Terms and Conditions
Effective Date: 1st Mar 2015.
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES AVAILABLE THROUGH THE SITE.
Welcome to TRAVOBUY! You have arrived at a website provided by TRAVOBUY Company Limited, a Hong Kong S.A.R. registered company, and its subsidiaries and affiliated entities, "TravoBUY" or "we," "us" or "our"). These Terms and Conditions of Service ("Terms") govern your use of TravoBUY.com (including, without limitation, both mobile and online versions of our site), and also applies to your use of all features, applications, content, downloads and other services that we make available through the site and/or that post a link to these Terms (collectively, referred to herein as the "Site").
The Site is a platform connecting users who have registered to join and use the Site and its features (each a "Member"). The Site enables communication between Travobuyers with Wanters. "Wanters" are Members that use the Site seeking to purchase items ("Products") from “Travobuyers”, and "Travobuyers" are Members who use the Site to help “Wanters” buy on their behalf and bring back on their way to “Wanters’” physical location.
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT.
When using the Site, please keep in mind that:
- Site is Only a Venue for Members. The Site is a platform for enabling communication between Travobuyers and Wanters for the purchase of Products. TravoBUY is not responsible for the performance of its Members nor does it have control over its Members' actions, omissions, timing, integrity nor the timing, legality, quality failure to provide, or any other aspect of the Products delivered or requested by its Members.
- All transactions for Products are solely between Members. By requesting a transaction on the Site, you as the Wanter are offering the Travobuyer the opportunity to enter into a contract with you. Similarly, when a Travobuyer lists a Product they can help to buy on the Site, the Travobuyer is offering the Wanter an opportunity to enter into a contract. Upon acceptance by a Travobuyer of a Wanter's payment, a contract between the Travobuyer and the Wanter is formed. TravoBUY is not a party to that agreement between the Travobuyer and the Wanter. Because TravoBUY is not involved in the contact between Members or in the fulfillment of delivery of a Product, in the event that you have a dispute with one or more Members, TravoBUY expressly disclaims any liability that may arise between Members of its Site. NEITHER TRAVOBUY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT BETWEEN MEMBERS OR THE PRODUCTS, AND YOU HEREBY RELEASE TRAVOBUY AND ITS AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED THERETO. TRAVOBUY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE PRODUCTS PURCHASED FROM A TRAVOBUYER.
2. ACCOUNT REGISTRATION.
If you register for an Account, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your Account, password, and username - whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any password protected portion of the Site using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your Account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your Account or any Account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. TravoBUY has no control over the use of any Member's Account and expressly disclaims any liability derived therefrom.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your Account. We also reserve the more general and broad right to terminate your Account or suspend or otherwise deny you access to it or its benefits - all in our sole discretion, for any reason, and without advance notice or liability. If you would like to close your Account, please contact us and include "Account Closure Request" in the subject line with your full name and email address associated with your Account.
3. SERVICES OVERVIEW
3.1 Offers. An offer from a Travobuyer is accepted once the Wanter pays the Travobuyer directly through the PSP provider (defined below) integrated into the Site. Once the Wanter has elected to enter into a transaction and payment has been made, the Travobuyer is obligated, subject to availability, to complete the transaction, unless otherwise prohibited under applicable law or these Terms. The transaction will be completed once the Product(s) are marked received by the Wanter or verified confirmation is received by the carrier that the item was received. Once complete, the Travobuyer and Wanter are encouraged to complete a review of the service provided by the other party.
3.2 Listing Conditions. When listing an item on the Site, you agree that:
- You are responsible for the accuracy and content of the listing and any Product offered on the Site.
- Content that violates any of our policies may be deleted at TravoBUY's discretion. Please refer to our Community Guidelines and list of Prohibited Items available here.
- We strive to create a marketplace where Wanters find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- Travobuyer's location, search query, browsing site, and history;
- Product's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- Travobuyer's history, Wanters reviews and feedback, and defect rate; and
- Number of listings matching the Wanter's query.
Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the Wanter.
3.3 Purchase Conditions. When buying an item, you agree that:
- You are responsible for reading the full item listing before making or accepting an offer or commitment to buy a Product.
- You enter into a legally binding contract to purchase a Product when you commit to buy a Product (or your offer is otherwise accepted).
- We do not transfer legal ownership of items from the Travobuyer to the Wanter.
4. INTERNATIONAL BUYING AND SELLING; TRANSLATION
Our Site and many of our Services are accessible to international Travobuyers and Wanters. We may offer certain programs, tools, and Site experiences of particular interest to international Travobuyers and Wanters, such as estimated local currency conversion and international shipping calculation tools. Wanters and Travobuyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
To assist users who may speak different languages, whenever automated translation solutions are available, you direct us to use automated tools to translate your User Content (including your listings), in whole or in part, into local languages and, when using the Site as a Wanter, to provide you with access to translated content. As a Wanter, you may also have access to tools, which will enable you to translate content as requested. The accuracy or availability of translations is not guaranteed.
Once a Wanter pays through PSP for an agreed transaction with a Travobuyer, Travobuyer is responsible for shipping the item to the Wanter, either by post or by direct delivery.
If the agreed delivery method is direct delivery, the Travobuyer is responsible for bringing the product directly to the Wanter. If the agreed delivery method is by post, the Travobuyer assumes full responsibilty for the export shipment. In the event that the Travobuyer needs to bring the item or post the item from one country to another, the Travobuyer is liable for the accuracy of information he/she provides about items and assumes responsibility for clearing with customs and revenue authorities, ensuring the item complies with border regulations and paying necessary import taxes and duties.
Products purchased on the Site are also eligible for PayPal Seller Protection and PayPal Purchase Protection (also known as PayPal Buyer Protection), if you meet all of the basic requirements listed in PayPal's eligibility requirements.
6. FEES FOR SERVICES
Registering for an Account is free. There is also no charge for listing any items on the Site or reviewing Content on the Site. However, fees are charged for certain services ("Services") available on the Site, including handling fees for confirming an order with a Travobuyer. The handling fee paid to TravoBUY shall not exceed 15% of the Product Payment cost. When you use the Service that has a fee you have an opportunity to review and accept the fees that you will be charged. All fees and charges payable to TravoBUY are non-cancellable and non-refundable, unless prohibited under applicable by law.
No Responsibility for Product Prices or Changes to Shipping Charges. We do our best to describe every item, Product or Service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that specifications or fees on the Site are complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, TravoBUY shall have the right to refuse or cancel any orders in its sole discretion. Additional terms may apply.
Modifications to Billing Terms. PRODUCTS AND SERVICES DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES. TRAVOBUY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS FOR SERVICES, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
You are responsible for paying all fees and taxes immediately associated with your use of the Site and the Services. You must agree to the change in fees to continue to use the Site. If you do not agree to the change you will need to notify us and we will close your Account. Payment terms for all invoiced amounts will be thirty (30) days from the date of invoice as long as your Account is current. If you do not pay an invoice(s) when due, you may be charge a late payment fee on the unpaid amounts and we may suspend your use of the Site without prior notice until we have received the fees due.
7. METHOD OF PAYMENT AND TAXES.
We are not a payment card processor and as such we do not process payment card transactions. Funds paid by Wanters for Products are processed by PayPal (the "PSP"). Members may be required to register with the PSP, agree to Terms of Service of the PSP and go through a vetting process at the request of the PSP to set up their account with the PSP, which may include providing their credit card or bank account details to the PSP. Terms of Service between Wanters and the PSP retained by TravoBUY are available here (the "PSP Agreement").
Wanters will be responsible for paying the invoice for each Product (the "Invoice"), which will include the pricing terms of the Product agreed with and provided by a Travobuyer ("Product Payment") in connection with the Product, and the handling fee TravoBUY assesses for the Service, based on the Product Payment amount.
Within 24 hours the Wanter will receive confirmation through the Site or via email that a transaction has been completed. The Wanter authorizes TravoBUY to provide Wanter's payment details to the PSP for processing of Product Payment and any fees owed to TravoBUY for the use of the Service. TravoBUY reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any Product Payment or (ii) refund, provide credits or arrange for the PSP to do so.
Wanters and Travobuyers will be liable for any taxes (including VAT, if applicable) required to be paid on the Products and Services provided under the Agreement (other than taxes on the TravoBUY's income) including, but not limited to, sales, use or value-added taxes. If any additional taxes, customs, import/export charges, or similar governmental charges on the Products apply in the country of the Wanter, the Wanter is solely responsible for paying such amounts.
8. SITE CONTENT, OWNERSHIP, LIMITED LICENSE AND RIGHTS OF OTHERS
8.1 Content. The Site contains a variety of: (i) materials and other items relating to TravoBUY, TravoBUY's products and mission statement, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of TravoBUY (collectively, "Trademarks"); and (iii) other forms of intellectual property (all of the foregoing, collectively "Content").
8.2 Ownership. The Site (including past, present and future versions) and the Content are owned or controlled by TravoBUY and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Site is the property of TravoBUY or our licensors or certain other third parties, and is protected by Hong Kong and international copyright, trademark, patent, or other intellectual property rights and laws to the fullest extent possible. TravoBUY owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
8.3 Limited License. Subject to your strict compliance with these Terms and the Additional Terms, TravoBUY grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a "Device") for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in TravoBUY's sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
8.4 Rights of Others. When using the Site, you must respect the intellectual property and other rights of TravoBUY and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
9. PUBLIC FORUM; SITE AND CONTENT USE RESTRICTIONS
9.1 Site Use Restrictions. You agree that you will not: (i) use the Site for any political purpose; (ii) use any meta tags or any other "hidden text" utilizing any Trademarks; (iii) engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to TravoBUY; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user's access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, TravoBUY, or other users of the Site; (vi) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, or the User-Generated Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; (ix) request, offer, sell or accept any Prohibited Items listed in the Usage Rules; or (x) otherwise violate these Terms or any Additional Terms
9.2 Content Use Restrictions. You also agree that, in using the Site: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of TravoBUY or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
9.3 Availability of Site and Content. TravoBUY may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them), in whole or in part, for any reason, in TravoBUY's sole discretion, and without advance notice or liability.
9.4 Reservation of All Rights Not Granted as to Content and Site. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Site. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by TravoBUY and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.
10. USER-GENERATED CONTENT.
10.1 General. TravoBUY may now or in the future offer users of the Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site (collectively, "submit") messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, "User-Generated Content"). TravoBUY may allow you to do this through forums, blogs, message boards, social networking environments, contact us tools, email, and other communications functionality. Subject to the license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
10.3 License to TravoBUY of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User-Generated Content, you hereby grant to TravoBUY, and you agree to grant to TravoBUY, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or Sites. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to TravoBUY to your User-Generated Content, you also hereby grant to TravoBUY, and agree to grant to TravoBUY, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
10.4 Exclusive Right to Manage Our Site. TravoBUY may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and TravoBUY may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation, the content restrictions set forth below in the Usage Rules (defined in Section I). Such User-Generated Content submitted by you or others need not be maintained on the Site by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Site or elsewhere.
10.5 Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content: (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant TravoBUY the rights to it that you are granting by these Terms and any Additional Terms, all without any TravoBUY obligation to obtain consent of any third party and without creating any obligation or liability of TravoBUY; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to TravoBUY's permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.
10.6 Enforcement. TravoBUY has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at TravoBUY's cost and expense, to which you hereby consent and irrevocably appoint TravoBUY as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
11. COMMUNITY USAGE RULES & PROHIBITED ITEMS.
As a Member of the Site, the Usage Rules ("Rules") are here to help you understand the conduct that is expected of Members of the Site's online communities ("Communities"). Your participation in the Communities is subject to all of the Terms, including these Rules found here. The Rules also include a list of Prohibited Items that you agree to not request, offer, sell or accept.
If you submit User-Generated Content that TravoBUY reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Site.
12. NOTICES, QUESTIONS AND CUSTOMER SERVICE
You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Site, or in another reasonable manner; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your Account information.
If you have a question regarding using the Site, you may contact us here. You acknowledge that the provision of customer support is at TravoBUY's sole discretion and that we have no obligation to provide you with customer support of any kind.
13. LINKS BY YOU TO THE SITE
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site to list Product requests or Products available for purchase, so long as: (a) the links only incorporate text, and do not use any Trademarks; (b) the links and the content on your website do not suggest any affiliation with TravoBUY or cause any other confusion; and (c) the links and the content on your website do not portray TravoBUY or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to TravoBUY. TravoBUY reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
14. LINKS; ADVERTISEMENTS; DEALINGS WITH THIRD PARTIES
14.1 Linked Sites; Advertisements. The Site may contain links, as part of third-party ads on the Site or otherwise, to or from third-party websites ("Linked Sites"), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with TravoBUY. TravoBUY may have no control over the content, operations, policies, terms, or other elements of Linked Sites, and TravoBUY does not assume any obligation to review any Linked Sites. TravoBUY does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, TravoBUY is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, TravoBUY will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites. TravoBUY disclaims all liability in connection therewith.
14.2 Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). TravoBUY disclaims all liability in connection therewith.
- Wireless Features. The Site may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Site's features and upload content to the Site, receive messages from the Site, and download applications to your wireless Device (collectively, "Wireless Features"). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
- Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Site for Wireless Features, then you agree to notify TravoBUY of any changes to your wireless contact information (including phone number) and update your Account on the Site to reflect the changes.
16. GOVERNING LAW AND FORUM FOR DISPUTES
These Terms and any Additional Terms, and the interpretation, performance and enforcement of your and TravoBUY's rights and duties, shall be construed in accordance with the laws of Hong Kong. Hong Kong law will apply to all other issues; however, if a provisional remedy is sought, the law of the place where such remedy is sought will apply. Disputes with any third party service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the third party service provider.
17. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. Therefore, to the fullest extent permissible by law, TravoBUY and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the "TravoBUY Parties") hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
- Any failure of the PSP to process payments or any error or omission in the payment processing caused by the PSP;
- The Site (including the Content and the User-Generated Content);
- Any transaction between Members of the Site;
- The functions, features, or any other elements on, or made accessible through, the Site;
- Any Products, services, or instructions offered or referenced at or linked through the Site;
- Security associated with the transmission of your User-Generated Content transmitted to TravoBUY via the Site;
- Whether the Site or the servers that make the Site available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
- Whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely, or reliable;
- Whether any defects to or errors on the Site will be repaired or corrected;
- Whether your access to the Site will be uninterrupted;
- Whether the Site will be available at any particular time or location; and
- Whether your use of the Site is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A TRAVOBUY PARTY, TRAVOBUY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions' laws are applicable.
18. LIMITATIONS OF OUR LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY TRAVOBUY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
- The Site (including the Content and the User-Generated Content);
- The Products;
- Members' use of or inability to use the Site, or the performance of the Site;
- Transactions between Members' that occur as a result of Members' use of the Site;
- Any action taken in connection with an investigation by TravoBUY Parties or law enforcement authorities regarding your access to or use of the Site;
- Any action taken in connection with copyright or other intellectual property owners or other rights owners;
- Any errors or omissions in the Site's technical operation; or
- Any damage to any user's computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if TravoBUY Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRAVOBUY PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID TRAVOBUY IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
19. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY TRAVOBUY (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF TRAVOBUY.
20. UPDATES TO TERMS
These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SITE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SITE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SITE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Site (at least prior to each transaction or submission). The new terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the terms of service (and any applicable Additional Terms) that applied when you previously used the Site will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your Account and the email you associated with your Account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Site and related services.
21. General Provisions
21.1 Governing Law
This Agreement, including the arbitration agreement at clause 11.2, is governed by the laws of Hong Kong S.A.R., without reference to any conflict of laws principles that would require the application of the laws of any other jurisdiction.
Subject to clause 11.3 below, if any dispute, controversy or claim arises between the parties under, out of, or in relation to this Agreement, including any dispute concerning the formation, construction, interpretation, or breach of this Agreement or a party’s performance of its obligations hereunder (“Dispute”), the parties shall attempt in the first instance to resolve the Dispute through mutual good faith consultation. If the Dispute is not resolved in this manner within forty-five (45) days of a party’s notice of a Dispute, then any party may serve a notice on the other party requiring the Dispute to be submitted to arbitration as follows:
21.2.1 Subject to clauses 11.2.2 and 11.3 below, any dispute, controversy or claim arising out of or relating to this Agreement, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration (“HKIAC”) Rules in force when the notice of Arbitration is submitted in accordance with these Rules:
188.8.131.52 the number of arbitrators shall be one, which arbitrator shall be chosen by mutual agreement of the parties. Should the parties be unable to agree on a choice of arbitrator within 10 days, then HKIAC will select the Arbitrator.
184.108.40.206 the arbitration proceedings shall be conducted in English. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control.
220.127.116.11 Each party shall bear its own attorney’s fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Administrator and the Arbitrator; provided, however, the Arbitrator shall be authorized to determine whether a party is the prevailing party, and if so, to award to that prevailing party reimbursement for its reasonable attorneys’ fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the Administrator and the Arbitrator.
18.104.22.168 The Arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The Arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 9 of this Agreement. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Hong Kong S.A.R.
21.2.2 Subject to clause 11.3 below, either party may apply to HKIAC in writing to have the dispute resolved through the expedited procedure where (i) the total amount of the award sought is less than forty thousand Hong Kong Dollars (HK$ 40,000.00); or (ii) the parties mutually agree to make such application for an expedited arbitration. The party demanding arbitration will propose an expedited arbitration and the other party shall not unreasonably withhold consent to use such expedited procedure. The parties shall follow the provisions set out in clause 11.2.1 above, save that the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; and b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
21.3 Notwithstanding the foregoing, either party may at any time proceed directly to any court of competent jurisdiction to seek protection or enforcement of its intellectual property rights and/or to seek specific performance, interim or final injunctive relief or other equitable relief.
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
21.5 No Assignment
This Agreement and your rights and obligations under this Agreement may not be assigned, delegated, or otherwise transferred, in whole or in part, by operation of law or otherwise, by you without TRAVOBUY’s express prior written consent. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. TRAVOBUY may assign this Agreement or any of its rights under this Agreement to any third party with or without your consent.
TRAVOBUY may give any notice required by this Agreement by means of a general notice on the Website, APP or via electronic mail to your email address on record with TRAVOBUY. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after posting or mailing. You may give notice to TRAVOBUY, addressed to the attention of Wade Garland. Such notice shall be deemed given when received by TRAVOBUY by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the following address: TravoBUY Company Ltd. Room 602, 43 Lyndhurst Terrace, Central, Hong Kong.
TRAVOBUY’s remedies for any breach of this Agreement by you will include damages, injunctive relief, specific performance, and restitution. You acknowledge that any breach of this Agreement by you would cause irreparable injury to TRAVOBUY for which monetary damages would not be an adequate remedy and, therefore, TRAVOBUY will be entitled to injunctive relief (including specific performance). The rights and remedies provided to each party in this Agreement are cumulative and in addition to any other rights and remedies available to such party at law or in equity.
All waivers must be in writing and signed by the party to be charged. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
21.9 Time Is of the Essence
Time is of the essence in the performance of completing purchase transactions and your other obligations under this Agreement.
21.10 Entire Agreement; Amendments
This Agreement and any document explicitly referred to in this Agreement comprises the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous communications and understandings between the parties. Except as permitted herein, no modification of or amendment to this Agreement will be effective unless in writing and signed by the party to be charged.
In the event that you provide TRAVOBUY with any feedback regarding the Site, App and related services, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the Service or the Website (“Feedback”), you hereby assign to TRAVOBUY all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
21.12 Modifications to Site and App
TRAVOBUY reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, App and related services (or any part thereof) with or without notice. You agree that TRAVOBUY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, App or related services.
21.13 Responsibility for receipt of Deliverables
TRAVOBUY can under no circumstance be held liable for lost, damaged, incorrect or late delivered products, nor does TRAVOBUY guarantee that phone lines, Internet or other networks provide a reliable means of transmissions of product information. Travobuyers are solely responsible for the proper completion of a purchase transaction and deliver to Wanters before the delivery deadline.
21.14 Damage to devices
TRAVOBUY is not liable for any damage caused to computers or smartphones as a result of using the Site, App or completing a purchase transaction.
Questions and complaints regarding exclusions, terminations or denials of service can be sent here.
Mar 2015 Copyright TRAVOBUY™ Co. Ltd. 2015