HONGMALL TERMS OF USE
This Terms of Use agreement (the “Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, or “user”)) and Webooook Information Technology Ltd. and its affiliates and subsidiaries (“HongMall”, “we”, “us”, or “our”), operating as HongMall, concerning your access to and use of the HongMall related mobile application, website, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”).
HongMall is an online shopping marketplace wherein users can purchase various products directly from us and our marketplace sellers (the “Marketplace Sellers”). You agree that by accessing the Platform, you have read, understood, and agreed to be bound by this Agreement. You further agree to revisit this Agreement from time to time to review any updates or changes to the Agreement. If you are using our Platform as a representative of an entity, you are agreeing to this Agreement on behalf of that entity.
IF YOU DO NOT AGREE WITH ALL OF TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions, documents, policies, or agreements that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time and for any reason.
We will alert you about any changes by updating the “effective date” of this Agreement, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Agreement by your continued use of the Platform after the date such revised Agreement is posted.
The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Platform is intended for users who are at least 18 years of age. IF YOU ARE BELOW 18 YEARS OF AGE, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ AND AGREE TO THIS AGREEMENT PRIOR TO YOU USING THE PLATFORM.
Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, United States of America, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in this Agreement, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks.
By using the Platform, you represent and warrant that:
(1) All registration information you submit will be true, accurate, current, and complete;
(2) You will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) You have the legal capacity and you agree to comply with this Agreement;
(4) You are not below 18 years of age;
(5) You will not access the Platform through automated or non-human means, whether through a bot, script or otherwise;
(6) You will not use the Platform for any illegal or unauthorized purpose; and
(7) Your use of the Platform will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
You may be required to register with the Platform and create a User account (the “User Account”). You agree to keep your password confidential and will be responsible for all use of your User Account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Each User Account will have a User page (the “User Page”), in which User information can be reviewed, changed, and
updated. The User Page may provide information about order history, Points history, Points balance, other personal information provided when registering for the User Account, among other things. You agree and acknowledge that you will take steps to ensure the privacy of your User Account and User Page.
We are an online shopping marketplace that provides our Platform as a service to enable users to purchase products directly from us and from Marketplace Sellers. The products sold by Marketplace Sellers shall hereinafter be referred to as the “Marketplace Products” and the products sold by us shall hereinafter be referred to as the “HongMall Products”. The products sold on the Platform include, but are not limited to, clothing, accessories, hygiene and beauty items, food and groceries, and electronics. Each respective product page will clearly identify whether the product is a Marketplace Product or HongMall Product.
You acknowledge and understand that the Marketplace Sellers are independent from Webooook Information Technology Ltd. and HongMall and are separate legal entities. The Marketplace Sellers are independent third parties, including individuals and businesses, using the Platform to sell Marketplace Products. Upon the acceptance of any new Marketplace Seller, we carry out due diligence in respect of the Marketplace Seller’s credentials, experience, products, and other factors, however, we do not provide any guarantees, warranties, or representations with respect to the Marketplace Sellers or the Marketplace Products, including credibility of the Marketplace Seller, experience of the Marketplace Seller, and product quality.
If you purchase products from one of our Marketplace Sellers, then the contract for such products is directly between you and the Marketplace Seller. We are not liable for any products that you may purchase from a Marketplace Seller. You acknowledge and understand that we have limited control and influence over the acts or omissions of the Marketplace Sellers. We are not liable or responsible for the contracts that you may enter into with Marketplace Sellers. You acknowledge and agree that we act as an intermediary between you and the Marketplace Sellers and we are not party to any contracts for Marketplace Products.
Each Marketplace Seller has a Marketplace Seller Page (the “Marketplace Seller Page”), wherein Users may find the Marketplace Seller’s contact and customer service information, location, and products, among other things. In addition, Users shall be able to view the shipping policy, return policy, and other policies relating to the Marketplace Seller’s sale of products through the Platform.
While we take steps to ensure that content pertaining to HongMall Products, including, but not limited to product descriptions, specifications, and images are accurate as possible, we do not guarantee or warrant such accuracy. You acknowledge and understand that there are many factors which may cause discrepancies in the actual
product and the associated product content, including, variations in the quality and colours of your computer monitor and/or phone screen, and compression and enlargement of images, among other things.
We provide no guarantees, warranties, or representations whatsoever concerning the accuracy of the content of Marketplace Products, including but not limited to, product descriptions, specifications, and images. You understand that we do not produce or manufacture the Marketplace Products and we do not prepare the associated product content and as such, we have limited control over the Marketplace Products and the associated product content. As with Hongmall Products, there are many factors which may cause discrepancies in the product and the product content. Nevertheless, we take several steps to vet Marketplace Sellers and their products as set out in the Marketplace Sellers section above.
We are not responsible for any alleged or actual misrepresentations by Marketplace Sellers pertaining to marketplace products. Given the extent of products listed by Marketplace Sellers you acknowledge and agree that certain products may fail to catch our attention during our due diligence and vetting procedures.
You are responsible to pay for any products that you purchase on the Platform, including the costs for such products, shipping fees, administration fees, customs and duties fees, among any other charges that may be determined necessary by us. Depending upon your location, we may accept any of the following payment methods: WeChat Pay, AliPay, VISA, MasterCard, American Express, VISA Debit, MasterCard Debit, UnionPay, Discover, JCB, Diners Club International, among others. We reserve the right to amend our accepted forms of payment at any time.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via our Platform. When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. If we believe your payment has violated any law or this Agreement, we reserve the right to cancel or reverse your transaction.
We reserve the right to cancel or amend your order if we determine any inconsistencies or discrepancies in product price, shipping fees, administration costs, customs and duties fees, and any other charges applicable to your purchase. You acknowledge and understand that occasionally there may be errors in product price, other charges, and availability.
Shipping, handling, and delivery of Marketplace Products is administered and controlled by Marketplace Sellers. For more information about the shipping procedures of Marketplace Sellers, please visit the respective Marketplace Seller Page and shipping policy therein. While we take steps to mediate concerns between you and Marketplace
Sellers, we are unable to provide you any guarantee or warranty with respect to the shipping, handling, and delivery procedures of Marketplace Sellers.
Shipping, handling, and delivery of Hongmall Products is administered and controlled by us. We will ship your order once it has been processed by us, which generally takes 1-2 business days, save and except for promotional events, holidays, sales, and other events, at our sole discretion, which may delay processing. Depending upon your location and the nature of your order, we may offer various shipping methods, including standard shipping and expedited shipping. You acknowledge and agree that your order may be delivered in multiple parcels or packages. You will be billed for shipping and other related charges upon the checkout of your order, unless your order is eligible for free shipping determined at our sole discretion. In case of a returned product, we may refund you for the original shipping fees at our sole and unfettered discretion.
We may advise you of an estimated shipment date upon the placement of your order and offer you the ability to track your order. This is purely for knowledge and informational purposes. We make no representations or warranties in respect of the estimated shipping date or the tracking of your order. Further, we are not responsible for delays in delivery, and any damages arising therefrom, due to events which are beyond our control such as acts of God, pandemics, acts of the government, fires, floods, civil unrest, strikes, lockouts, and freight embargoes.
We set the following limits on quantity and weight of each order to ensure that orders are made for personal use, and not for any other purposes, including wholesaling and bulk resale. We reserve the right to deny any orders infringe on the following:
(1) Maximum quantity of a single product shall be 10 items per order; and
(2) Maximum shipment weight shall be 15kgs or 33lbs.
Certain orders may require a signature at the time of delivery. If a signature is required, the shipping carrier will make one delivery attempt and leave a notice with instructions on where to pick up the package. The carrier will hold the package for a certain number of business days before returning it back to us.
Any order that you place for a Hongmall product on the Platform is an offer to us to buy the product specified in your order. When you place such order and we accept your payment, we will provide you with a notification confirming receipt of your order, along with the quantity, price, description of products purchased, among other things (the “Order Notification”). An order is not binding upon us until it is accepted; we must receive payment before we will accept an order. Payment for a product ordered is due prior to shipment. Once payment is received and an order is accepted, a contract will come into existence between you and us. We may, in our sole discretion, at any time after receiving your order, accept or decline your order for any reason. In addition, we may, in our sole discretion, cancel your order and limit order quantity.
We process orders for Marketplace Products in a similar manner to the above, however, during the processing of any order for Marketplace Products, we are solely acting as an agent for the Marketplace Sellers and we are not entering into a contract with you. As described in the Marketplace Sellers section of this Agreement, we solely act as intermediaries between you and the Marketplace Sellers, and any Marketplace Products purchased by you constitute a contract between you and the respective Marketplace Seller.
While we actively take steps to prevent missed or delayed orders, from time to time, this may occur due to our inadvertence (determined at our sole discretion) or for reasons outside of our control such as an error by the shipping carrier. If an order was missed or delayed due to our inadvertence, then we may provide you a refund of your payment or another form of compensation, at our sole and unfettered discretion. If an order was missed or delayed, without fault from us, then we are not responsible to refund your payment. Namely, we are not responsible if there are errors in the shipment information provided by you or if there is an error by the shipping carrier. However, we actively assist you in coordinating with shipping carriers and achieving a solution for the missed or delayed order. You acknowledge and understand that it is your obligation to provide accurate and up to date shipping information upon the placement of your order.
We understand that you may want to cancel or amend an order after placing it. As such, we offer you the ability to cancel or amend your order, subject to our sole discretion. To request a cancellation or amendment, you must immediately notify us as the customer service information given herein or through prompts provided on the Platform (“Cancellation Request”). Cancellation Requests shall be determined at our sole discretion. We will process and determine your Cancellation Request on a case by case basis and in accordance to the following principles.
We do not offer cancellations or amendments whatsoever on orders containing special order or custom products. Generally, if you attempt to cancel or amend your order immediately following placement, which does not contain special order or custom products, we will accept your Cancellation Request. Generally, if your order has been processed for shipping, then we will not accept your Cancellation Request.
We have no obligations or responsibilities to any User to administer, process, or accept returns or exchanges on behalf of Marketplace Sellers whatsoever. All Users seeking to return or exchange Marketplace Products, for whatever reason, shall contact the Marketplace Sellers directly. You may review the Marketplace Seller’s return policy and other policies on the respective Marketplace Seller Page. You acknowledge and understand that we have limited control over the Marketplace Sellers’ processing of returns and exchanges. Although, we take active steps to ensure that Marketplace
Sellers’ return policies are acceptable and to our standards, we are unable to override the decision of Marketplace Sellers pertaining to returns and exchanges.
To request a return or exchange of a HongMall Product, you must immediately notify us at the customer service information given herein or through prompts provided on the Platform (“Return Request”). For more information about the returnability or other relevant information of a product, please visit the respective product page. Some products may have special instructions pertaining to returns. All Return Requests shall be determined at our sole discretion. We will process and determine your Return Request on a case-by- case basis and in accordance with the following principles.
If you seek to return a product for convenience, and such product is not damaged or defective, or expired, then we may accept your Return Request if it is made within 30 days of shipment of the Product. All such products must be unopened and contained within the original packaging.
If you seek to return a product which is damaged, defective, or expired upon delivery, then we may accept your Return Request if it is made within 7 days of shipment of the Product. If you seek to return a product which is defective, and is not so upon delivery, but becomes defective later onwards, then we may accept your return request if it is made within 30 days. For damaged, defective, or expired products, we may require you to provide us with pictures and other proof to evidence the issues. Such pictures and other proof may be provided via email or directly through the Platform. Following the expiry of the time periods given in this paragraph, we will generally advise you to contact the manufacturer or producer with respect to any concerns of damage, defects, or expiry.
The following products are non-returnable, food and edible products, adult products, final sale and clearance products, underwear products, special order, custom products, and any other products which may be designated as non-returnable or non-exchangeable on the respective product page.
HongMall Products returns shall be shipped back to the original shipping location of the product, which you may determine by contacting our customer service or by reviewing the shipping and product documentation, provided along with the product. We will not accept the return of any Marketplace Products at our shipping locations. HongMall operates the following shipping locations:
(1) HongMall Canada: 10 Whitehall Dr, Markham, ON, Canada, L3R 5Z7
(2) HongMall US: 18600 San Jose Ave, City of Industry, CA, United States, 91748
(3) HongMall Japan: Sogo Shoji Bldg.2F,2-4-11, Honmachi, Chou-ku, Chiba-shi, Chiba, Japan, 2600012
The languages used on the Platform are primarily Chinese and English, and other languages may be permitted from time to time. For instance, product descriptions may be
provided in Chinese and English, and Users may have the opportunity to switch between both languages. In the event of any miscommunications or misunderstandings pertaining to the Platform, any products on the Platform, and the interpretation of this Agreement, the English language shall prevail and shall hold precedence over the Chinese language. Further, the Platform may offer customer service in Chinese, in addition to English, at its discretion and depending on its needs. If there is any content or material on the website which is solely in Chinese, and the same content or material is not provided in English, then the Chinese language shall hold precedence.
We may offer reward points on the Platform for various User activities such as registration of a User account, purchase of a product, continued use of a User Account, among other things (the "Points"). The Points are not redeemable for cash and have no cash or monetary value. Points are purely promotional in nature and do not constitute a property right or interest or confer any such right or interest to you. Points may be redeemed immediately or accrued overtime. We may discontinue or modify the Points program, raise and lower the value of the Points, add and remove ways to earn or use Points, or revise the Points program terms and conditions at any time. All Points terminate upon any termination of your User account. Please see the Points rules below for additional terms applicable to acquiring and using Points. Points may only be redeemed on the Platform or as otherwise specifically designated and approved by us. Users may view their Points balance and Points history on their User Page.
You understand and agree that Points and any receipt, use or other activity involving Points are subject to your compliance with this Agreement, including the following Points rules, and any other rules and requirements we may impose now or in the future.
(1) Points may be awarded for User participation in Platform activities (such as those given above), and as otherwise determined by us.
(2) Points may only be redeemed on the Platform or as otherwise specifically directed by us.
(3) We may, without prior notice and in our sole discretion, alter, limit, or modify Points rules, regulations, Points earning structure, Points redemption levels, or any other feature of the Points program at any time.
(4) We reserve the right to void redemption privileges of any Users who have wrongfully earned Points (whether by circumvention, transfer, purchase, deception, forgery, fraud, or otherwise), or have breached these Points rules or this Agreement.
(5) Points are not transferable from one User account to another. Points may not be reproduced, are not redeemable for cash. Points shall be deducted from the User’s account at the time of redemption.
(6) We have absolute discretion with respect to how Points are earned and how Points are used. We may zero out and/or reduce your Points if we become aware of any alleged or confirmed violation of this Agreement, the Points rules, or any applicable law or regulation, and the final determination with respect to such Points in connection with such alleged or confirmed violation shall be in our sole discretion.
(7) Violations of these Points rules may result in loss of your User account, permanent or temporary block of access to the Platform, loss of or reduction of Points, or as otherwise reasonably determined by us in our sole discretion.
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Platform, you agree not to:
(1) Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
(2) Make any unauthorized use of the Platform, including collecting usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
(3) Use a buying agent or purchasing agent to make purchases on the Platform.
(4) Use the Platform to advertise or offer to sell goods and services.
(5) Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
(6) Engage in unauthorized framing of or linking to the Platform.
(7) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
(8) Make improper use of our support services or submit false reports of abuse or misconduct.
(9) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
(10) Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
(11) Attempt to impersonate another user or person or use the username of another user.
(12) Sell or otherwise transfer your profile.
(13) Use any information obtained from the Platform in order to harass, abuse, or harm another person.
(14) Use the Platform as part of any effort to compete with us or otherwise use the Platform or the Content for any revenue-generating endeavor or commercial enterprise.
(15) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
(16) Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
(17) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
(18) Delete the copyright or other proprietary rights notice from any Content.
(19) Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
(20) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
(21) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”).
(22) Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
(23) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
(24) Use the Platform in a manner inconsistent with any applicable laws or regulations.
The Platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Platform and through third-party websites. As such, any Contributions you transmit should be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
(1) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
(2) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other users of the Platform to use your Contributions in any manner contemplated by the Platform and this Agreement.
(3) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of
each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platform and this Agreement.
(4) Your Contributions are not false, inaccurate, or misleading.
(5) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
(6) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
(7) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
(8) Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
(9) Your Contributions do not violate any applicable law, regulation, or rule.
(10) Your Contributions do not violate the privacy or publicity rights of any third party.
(11) Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
(12) Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
(13) Your Contributions do not include any offensive comments that are connected to age, ancestry, citizenship, colour, creed, religion, disability, ethnic origin, family status, marital status, place of origin, race, records of offenses, gender, sex, sexual preference, sexual orientation (each a “Prohibited Ground”).
(14) Your Contributions do not otherwise violate, or link to material that violates, any provision of this Agreement, or any applicable law or regulation.
Any use of the Platform in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Platform.
We may provide you areas on the Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) You should have firsthand experience with the person/entity being reviewed;
(2) Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) Your reviews should not contain discriminatory references based on a Prohibited Ground;
(4) Your reviews should not contain references to illegal activity;
(5) You should not be affiliated with competitors if posting negative reviews;
(6) You should not make any conclusions as to the legality of conduct;
(7) You may not post any false or misleading statements; and
(8) You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty- free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, or distribute all content relating to reviews.
As part of the functionality of the Platform, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:
(1) Providing your Third-Party Account login information through the Platform; or
(2) Allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us or grant us access to your Third- Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third- Party Account.
By granting us access to any Third-Party Accounts, you understand that:
(1) We may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Platform via your account, including without limitation any friend lists; and
(2) We may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third- Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third- Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Platform. Please note that if a Third- Party Account or associated service becomes unavailable or our access to such Third- Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Platform.
You will have the ability to disable the connection between your account on the Platform and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Platform.
You can deactivate the connection between the Platform and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Platform may contain (or you may be sent via the Platform) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Platform or any Third- Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you
decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware this Agreement no longer governs.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform. Any purchases you make through Third- Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the Products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such Products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
You acknowledge and agree that the availability of the Platform is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this Agreement is between you and Hongmall and not with the App Store. Hongmall, not the App Store, is solely responsible for the Software and the Services, including the Application and the Services, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or the Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement.
We reserve the right to:
(1) Monitor the Platform for violations of this Agreement;
(2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or this Agreement, including without limitation, reporting such user to law enforcement authorities;
(3) In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) In our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) Otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
We care about data privacy and security. Please review our Privacy Policy posted on the Platform. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into this Agreement by reference. It is important you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.
If you access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use of the Platform, you are transferring your data to Canada, and you expressly consent to have your data transferred to and processed in Canada.
This Agreement shall remain in full force and effect while you use the Platform.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in this Agreement will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
These terms shall be governed by and defined following the laws of Canada and US. Webooook Information Technology Ltd. and its affiliates and subsidiaries and yourself irrevocably consent that the courts sitting in the City of Toronto, Ontario, Canada and the County of Los Angeles, California, USA shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms. Webooook Information Technology Ltd. and its affiliates and subsidiaries shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the province or state of your principal place of business.
To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), including Disputes that may involve Marketplace Sellers, the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) for at least 30 days before initiating any formal legal action. Such negotiations commence upon written notice from one Party to the other Party. We actively take steps to intermediate and resolve disputes between you, us, and Marketplace Sellers.
After this 30 day negotiation period, the Parties shall commence mediation. The Parties have 15 days to agree on a mediator to resolve any Dispute(s). If the Parties cannot agree on a mediator, a mediator shall be appointed by the ADR Institute of Canada, Inc. This mediation shall be governed pursuant to the National Mediation Rules of the ADR Institute of Canada, Inc., and shall take place in Toronto, Ontario, Canada. The Parties agree to attempt to resolve all Disputes in good faith, and to equally share the costs of mediation. If the Dispute(s) cannot be resolved within 45 days, the mediation shall be terminated, and the Parties are free to pursue arbitration or litigation at their own risk.
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the Province of Ontario and the Parties hereby consent to and waive all defenses with respect to venue and jurisdiction in such courts.
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Platform’s offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) ADVERSE REACTIONS, ALLERGIES OR ANY OTHER INJURY FROM THE USE OF FOOD PRODUCTS,
(3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM,
(4) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
(5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM,
(6) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR
(7) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBPLATFORM, OR ANY
WEBPLATFORM OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU UNDERSTAND THAT WE DO NOT MANUFACTURE ANY OF THE PRODUCTS SOLD THROUGH OUR PLATFORM. THE PRODUCTS ON OUR PLATFORM ARE PRODUCED, LISTED AND SOLD DIRECTLY BY THE INDEPENDENT SELLERS, SO WE DO NOT MAKE ANY WARRANTIES ABOUT THE QUALITY, SAFETY OR EVEN THE LEGALITY OF THE PRODUCTS SOLD THOOUGH OUT PLATFORM. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $400.00 CAD. CERTAIN JURISDICTIONS’ LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) Your Contributions;
(2) Use of the Platform;
(3) Violation of this Agreement;
(4) Any breach of your representations and warranties set forth in this Agreement;
(5) Your violation of the rights of a third party, including but not limited to intellectual property rights; or
(6) Any overt harmful act toward any other user of the Platform with whom you connected via the Platform.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
This Agreement and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
This Agreement operates to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Agreement or use of the Platform.
You agree that this Agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
We are Webooook Information Technology Ltd., a company registered in pursuant to the laws of the country of Canada, operating under the business name HongMall. Our company’s registered office address is 10 Whitehall Dr, Markham, ON, Canada L3R 5Z7.
If you have any questions regarding this Agreement or any questions or problems relating to our Platform, you can contact us at:
Canadian Users: service.ca@hongmall.com
United States of America Users: service.us@hongmall.com
Canadian and United States of America Customer Service Line: 1-844-604-1230