HKIPX Terms Conditions of Use
The terms and conditions using the service provide by HKIPX are as follows.
Welcome to the official website of Hong Kong Intellectual Property Exchange (hereinafter referred to as HKIPX). By using the services on HKIPX's official website (including HKIPX.COM and its related websites, service and tools), you agree to the following terms and conditions of HKIPX (including the content of the links), as well as the rules of the websites of subsidiaries andinternational partner companies. If you have any questions, please refer to our "Instructions for Use".
This membership agreement comes to effective from the date of January 1, 2020.
While using or accessing the Services you may not:
· post, list or upload content or items in inappropriate categories or areas on our sites;
· breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
· use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
· refuse to pay for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy);
· refuse to deliver items sold by you, unless the buyer fails to follow the posted terms, or you cannot contact the buyer;
· manipulate the price of any item or interfere with other user's listings;
Circumvent or manipulate our charging system, charging procedures or fees dutiable to HKIPX;
· post false, inaccurate, misleading, defamatory, or libelous content;
· take any action that may undermine the feedback or ratings systems (see about our Feedback policies);
· transfer your HKIPX account (including Feedback) and user ID to another party without our consent;
· distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
· distribute viruses or any other technologies that may harm HKIPX, or the interests or property of HKIPX users;
· copy, modify, or distribute rights or content from our Services or HKIPX's copyrights and trademarks; collect membership information including emails of the members without the permission of the members or in any methods.
HKIPX works together with the community to maintain the normal operation and service of the website and the safety of the community. If you find any problems such as offensive content and policy violations, please report to us.
The purpose of HKIPX intellectual property protection program is to ensure that the published products do not infringe the copyrights, trademarks, patents or other intellectual property rights of others. If you believe that your intellectual property rights have been violated, please notify our intellectual property protection department through the intellectual property protection program, and we will conduct investigation.
Without being restricted by other rescue methods, if we believe that a member is causing trouble or may cause legal liability, infringement of the intellectual property rights of others, or whose behaviors are inconsistent with policy regulations and concepts, we have the right to restrict, freeze or terminate the service and member accounts, and prohibit the member from entering, accessing or storing our website and its content, postpone or remove hosted content, and take necessary technical or legal actions to prohibit the member from accessing the website. (For example, fake bids, trading outside of HKIPX, manipulating credit ratings, circumventing temporary or long-term user account frozen, or we believe that the member is a nuisance to our employees or other members). In addition, we will freeze or terminate the accounts of members who have repeatedly infringed the intellectual property rights of third parties under appropriate circumstances and at our own discretion. We also have the rights to cancel accounts that have not been certified or have not been used for a long time (dormant accounts).
Both buyers and sellers are responsible for ensuring that the purchase activities promoted by HKIPX are meaningful, rewarding and simple. We recommend that buyers coordinate with the seller about disputes settling before ending the purchase activity. The buyers and sellers agree to abide by the relevant HKIPX buyer protection policies and regulations. The HKIPX Buyer Protection Plan only covers claims made in accordance with the relevant HKIPX Buyer Protection Policy, and does not cover the claims made to the relevant HKIPX settlement agencies. Publishing or trading on the HKIPX website indicateds that you agree and accept the HKIPX buyer protection policy related to the HKIPX website.
If you are willing to conduct global or cross-border sales, and/or sell products or offer sales to buyers in countries other than the published website, you will be subject to the membership agreement and other policies of the website where the publishing of your product is displayed. In addition, if your product is sold on a certain website, you will be bound by the HKIPX buyer protection policy of that website.
We require sellers to follow the dispute resolution procedures to resolve disputes in accordance with the relevant HKIPX buyer protection policy. If the buyer makes a claim against HKIPX according to the relevant HKIPX buyer protection policy, and the seller fails to reach a mediation, the seller allows us to decide on our own and make a final ruling. If we decided that the buyer wins the case when we are resolving the dispute, we will refund to the buyer the cost of purchasing the product (including all relevant taxes) and the shipping fee in accordance with the HKIPX buyer protection policy, and require the seller to refund the amount to HKIPX for compensation. In addition:
The seller must leave the payment method for refunding to HKIPX in the member record.
The payment method of the transaction is the responsibility of HKIPX's settlement bank, and the seller agrees that HKIPX will deduct the payment from its settlement bank account to refund the buyer. Sellers can contact HKIPX to change this refund method. However, HKIPX reserves the right to continue to use the payment method of refund amount recorded by the seller before the change takes effect to pay for transactions related to the HKIPX buyer protection policy.
If the settlement bank account does not have sufficient funds, the payment method of the transaction is not through the settlement bank, or the settlement bank is not the payment method registered by the seller to refund the amount to HKIPX, we will ask the seller to provide another refund method.
The seller agrees to allow us to deduct the amount payable to the buyer through the payment method they specified.
Changing the payment method to HKIPX does not affect the payment method for paying other fees (such as the method of paying HKIPX fees) on the member's record. If the seller failed to provide HKIPX with an effective way to refund HKIPX, HKIPX will collect the arrears through other collection methods, including through a third-party debt collection agency or company. HKIPX can also freeze or restrict the seller's sales activities on all HKIPX websites until the seller has paid all the arrears.
Correct payment errors to buyers or sellers. We reserve the right to correct any procedural errors we find, and we will deduct or pay the payment through the payment method in the HKIPX buyer protection policy to correct the wrong refund or compensation payment.
In order to avoid related risk and liabilities, the settlement bank payment received by the seller from the HKIPX transaction may be delayed in posting. The settlement bank will delay and will continue to delay the posting of the payment received by the seller in accordance with the user's consent, the settlement bank policy and other agreements reached between the settlement bank and its members.
Fees and services
It is free to join HKIPX and list products, but using other service fees will be charged, such as listing products or using other services or tools provided by HKIPX. When you publish a product or use a fee-based service, you may be asked to check and accept the fee instructions. The charging standards are based on the "fee instructions" or other HKIPX website instructions, and will be revised from time to time. This policy change will take effect at least fourteen days after being posted on the HKIPX website. We may temporarily change service charges (such as free listing days) due to promotional activities or the launch of new services. Such changes will take effect when the temporary promotional activities or new services are announced on the website.
Unless otherwise stated, all fees will be charged in Hong Kong dollars; you shall pay all fees and related taxes for using the website and services on time through effective payment method. If your payment fails or there is an overdue balance in your account, we will launch other collection mechanisms to collect the arrears, and at any time and at our own discretion, limit, freeze or terminate our services and member accounts, prohibit from accessing our website and content, delay or remove content on the website. (The collection mechanism includes deductions from other
payment methods registered by you, and hiring collection companies or lawyers to collect arrears. If the account is overdue for more than 180 days, the arrears will be deducted from your settlement bank account balance.)
When you publish content on the HKIPX website, you agree to grant us non-exclusive, global, permanent, irrevocable, authorization fee-free, transferable or sub-authorization (through multiple) rights, and through any currently known or unknown media to exercise any and all copyright, disclosure and database rights (not including any other rights) that are owned by you on your content. In order to make convenience for sellers, we will provide pre-stored pictures, descriptions and catalogs of product specifications provided by service contractors (including HKIPX members). You may only use the contents of the catalogue for the publication of HKIPX products on the HKIPX website. We will try our best to provide reliable information, but we do not guarantee that the catalog will always be correct or up-to-date. You agree that if there are errors in the catalog, the catalog content provider bear no responsible for this. If you want to include the content of the catalog in the publication, you must be responsible for confirming that the publication content is correct and does not contain any misleading information, and abides by this membership agreement and all HKIPX policies. You agree that you will not remove any copyright, ownership or identification marks from the catalog, or create any derivative works based on the contents of the catalog (except for including them in your product publication).
HKIPX is not responsible for the content, actions or nonfeasance of other members, or the products they publish. You understand that we are not a traditional auctioneer or online shop, we only provide a website platform for anyone to offer, sell or buy any products at any time and any place in a variety of bidding formats and places (such as shops, buy-it-now price and auction formats). We are not involved in actual transactions between buyers and sellers; we cannot control and do not guarantee the following matters: the quality, safety or legality of the promoted products; the authenticity or correctness of the membership content or the published products; seller’s ability to sell products; buy’s ability to buy products; or whether the buyer or seller will trully complete the transaction.
We will not transfer the legal ownership of the product from the seller to the buyer; unless the buyer and seller agree, otherwise after the buyer receives the seller’s product, he will become the legal owner of the product. In addition, we do not guarantee that you are able to use our services continuously or safely, and the operation of the website may also be interfered by various factors beyond our control. Therefore, to the extent permitted by law, we exclude any implied warranty, terms and conditions; we do not bear the responsibility of any loss of finance, goodwill, reputation caused by using our website or service, or any special, incidental or indirect damage. However, some jurisdictions do not allow warranty disclaimers or exclusions of damages, so the above disclaimers and exclusions may not apply to you.
Regardless of the content of the preceding paragraph, if we must bear responsibilities, our liability to you or any third party is only limited to the following: the amount or fee that you paid to HKIPX 3 months prior to the occurrence of the relevant liability.
If you have a dispute with one or more members, you give up to make claims, request and damage compensation in any forms and of any nature, known or unknown, or any rights related to such dispute against us (and our managers, directors, agents, subsidiaries, joint ventures and employees).
Storage and interference
Our website contains computer automated programs to exclude headers, most of the information on the website will be updated in real time, and belong to HKIPX or authorized to HKIPX by members or service contractors. You agree that you will not use any robot software, spider software, routines or automatic devices to store the website for any purpose without our written consent.
In addition, you also agree to the following items:
· Do not take any action that will cause or may cause (as determined by us) an unreasonable or excessive load on our infrastructure;
· Do not copy, reproduce, modify, or publicly display any content on the HKIPX website or create derivative works (except your information) without the prior written consent of HKIPX or an appropriate third party;
· Do not interfere or attempt to interfere with the normal operation of the HKIPX website or any activities conducted on the HKIPX website;
· Will not, in any ways, circumvent our computer programs to exclude titles or other measures to prevent or restrict website access and storage.
You agree to compensate us (and our managers, directors, agents, subsidiaries, joint ventures and employees) and protect us from any claim or request caused by your violation of this contract, or any laws and regulations or third-party rights made by any third party, including reasonable attorney's fees.
No agency relationship
This contract does not represent or create any relationship between agency, partnership, joint venture, employment or franchisee and authorized person.
Unless explicitly stipulated otherwise, any legal notice should be sent to HKIPX by registered mail, forwarded by the company, or sent to the email address you provided to HKIPX during the registration process (notice to you). Unless the sender of the e-mail is notified that the e-mail address is invalid, the notification shall be deemed to have been delivered 24 hours after the e-mail is sent, or we may also send the legal notice by mail to the address you provided in the registration process; in this case, unless otherwise required by law, the notice shall be deemed delivered 3 days after the mail is sent.
Settlement of Disputes
In the dispute between you and HKIPX, our goal is to provide you with a neutral and cost-effective way to resolve the dispute quickly. Therefore, you and HKIPX agree that any legal or equity claims or disputes ("claims") arising from this contract or our services shall be resolved in accordance with one of the following solutions or in the way of the both parties issuing writing consents. Before taking these methods, we strongly encourage you to contact us directly and priorly to seek a solution. If you need to contact us, please go to the "About Customer Service Instructions" page. In addition to litigation methods, we will also consider reasonable requests to resolve disputes through other dispute resolution procedures (such as mediation or arbitration).
Laws and venues applicable to disputes — This contract is based on Hong Kong law. Hong Kong law applies to contracts made by Hong Kong residents and it is fully implemented in Hong Kong. Unless you agree with HKIPX or as explained in the "Arbitration Options" section below, any claims or disputes you claim against HKIPX shall be determined by the Hong Kong courts. You agree that when litigating all such claims or disputes, the Hong Kong courts have the right of personal jurisdiction over the litigation filed by you. After 30 days after either party issued a written notice to the other, and under the circumstance that the arbitration has not been submitted within 30 days, either party may initiate litigation in a court of competent jurisdiction in Hong Kong.
Arbitration options — For any claim with a total award less than HK$80,000 (not including seeking mandatory or other equitable assistance), you or HKIPX may choose to resolve the dispute through binding arbitration. Such arbitration is not required in person appear in court or conduct a hearing. If either party chooses to conduct arbitration, the arbitration will be conducted in accordance with simplified-formed arbitration regulations of the Hong Kong International Arbitration Center (HKIAC); however, if the above regulations are inconsistent with the terms of this contract, in this case, this contract shall prevail, or prevailed by which is instructed by the arbitrator in his full discretion. If the parties agree in writing, the arbitration can be conducted by any other institution that has the right to provide dispute resolution. The award made by the arbitrator may be recorded in any court with appropriate jurisdiction.
Inappropriate claims-all claims between the parties (but not including mandatory requirements that even though both parties agree such requirements, the effect will not conflict or detract from the binding effect of the arbitration agreement described in this contract), must be resolved by the dispute resolution mechanism selected in accordance with this clause. If either party files a ligitation in violation of the provisions of this clause, the other party can request recovery of attorney's fees and other expenses, provided that the party seeking compensation has notified the other party, and the other party has not withdrawn the claim.
The following policies, including all the policies derived from them, also belong to the content of this contract, explaining the terms and conditions of the specific services provided by the website:
· Service Interruption Policy —
· Prohibited, suspicious and infringing product policy —
· Discussion Forum Use Policy —
· Publication policy —
· Investigation procedures —
· Real Estate Policy —
· Community content policy (including product reviews, buying guides, Blog and Wiki articles, and member-built product introductions) —
· HKIPX Corporate Family Guidelines —
· Intellectual Property Regulations—
· HKIPX Buyer Protection Policy-applicable to each HKIPX website you use
The above policies are subject to change at any time, and they will take effect on the day they are posted on the website. When using a particular service on the website, you must abide by any policies or rules applicable to that website service, and we will post relevant policies on the website at any time. All policies or rules are incorporated into this contract. If you continue to use the website after the change is posted, it indicates that you accept the change and agree to abide by the revised policy.
If any clause in this contract is deemed invalid or unenforceable, such clause shall be deleted and the r clauses shall be implemented. We have the sole discretion to transfer this contract according to the instructions in the "Notice" section. The title is for reference only and does not limit the scope of that clause. If we do not exercise our rights in respect of your or others’ breach of contract, it does not represent that we give up our rights in future or our right in such breaches of contract. We do not guarantee that we will take action against all breaches of this contract.
We may publish revised terms on this website at any time to revise this contract. Unless otherwise stated, all revised terms will automatically take effect 30 days from the date of posting. If you continue to use our website and services after such change takes effect, it indicateds that you accept the change and agree to be bound by the revised contract; in addition, we will also notify you through the HKIPX "My Message Box". This contract shall not be amended in any other ways except that it is amended by you and us in writing form. This contract constitutes the entire agreement and agreement between you and us. If this contract is terminated for any reason, the following terms will continue to be valid: fees and services (arrears regarding your use of the service), exemption, buyer protection, content authorization, limitation of liability, indemnity and dispute resolution.
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