1. AGREEMENT BETWEEN YOU AND MARKET HONG KONG
This Terms of Service (“TOS”) applies to the Market Hong Kong operated Web Sites, including without limitation, the Unfranchise™ Ecommerce Web Site, advertisement sites including but not limited to all Market Hong Kong Banner Advertisements ("Banner Ads"), the market Hong Kong distributor portals and the Market Hong Kong Mini Web-Sites (individually the "Web Site" and collectively as the "Web Sites:). This TOS does not apply to the content of third party websites. In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within any particular Market Hong Kong site, then these terms shall control.
2. INTENDED AUDIENCE
This site is a business and commercial site, and therefore not intended for persons under the age of 18. The material on the Web Sites is published by Market Hong Kong as a service to its Independent Distributors and their customers who reside in Hong Kong. This site is not intended for access or use outside of Hong Kong. Market Hong Kong and its affiliates make no claims that the information located on this site is appropriate for all jurisdictions. If you access the materials on this website from outside of Hong Kong, you do so at your own risk, and are responsible for compliance with the laws in your respective jurisdiction.
3. PURCHASE TERMS
You are responsible for providing a valid credit card number or account information with available credit at time of purchase. You represent and warrant that you are an authorized user of the credit card or account information. You are responsible for payment of any applicable taxes. You are responsible for payment of shipping and handling charges. Taxes and shipping and handling charges will be included on your order invoice.
4. RETURN POLICY
Market Hong Kong stands behind the quality of its products and guarantees your satisfaction. A customer or client making a purchase from an Independent Distributor has until 30 days after the sale to cancel an order and receive a full product refund from the selling Distributor. Products and Services purchased from any Affiliate partner store are covered by policies and term contained on the individual Affiliate partner store's website. The above listed guarantees/warranties do not apply to purchases from Affiliate partner stores.
5. CONFIDENTIALITY
You agree to provide true, accurate, and complete information to Market Hong Kong or the Independent Distributor when making a purchase. You agree not to resell any merchandise or services you purchase, unless you are a current Independent Distributor. Preferred customers agree to not resell any merchandise or services purchased. You agree to maintain the confidentiality of any identification number, key or password ("Identifiers") that you are provided with. You agree to immediately notify Market Hong Kong of any unauthorized use of the above or other breach of security. You are fully responsible for all activities under your Identifiers. Market Hong Kong is not responsible for any misuse of your account by someone who uses your Identifiers.
6. COPYRIGHT
All Web Site design, text and graphics, software used with the Web Sites, and the selection and arrangement of such elements are Copyrights of Market Hong Kong. © Market Hong Kong, Inc. ALL RIGHTS RESERVED. No material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any medium including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Market Hong Kong.
7. TRADEMARKS
Market Hong Kong, the Market Hong Kong logo, product names and logos, Unfranchise™, all page headers, custom graphics and button icons are service marks, trade names, and /or trade dress that is protected by Intellectual Property Laws. There are other page headers, custom graphics and button icons are service marks, trade names, and /or trade dress indicated onthe Web Site that are the property of the respective owners. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Sites, in whole or in part, unless authorized by Market Hong Kong in writing.
8. LINKS TO THIRD PARTY SITES
Market Hong Kong may provide via the Web Sites, links to other World Wide Web sites or resources and/or advertisements or other such promotional materials for third-parties. Because Market Hong Kong has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, you acknowledge and agree that Market Hong Kong is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; (3) the goods or services offered via these third-party sites. Accordingly, you acknowledge and agree that Market Hong Kong shall not be responsible or liable to you in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to web site and/or the quality of any goods or services offered by or through any linked to third-party site.
9. MODIFICATION OF THESE TERMS OF SERVICE
Market Hong Kong reserves the right to change the terms, conditions, and notices under which the Web Sites are offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Web Sites constitutes your agreement to all such terms, conditions, and notices.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEB SITES IS AT YOUR SOLE RISK. THE WEB SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARKET HONG KONG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MARKET HONG KONG MAKES NO WARRANTY THAT (i) THE WEB SITES WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITES WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITESS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARKET HONG KONG OR THROUGH OR FROM THE WEB SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARKET HONG KONG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE WEB SITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE, (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITES; (v) MISDIRECTED ORDERS OR LOST PROFITS, LOST REGISTRATIONS, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS OR OTHER DATA; OR (vi) ANY OTHER MATTER RELATING TO THE WEB SITES EVEN IF MARKET HONG KONG, ITS EMPLOYEES OR INDEPENDENT DISTRIBUTORS THEREOF, ARE ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES.
12. GENERAL
a. Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of theHong Kong (SAR), without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Hong Kong in all disputes arising out of or relating to the use of the Market Hong Kong Web Sites. b. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Market Hong Kong as a result of this agreement or use of the Market Hong Kong Web Sites. c. You agree to indemnify and hold Market Hong Kong, its parents, subsidiaries, affiliates, directors, officers and employees, and Independent Distributors harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the Market Hong Kong Web Sites. d. Market Hong Kong reserves the right to disclose any personal information about you or your use of the Market Hong Kong services, including its contents, without your prior permission if Market Hong Kong has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process, (2) protect and defend the rights or property of Market Hong Kong or its affiliate companies; (3) to enforce the TOS; or (4) act to protect the interests of its Distributors, Employees, Principals or others. e. Market Hong Kong's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Market Hong Kong's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Sites or information provided to or gathered by Market Hong Kong with respect to such use. f. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. g. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Market Hong Kong with respect to the Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Market Hong Kong with respect to the Market Hong Kong services. h. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright or other intellectual property infringement should be sent to:
By Mail:
Compliance Department
Market Hong Kong, Inc.
c/o Market Hong Kong Limited,
Unit 1615-1620, Level 16, Tower II, Grand Century Place
193 Prince Edward Road West, Mongkok, Kowloon, Hong Kong
By email: internetcompliance@markethongkong.com.hk 14. MA CASHBACK
a. If you are a Market Hong Kong Preferred Customer, you are automatically enrolled in the ma Cashback program, which allows you to get 2% cash back for your qualifying purchases, and, when you refer your friends, to also receive .5% cash back on the qualifying purchases your friends make. The cash you earn can be used as a payment option to pay for products available through the checkout on Market Hong Kong’s websites. Additionally, you may request redemptions from your account, subject to then-current minimum redemption requirements (currently HKD$400).
b. Preferred Customers will be credited, subject to these Terms and additional terms disclosed on the Participating Store’s site, a percentage of the Net Purchases of Market Hong Kong-branded products or qualifying products sold by third-parties that display the ma Cashback logo (“Participating Stores”). “Net purchase” is defined as the total amount paid for the product, minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees. Market Hong Kong reserves the right, in its sole discretion, to determine which products will display the ma Cashback logo.
c. Participating Stores are responsible for reporting qualifying purchases (and related returns, refunds and/or coupon use) to us. Participating Stores may not report your purchase to Market Hong Kong if they determine that your purchase did not qualify for cash back because you did not comply with these Terms or additional terms disclosed on the Participating Store’s site, or if the Participating Store determines that you were not referred to the Participating Store by Market Hong Kong. We may also disqualify reported purchases based on our own determination that you have not complied with these Terms or the terms disclosed on the Participating Store’s site.
d. Cash back rewards for qualifying Market Hong Kong-branded products will post to your account immediately. Qualifying purchases from Participating Stores will stay in pending status until cleared by the Participating Store, to account for returns, refunds, fraud, and other processing issues. After this point, if the purchase is eligible, it will be marked as “available” in your account and the associated cash back rewards will be eligible for redemption. It is your responsibility to ensure that we properly post cash back rewards to your account.
e. Market Hong Kong is not responsible for changes to, or discontinuance or withdrawal of, any Participating Store’s participation in the ma Cashback program, or for any effect on accrual of cash back rewards caused by such changes, discontinuance, or withdrawal. If a Participating Store fails to report a transaction to Market Hong Kong, or withholds payment to Market Hong Kong for any reason, Market Hong Kong reserves the right to cancel the cash back award associated with that transaction. Cash back rewards awarded to Preferred Customers are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to your account at any time by Market Hong Kong in its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the ma Cashback program.
f. You will not earn cash back on purchases where (a) your browser is not configured to accept cookies; (b) you are not logged in as a Preferred Customer; (c) the order is later cancelled or the goods or services are later returned; (d) the Participating Store does not report the purchase to us; or (e) you conduct "sham" transactions or otherwise collude with merchants), make any misrepresentation in connection with your participation in ma Cashback, maintain multiple accounts, or do not otherwise comply with these Terms.
g. Cash back rewards have no monetary value until the associated purchases are approved and you make a proper redemption request. You may be taxed on your accrual of cash back rewards, depending on the amount of cash back rewards you accrue and the tax laws of local jurisdictions. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of cash back rewards.
h. We may close your account if it has been inactive for 12 months (i.e., no qualifying purchases during the prior 12-month period). Accrued but unredeemed cash back rewards in accounts that are closed will be returned to Market Hong Kong.
i. Market Hong Kong reserves the right to terminate the ma Cashback program at any time with notice. Notification of termination will be sent to the email address you provide to Market Hong Kong during the Preferred Customer registration process. |
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