TERMS OF SERVICE

Part A – General

These terms of service (the “Terms”) govern your use and access to our services, which includes our website(s), our mobile application(s), our application programming interfaces, notifications and all other information and content appearing therein (collectively our “Platform”).

By using and/or accessing our Platform, you agree to these Terms. Use of our Platform constitutes acceptance of these Terms and forms a legally binding contract between you and platform in relation to your access to and use of our Platform. If you are using our Platform on behalf of an entity, you will be deemed to have authority to act on behalf of that entity and are agreeing to these Terms on behalf of that entity.

In addition to these Terms, Customers, please check Part B – Customer’s Terms of Service, for additional terms that apply to your use of our Platform. Merchants, please check Part C – Merchant’s Terms of Service, for additional terms that apply to your use of our Platform.

1. Definitions and Interpretations

In these Terms, the following definitions apply:

You / User:

Any party accessing or using our Platform whether as a Merchant, Customer 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:

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

2. Your Representations

Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.

If you are using the Platform on behalf of an entity, by using the Platform you represent that you have the necessary rights and authority to agree to these Terms, including our Privacy Policy and other documents referred to herein on behalf of that entity.

3. Our Platform

Our Platform is merely a SaaS (Software-as-a-Service) solution tailored to enable Merchants to build and operate their online stores to display their product and/or service catalogue, to sell products/services, to facilitate payments by Customers and communication between Merchants and their Customers via proprietary third-party platforms not limited to Whatsapp and Facebook. Merchant registers to use the free version of our Platform or subscribes to use the advanced version on a subscription basis (“Subscription Plan”).

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

4. Your Account

In 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. You must keep your password secure and confidential.

You agree not to share your Account Information or give others access to your account. If and when 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.

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.

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 authorised 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.

5. Availability of our services

We are constantly changing and improving 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.

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.

We try our best 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. platform is not liable for any losses claimed due to interruption or disruption to the Platform under any circumstances.

You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. platform 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.

6. Use of the platform

When using or accessing the Platform, you agree to comply with these Terms and all applicable laws and regulatory requirements, including those related to privacy and protection of intellectual property.

The Platform is currently made available to you free of charge but also for a subscription fee for commercial use. platform reserves the right to amend or withdraw the Platform and/or the fee structure for the Platform without notice in accordance with these Terms at any time and for any reason, without incurring liability.

In exchange for the Customer or Merchant registering with the Platform or the Merchant subscribing to the Subscription Plan, we grant Customers or Merchants a personal, worldwide, royalty-free, non-assignable, non-transferable, 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 Customer or Merchant subject to these Terms and the additional terms set forth in Part B or Part C of these Terms for Customer or Merchant respectively.

This license to use our Platform will terminate if you fail to comply with these Terms or other additional terms.

Part B – Customer’s Terms of Service

1. Purchases In Stores Featured On Our Platform

Customer shall place orders with the Merchant as per the instructions provided in our Platform. All order(s) the Customer 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 Customer 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 Customers or as between Customers and any third parties responsible for fulfillment 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.

Once the Customer has placed an order and the Merchant has confirmed to ship or fulfill the orders, we will send the Customer an email for feedback on the goods and/or services provided. We appreciate any feedback provided by the Customer which will be visible to other Customer 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.

platform has no control over and can therefore not guarantee nor warrant the existence, quality, safety or legality of the products or services offered or advertised on our Platform, the accuracy, completeness or truth of any information, content or listings posted by any Merchant and/or User, the creditworthiness of any Merchant and/or User, the ability of Merchant to sell or Customer to buy, whether a particular product and/or service is suitable for a particular purpose or whether or not a particular Merchant and Customer will complete a particular transaction.

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.

We are not involved in any transactions between Merchant and Customers 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 Customers. We do not process payments or participate in fulfillment of purchases on behalf of Merchants. Customer should choose their preferred payment method from among those methods made available by the Merchant. Customer must choose their preferred fulfillment 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 fulfillment 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.

When purchasing goods 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 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.

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

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 Customer without notifying the concerned Customer.

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.

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. Customer’s Rights To Make Changes To Orders Placed

In the event that any Customer decides to vary an order that has already been placed with a Merchant for whatever reason (the “Change”), the Customer shall contact the Merchant directly. The Merchant’s terms of sale shall govern the Change and platform 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.

3. A Customer’s Rights To End A Contract

If the Customer 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 (the “Termination”), he or she shall contact the Merchant directly. The Merchant’s terms of sale shall govern the Termination and platform plays no part in the Termination and shall not be held liable for any claims arising out of or in connection with the Termination.