

                       ii.            any sale and purchase between the Consumer and the Merchant,

                     iii.            your use of our Platform and/or

                     iv.            any misrepresentation made by you on our Platform.

2.                You also agree to fully co-operate with us in the defense or settlement of any claim in relation to or arising out of our Platform or these terms.

3.                We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate in such defense. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it/them. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval.

4.                You agree to promptly notify of any third-party claims and cooperate with us and Design4HK in defending such claims and pay all fees, costs and expenses associated with defending such claims including, but not limited to legal fees. You agree not to settle any matter in which you have indemnity obligations towards us without our prior written consent.

16.    Terminations

1.                We reserve the right, without notice, in our sole discretion and at any time, to terminate, revoke, suspend your right and ability to access or use our Platform or any part of it as well as to control who can use the Platform and request that you stop accessing or permanently destroy certain content or information available through the Platform. We may also modify, suspend, or discontinue the Platform. We are not responsible for any loss or harm related to our termination of your access or use of our Platform.

2.                You may stop using the Platform any time by deactivating your account, if you are a subscribing Merchant or registered Consumer, or simply by ceasing to access or use our Platform.

3.                We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:

                        i.            you are in serious or repeated breach of these Terms (including a prolonged failure to settle any payment); or

                       ii.            you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public; or

                     iii.            we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or

                     iv.            our provision of the Platform to you is no longer possible or commercially viable.

4.                In any of the above cases, we will attempt to notify you at the email address included in your Account Information or on your next attempt to access your account, unless we are prohibited from notifying you by law.

5.                Upon termination of your access, these Terms will also terminate except for Clauses 6 to 16 inclusive.

6.                Where we consider necessary or appropriate, we will report any breach of these Terms to law enforcement authorities, and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.

17.    System Requirements

1.                To use the Platform, you are required to have a compatible mobile device, desktop or laptop, internet access, and the necessary minimum specifications (collectively, “System Requirements”).

2.                The software capabilities and System Requirements of our Platform may be upgraded from time to time to add support for new functions and services.

18.    Entire Agreement

1.                These Terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These Terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.

2.                You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

19.     Severability

1.                If any provision(s) of these Terms is held to be unlawful, void, invalid or unenforceable, then such provision(s) is deemed severable from these Terms and shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

2.                Any failure by Design4HK to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Design4HK in writing.

3.                You hereby agree to indemnify and hold us and Our Entities harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party dues to or arising out of your breach of these Terms or the documents it incorporates by reference, or your violation of any law or any rights of a third party.

20.    Change of Terms

1.                We may at our discretion make change, amendment, add or remove provisions (collectively, ‘Amendments’) to these Terms by posting the updated terms on our Platform. If we make material changes, we will notify you of the Amendments by email or by posting the updated Terms inclusive of the Amendments on Design4HK before they become effective.  By continuing to use our Platform and our services after the changes come into effect, you agree to be bound by the revised Terms.  You are advised to check the Terms from time to time for any Amendments that may impact you.

2.                Any failure by us to enforce or exercise any provision of the Terms, or any related right, will not be a waiver of that provision or right.  Any rights not expressly granted in any provision of these Terms are reserved. We may provide you with notices, including those regarding changes to the Terms, by email regular mail, postings on Design4HK, or other reasonable means now known or developed in the future.

3.                A printed version of the Terms and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that the Terms and all related documents be in English.

21.    Miscellaneous

1.                We may transfer our rights and obligations under these terms to another organization. If you do not wish to continue with the transferee whatever contract you had with us, you must notify us within fourteen (14) business days so we can refund you any payments you have made in advance for products or services which you have purchased but have not already been provided (if any). Failure to notify us within the 14-day period may result in forfeiture of outstanding payment amounts.

2.                You may only transfer your rights or your obligations under these Terms to another person if we expressly agree to this in writing.

3.                If a court or relevant authority finds any of these Terms invalid or illegal, the rest will continue in force. Each of these terms operates separately. If any court or relevant authority decides that any of them are unenforceable, the remaining paragraphs will remain in full force and effect.

4.                No party shall be liable to the other for any default resulting from force majeure, which includes any circumstances beyond the reasonable control of the parties.

5.                By using our Platform, you consent to receiving communications from us electronically. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you can store electronic communications such that they remain accessible to you in an unchanged form.

6.                If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breach of any of the terms herein, such delay or failure on our part does not signify that you do not have to comply with or make good any of the terms herein and it will not prevent us taking steps against you to enforce the terms at a later date.

22.    Governing Law and Jurisdiction

1.                These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.

2.                The courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.

23.    Feedback

1.                We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you. For any questions or problems relating to our Platform, our products or services, or these terms, you can contact us] by emailing us at service@design4hk.com.

2.                You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.

 


 

Part B – Consumer Terms

1.       In-store Purchases on Design4HK

1.                   Consumer shall place orders with the Merchant as per the instructions provided in our Platform. All order(s) the Consumer places with the Merchant are regarded as offers and the Merchant accepts the order(s) when our Platform emails you a confirmation. At this point, a contract between the Consumer and the Merchant is formed but may be subject to the Merchant’s separate terms and conditions and/or terms of service (if any). We are not liable to any person or entity in relation to a sale and purchase of any goods or services featured on our Platform. We are not responsible for the enforcement of any contractual obligations between Merchants and Consumers or as between Consumers and any third parties responsible for fulfilment of any purchases. We shall not be held liable for any direct and/or indirect damages that may arise from or in connection with any sale and purchase.

2.                   All transactions using the default POS system of our Platform has a minimum billing amount of HKD 10.00.  We appreciate any feedback provided by the Consumer which will be visible to other Consumer visiting the Merchant’s store. We shall not be held liable or responsible for any claim arising out of or in connection with the content of any feedback.

3.                   Design4HK has no control over and can therefore not guarantee nor warrant as of followings:

i.               The existence, quality, safety or legality of the products or services offered or advertised on our Platform.

ii.              The accuracy, completeness or truth of any information, content or listings posted by any Merchant and/or User.

iii.            The credit worthiness of any Merchant and/or User.

iv.            The ability of Merchant to sell or Consumer to buy, whether a particular product and/or service is suitable for a particular purpose or whether a particular Merchant and Consumer will complete a particular transaction.

4.                   You may find company information relating to each Merchant, including company background, shop address, contact emails and phone numbers, available on the Merchant’s website. For any questions or problems relating to the Merchant’s website, any products or services, you can contact the Merchant by telephoning, emailing or online messaging the Merchant.

5.                   We are not involved in any transactions between Merchant and Consumer and our role is solely that of providing a platform on which Merchant stores may be featured, by using our Platform, in which our Platform serves as a marketplace for Merchants and Consumers. We do not process payments or participate in fulfilment of purchases on behalf of Merchants. Consumer should choose their preferred payment method from among those methods made available by the Merchant. Consumer must choose their preferred fulfilment method, including delivery from those offered by Merchants. All payment and delivery arrangements are governed by the Merchant’s Terms of Sale and the relevant terms of the electronic payment provider and fulfilment services provider (if any). We are not liable under any circumstances for any issues or losses arising out of and/or in relation to payments and delivery. As such, our role is merely mechanical and administrative in nature in that we make our Platform available for Merchants to establish and operate their online stores.

6.                   When purchasing good and/or services through our Platform, you agree to comply with our applicable rules and policies from time to time in force. You are responsible for reading these Terms, our Privacy Policy https://www.design4hk.com/privacy and other applicable rules and policies of the relevant Merchant(s) (collectively, the “Governing Terms”) before committing to order any goods and/or services. In placing any order, you are deemed to have agreed to the Governing Terms.

7.                   We are not an agent of any Consumer or Merchant or third party.

8.                   We may at our sole discretion (but we have no obligation to) check, audit and/or monitor the information contained in listings, comments and/or reviews posted by any Consumer without notifying the concerned Consumer.

9.                   The images of the products and/or services on the online stores created by the Platform are for illustrative purposes only. The products and/or services that you purchase may vary from those images.

10.                Our Platform is solely for the performance and purchase of goods and/or services in countries in which we operate and is not limited to Hong Kong. Our mobile app is accessible and can be downloaded from anywhere in the world.

2.            Consumer Rights

1.                   If any Consumer decides to vary an order that has already been placed with a Merchant for whatever reason (collectively, “Change”), the Consumer shall contact the Merchant directly. The Merchant’s terms of sale shall govern the Change and Design4HK plays no part in the Change and shall not be held liable for any claims whatsoever arising out of or in connection with the Change.

2.                   If the Consumer wishes the terminate a contract to purchase any product or service for reasons not limited to any defect in all or part of the goods and/or services provided (collectively, “Termination”), he or she shall contact the Merchant directly. The Merchant’s terms of sale shall govern the Termination and Design4HK plays no part in the Termination and shall not be held liable for any claims arising out of or in connection with the Termination.

3.            Return and Refund

1.                   Consumer has the right to return any product purchased from a Merchant, but such right shall be governed by the relevant terms of the Merchant’s return and refund policy.

2.                   Consumer has the right to request a refund on any product that has been returned to a Merchant, but such right shall be governed by the relevant terms of the Merchant’s own return and refund policy.

3.                   Design4HK does not play any role in facilitating returns, requesting refunds or intervening on Consumers’ behalf regarding returns or refunds.

4.            Merchant’s Use of Consumer Personal Informal

1.                   The Merchant is the information controller and processor who will collect and use any personal information that Consumer provides through the Platform for purposes not limited to the following:

         i.            To supply the product and/or services to you.

        ii.            To process your payment and delivery for the products and/or services.

        ii.            To provide you, with your consent, information on product updates and promotions that the Merchant provides.

2.                   Any Merchant’s use of personal information provided by Consumer shall be governed by the Merchant’s own terms of sale, terms of service and/or privacy policy and Design4HK has no part of this.

3.                   The Merchant is solely responsible for how to store and process your personal information collected from the Platform. You should contact the Merchant if you want to access, update or remove your personal information. Design4HK does not store or process any personal information apart from information contained in the Account Information, such information is never shared with Merchants or third parties and is subject to Design4HK Privacy Policy, the details of which can be found here: Privacy Policy https://www.design4hk.com/privacy.

 


 

Part C – Merchant’s Terms

1.      Subscription Terms

1.                   When you initially subscribe to a Subscription Plan, you will be charged immediately for the initial term of 7 days at the then-current subscription fee for the applicable subscription tier. Unless you terminate your Subscription Plan, your subscription will automatically renew upon the expiry of the initial term and/or at the end of each subsequent renewal term at the then-current subscription fee.

2.                   By subscribing to the Subscription Plan, you authorize Design4HK to charge the applicable recurring subscription fees through your designated billing payment method.

3.                   You will be charged in advance for the renewal term of the Subscription Plan on the applicable billing date (the “Charge Date”). The subscription fee charged on the Charge Date applies to the subscription period immediately following the Charge Date (e.g., the calendar year immediately following the Charge Date).

4.                   We may increase the price payable for any Subscription Plan, effective on the first day of a renewal term by giving you 5 days’ notice of the latest subscription fee before the beginning of the renewal term. If you do not cancel your subscription, you shall be deemed to have accepted the latest subscription fee for that renewal term and any subsequent renewal terms.

5.                   We may also reduce the subscription fees, with the reduction becoming effective on the next renewal term and without any pro rata reimbursement for the preceding subscription period covered by the reduced subscription fee.

6.                   You may update any of your billing information (including a change to your desired billing payment method) through your account settings or by contacting Design4HK at service@design4hk.com.

7.                   In the event of a dispute between the Merchant and Design4HK in relation to any issues arising out of or in connection with the subscription services, Design4HK shall have the full discretion to determine the issue and its decision shall be final.

2.      Merchant’s Additional Warranties

1.                   Merchant is solely responsible for all advertising, promotions, loyalty-based offerings made available to Consumers (each an “Offer”) and all other Content including but not limited to branding, trademarks, logos, data, text, images, graphics that it posts on our Platform.

2.                   The Offer and other Content are provided and solely determined by Merchant. Merchant is solely responsible for ensuring the accuracy, reliability, integrity, quality and validity of the Offer and Content.

3.                   You represent and warrant that you own or have the necessary licenses, rights, consents, permissions and releases for your Content and to grant the licenses and rights set out in the Terms and these terms that apply solely to Merchants. You are also responsible for any fees, royalties or other monies owing by reason of any Content you provide.

3.       Billing Authorizations for Free Trials

1.                   From time to time, we may offer free trials for Subscription Plans. To register for a free trial, you may be required to provide an applicable billing payment method. If you subscribe to the free trial, you agree to give Design4HK a pre-authorization to charge for the subscription fee that will be applicable for the Subscription Plan if you continue with the Subscription Plan after the free trial expires. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges, and Design4HK will not be responsible for any results, such as an overdraft fees, that may occur with your account because of such authorizations.

4.       Cancellation of a Subscription Plan

1.                   You may cancel your subscription at any time by following the instructions set forth on our Platform. Once you have cancelled your subscription, Design4HK will suspend the auto-subscription fee renewal for you until and unless you re-subscribe. All the fees paid, and charges made prior to termination are non-refundable. Termination of your subscription shall not relieve you of any obligations to pay accrued charges. Your Subscription Plan will terminate on the date that is the day following your last charge cycle.

2.                   If you re-subscribe while an existing Subscription Plan is active, your existing Subscription Plan will end on the original expiry date and your subscription will be extended to the new expiry date.

3.                   You agree that Design4HK, in its sole discretion, without prior notice, may freeze or terminate your Subscription Plan for reasons, including but without limitation to your breach of these Terms.

4.                   Design4HK may also in its sole discretion, and at any time, modify or discontinue any Subscription Plan, or any part thereof, without notice. Additionally, Merchant hereby agrees that Design4HK shall not be liable to you or any third-party for any claims or direct or indirect loss arising out of or in connection with the interference with, or termination of, the Merchant’s access to the Subscription Plan.

5.       Prohibited Products or Services

         i.             

Illegal political audio/visual products and publications

        ii.             

Illegal political cards and program channels

      iii.             

State secret documents and information

      iv.             

Pornographic and vulgar audio/visual products/publications

        v.             

Pornographic and vulgar erotic services

      vi.             

Pornographic and vulgar cards and program channels

     vii.             

Other pornographic and vulgar articles or services

   viii.             

Gambling tools

      ix.             

Private lottery

        x.             

Gambling/betting

      xi.             

Narcotics

     xii.             

Narcotic-taking tools

   xiii.             

Weapons of all types (including military weapons / firearms and accessories), replica weapons, ammunitions and explosives

   xiv.             

Military or police equipment

     xv.             

Controlled instruments (such as dagger) which would potentially be used as a weapon

   xvi.             

Illegally obtained proceeds or properties as result of crime

  xvii.             

Poisonous articles and hazardous chemicals

xviii.             

Batons and electric batons

   xix.             

Lock pick tools

     xx.             

Anesthetic, psychotropic or prescription medicine; illegal unregistered medicine

   xxi.             

Fetal gender determination

  xxii.             

Aphrodisiac

xxiii.             

Medical service, including medical consulting, hypnotherapy, plastic surgery

xxiv.             

Unauthorized payment service provider

  xxv.             

Matchmaking service between Chinese and foreign citizen

xxvi.             

Hacking

xxvii.             

Malware

xxviii.             

Certificate issuing and stamp carving that violate the law

xxix.             

Crowd funding

  xxx.             

Video chat

xxxi.             

Religion

xxxii.             

Online cemetery and worshipping

xxxiii.             

ID card information and other privacy information

xxxiv.             

Spy equipment

xxxv.             

Computer privacy information monitoring

xxxvi.             

Other privacy invasion material or service

xxxvii.             

Pyramid scheme

xxxviii.             

Lottery

xxxix.             

Gold investment

      xl.             

Credit card cashing

     xli.             

Counterfeit currency

   xlii.             

Sale or purchase of bank account or bank card in contravention with the Laws

  xliii.             

Stock

  xliv.             

Fund

   xlv.             

Insurance

  xlvi.             

Insurance platform

xlvii.             

Bank financial products

xlviii.             

Rebate service

  xlix.             

Financial information software, financial products trading software

         l.             

Single-purpose prepaid cards

        li.             

Securities

      lii.             

Illegal fund-raising

     liii.             

Foreign exchange services

     liv.             

P2P lending

      lv.             

POS payment

     lvi.             

Payment by instalments service

   lvii.             

Invoice

  lviii.             

Bitcoin, Litecoin, Ybcoin, and other virtual currency or Cryptocurrency transactions

     lix.             

Satellite antenna

      lx.             

Archaeological and cultural relics

     lxi.             

Circulating RMB

   lxii.             

Foreign currency

  lxiii.             

Forged and fake food products

  lxiv.             

Tobaccos

   lxv.             

Fireworks and firecrackers

  lxvi.             

Crude oil

lxvii.             

Human organs

lxviii.             

Surrogacy services

  lxix.             

Impersonation in exams, plagiarism

   lxx.             

Protected species

  lxxi.             

Smuggled goods

lxxii.             

Olympic Games or World Expo tickets, or other infringement according to state regulations

lxxiii.             

Seeds

lxxiv.             

Real estates

lxxv.             

Charity

lxxvi.             

Auction

lxxvii.             

Pawn

lxxviii.             

Lucky draw

lxxix.             

Any animals, plants or products which contain dangerous germs, pests or any other living creature

lxxx.             

Any products, medicine or any other article originates from epidemic area of infectious disease which causes threat to health of human beings or animals

lxxxi.             

Public gathering

lxxxii.             

Any other goods or services that violate the law

Design4HK : 您強大而便利的電子商務夥伴。 發自於中國香港。

一個包含管理與營銷一體化的現代多功能在線平台。

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