Terms & Conditions
PLEASE READ
THESE TERMS AND CONDITIONS CAREFULLY!
Welcome to www.chissn.com! These
Terms of Use describe the terms and conditions applicable to your access and
use of the website at www.chissn.com a
"Site". This document is a legally binding agreement between you as
the user(s) of the Site (referred to as "you", "your",
"Customer" or "User" hereinafter) and the chissn.com
entity (referred to as "we", "our" or "chissn.com"
hereinafter).
Under this agreement, the payment processing services for goods
and/or services purchased on this website are provided by chissn
Limited on behalf ofBanggod Technology Co., Limited, depending on the type of
payment method used for the purchase of the goods and/or services.
1.Application
and Acceptance of the Terms
1.1 Your
use of the Site and chissn.com's services, software and products
(collectively the as the "Services" hereinafter) is subject to the
terms and conditions contained in this document as well as the Privacy Policy and any other rules
and policies of the Site that chissn.com may publish from time to time.
This document and such other rules and policies of the Site are collectively
referred to below as the "Terms". By accessing the Site or using the
Services, you agree to accept and be bound by the Terms. Please do not use the
Services or the Site if you do not accept all of the Terms.
1.2 You
may not use the Services and may not accept the Terms if (a) you are not of
legal age to form a binding contract with chissn.com, or (b) you are not
permitted to receive any Services under the laws of Hong Kong or other
countries / regions including the country / region in which you are resident or
from which you use the Services.
1.3 You
acknowledge and agree that chissn.com may amend any Terms at any time by
posting the relevant amended and restated Terms on the Site. By continuing to
use the Services or the Site, you agree that the amended Terms will apply to
you.
1.4 If
chissn.com has posted or provided a translation of the English language
version of the Terms, you agree that the translation is provided for
convenience only and that the English language version will govern your uses of
the Services or the Site.
1.5 You
may be required to enter into a separate agreement, whether online or offline,
with chissn.com or our affiliate for any Service ("Additional
Agreements"). If there is any conflict or inconsistency between the Terms
and an Additional Agreement, the Additional Agreement shall take precedence
over the Terms only in relation to that Service concerned.
1.6 The
Terms may not otherwise be modified except in writing by an authorized officer
of chissn.com.
2.
Provision
of Services
2.1 You
must register as a member on the Site in order to access and use some Services.
Further, chissn.com reserves the right, without prior notice, to restrict
access to or use of certain Services (or any features within the Services) to
paying Users or subject to other conditions that chissn.com may impose in
our discretion.
2.2 Some
Services may be provided by chissn.com's affiliates on behalf of chissn.com.
2.3 Services
(or any features within the Services) may vary for different regions and
countries. No warranty or representation is given that a particular Service or
feature or function thereof or the same type and extent of the Service or
features and functions thereof will be available for Users. chissn.com may
in our sole discretion limit, deny or create different level of access to and
use of any Services (or any features within the Services) with respect to
different Users.
2.4 chissn.com
may launch, change, upgrade, impose conditions to, suspend, or stop any
Services (or any features within the Services) without prior notice except that
in case of a fee-based Service, such changes will not substantially adversely
affect the paying Users in enjoying that Service.
3.
Users
Generally
3.1 As
a condition of your access to and use of the Site or Services, you agree that
you will comply with all applicable laws and regulations when using the Site or
Services.
3.2 You
agree to use the Site or Services solely for your own private and internal
purposes. You agree that (a) you will not copy, reproduce, download,
re-publish, sell, distribute or resell any Services or any information, text,
images, graphics, video clips, sound, directories, files, databases or
listings, etc available on or through the Site (the "Site Content"),
and (b) you will not copy, reproduce, download, compile or otherwise use any Site
Content for the purposes of operating a business that competes with chissn.com,
or otherwise commercially exploiting the Site Content. Systematic retrieval of
Site Content from the Site to create or compile, directly or indirectly, a
collection, compilation, database or directory (whether through robots,
spiders, automatic devices or manual processes) without written permission from
chissn.com is prohibited. Use of any content or materials on the Site for
any purpose not expressly permitted in the Terms is prohibited.
3.3 You
must read chissn.com's Privacy Policy which governs the protection and use
of personal information about Users in the possession of chissn.com and
our affiliates. You accept the terms of the Privacy Policy and agree to the use
of the personal information about you in accordance with the Privacy Policy.
3.4 chissn.com
may allow Users to access to content, products or services offered by third
parties through hyperlinks (in the form of word link, banners, channels or
otherwise), API or otherwise to such third parties web site. You are cautioned
to read such web site terms and conditions and/or privacy policies before using
the Site. You acknowledge that chissn.com has no control over such third
parties web site, does not monitor such web site, and shall not be responsible
or liable to anyone for such web site, or any content, products or services
made available on such web site.
3.5 You
agree not to undertake any action to undermine the integrity of the computer
systems or networks of chissn.com and/or any other User nor to gain
unauthorized access to such computer systems or networks.
3.6 You
agree not to undertake any action which may undermine the integrity of chissn.com's
feedback system, such as leaving positive feedback for yourself using secondary
Member IDs or through third parties or by leaving unsubstantiated negative
feedback for another User.
3.7 By
posting or displaying any information, content or material ("User
Content") on the Site or providing any User Content to chissn.com or
our representative(s), you grant an irrevocable, perpetual, worldwide,
royalty-free, and sub-licensable (through multiple tiers) license to chissn.com
to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify,
translate, create derivative works, such as using as product description on chissn.com,advertising
outside chissn.com and otherwise use any or all of the User Content in any
form, media, or technology now known or not currently known in any manner and
for any purpose which may be beneficial to the operation of the Site, the
provision of any Services and/or the business of the User. You confirm and
warrant to chissn.com that you have all the rights, power and authority
necessary to grant the above license.
4.
Member
Accounts
4.1 User
must be registered on the Site to access or use some Services (a registered
User is also referred to as a "Member" below). Except with chissn.com's
approval, one User may only register one member account on the Site. chissn.com
may cancel or terminate a User's member account if chissn.com has reasons
to suspect that the User has concurrently registered or controlled two or more
member accounts. Further, chissn.com may reject User's application for
registration for any reason.
4.2 Upon
registration on the Site, chissn.com shall assign an account and issue a
member ID and password (the latter shall be chosen by a registered User during
registration) to each registered User. An account may have a web-based email
account with limited storage space for the Member to send or receive emails.
4.3 A
set of Member ID and password is unique to a single account. Each Member shall
be solely responsible for maintaining the confidentiality and security of your
Member ID and password and for all activities that occur under your account. No
Member may share, assign, or permit the use of your Member account, ID or
password by another person outside of the Member's own business entity. Member
agrees to notify chissn.com immediately if you become aware of any
unauthorized use of your password or your account or any other breach of
security of your account.
4.4 Member
agrees that all activities that occur under your account (including without
limitation, posting any company or product information, clicking to accept any
Additional Agreements or rules, subscribing to or making any payment for any
services, sending emails using the email account or sending SMS) will be deemed
to have been authorized by the Member.
4.5 Member
acknowledges that sharing of your account with other persons, or allowing
multiple users outside of your business entity to use your account
(collectively, "multiple use"), may cause irreparable harm to chissn.com
or other Users of the Site. Member shall indemnify chissn.com, our
affiliates, directors, employees, agents and representatives against any loss
or damages (including but not limited to loss of profits) suffered as a result
of the multiple use of your account. Member also agrees that in case of the
multiple use of your account or Member's failure to maintain the security of
your account, chissn.com shall not be liable for any loss or damages
arising from such a breach and shall have the right to suspend or terminate
Member's account without liability to Member.
5.
Member's
Responsibilities
5.1 Each
Member represents, warrants and agrees that they have full power and
authority to accept the Terms in this agreement.
5.2 Member
will be required to provide information or material about your entity as part
of the registration process on the Site for a member account. Each Member
represents, warrants and agrees that (a) such information and material whether
submitted during the registration process or thereafter throughout the
continuation of the use of the Site or Service is true, accurate, current and
complete, and (b) you will maintain and promptly amend all information and
material to keep it true, accurate, current and complete.
5.3 Upon
becoming a Member, you consent to authorize chissn.com to store and use
your information in accordance with the Privacy
Policy.
5.4 Each
Member represents, warrants and agrees that any User Content
that they submit, post or display does not infringe or violate any of the
copyright, patent, trademark, trade name, trade secrets or any other personal
or proprietary rights of any third party ("Third Party Rights").
5.5 Each
Member further represents, warrants and agrees that the User Content that you
submit, post or display shall:
1.
a) be true, accurate, complete and
lawful;
2.
b) not be false, misleading or
deceptive;
3.
c) not contain information that is
defamatory, libelous, threatening or harassing, obscene, objectionable,
offensive, sexually explicit or harmful to minors;
4.
d) not contain information that is
discriminatory or promotes discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age;
5.
e) not contain any link directly or
indirectly to any other web Site which includes any content that may violate
the Terms.
5.6 Each
Member further represents, warrants and agrees that you shall:
1.
a) carry on your activities on the
Site in compliance with any applicable laws and regulations;
2.
b) carry on your activities in
accordance with the Terms and any applicable Additional Agreements;
3.
c) not use the Services or Site to
defraud any person or entity;
4.
d) not impersonate any person or
entity, misrepresent yourself or your affiliation with any person or entity;
5.
e) not engage in spamming or
phishing;
6.
f) not engage in any other unlawful
activities (including without limitation those which would constitute a
criminal offence, give rise to civil liability, etc) or encourage or abet any
unlawful activities;
7.
g) not involve attempts to copy,
reproduce, exploit or expropriate chissn.com's various proprietary
directories, databases and listings;
8.
h) not involve any computer viruses
or other destructive devices and codes that have the effect of damaging,
interfering with, intercepting or expropriating any software or hardware
system, data or personal information;
9.
i) not involve any scheme to undermine
the integrity of the data, systems or networks used by chissn.com and/or
any user of the Site or gain unauthorized access to such data, systems or
networks;
10.
j) not engage in any activities
that would otherwise create any liability for chissn.com or our
affiliates.
5.7 Member
may not use the Services and member account messaging to engage in
activities which are identical or similar to chissn.com's e-commerce
business.
5.8 Member
agrees to provide all necessary information, materials and approval, and render
all reasonable assistance and cooperation necessary for chissn.com's
provision of the Services, evaluating whether Member has breached the Terms
and/or handling any complaint against the Member. If Member's failure to do so
results in delay in, or suspension or termination of, the provision of any
Service, chissn.com shall not be obliged to extend the relevant service
period nor shall be liable for any loss or damages arising from such delay,
suspension or termination.
5.9 Member
acknowledges and agrees that chissn.com shall not be required to actively
monitor nor exercise any editorial control whatsoever over the content of any
message or material or information created, obtained or accessible through the
Services or Site. chissn.com does not endorse, verify or otherwise certify
the contents of any comments or other material or information made by any
Member. Each Member is solely responsible for the contents of their
communications and may be held legally liable or accountable for the content of
their comments or other material or information.
6.
Breaches
by Members
6.1 chissn.com
reserves the right in our sole discretion to remove, modify or reject any User
Content that you submit to, post or display on the Site which we reasonably
believe is unlawful, violates the Terms, could subject chissn.com or our
affiliates to liability, or is otherwise found inappropriate in chissn.com's
opinion.
6.2 If
any Member breaches any Terms or if chissn.com has reasonable grounds to
believe that any Member is in breach of any the Terms, chissn.com shall
have the right to impose a penalty against the Member, or suspend or terminate
the Member's account or subscription of any Service without any liability to
the Member. chissn.com shall also have the right to restrict, refuse or
ban any and all current or future use of any other Service that may be provided
by chissn.com. The penalties that chissn.com may impose include,
among others, warning, removing any product listing or other User Content that
the Member has submitted, posted or displayed, imposing restrictions on the
number of product listings that the Member may post or display, or imposing
restrictions on the Member's use of any features or functions of any Service
for such period as chissn.com may consider appropriate in our sole
discretion.
6.3 Without
limiting the generality of the provisions of the Terms, a Member would be
considered as being in breach of the Terms in any of the following
circumstances:
1.
a) chissn.com has reasonable
grounds to suspect that such Member has used a stolen credit card or other
false or misleading information in any transaction with a counter party,
2.
b) chissn.com has reasonable
grounds to suspect that any information provided by the Member is not current
or complete or is untrue, inaccurate, or misleading, or
3.
c) chissn.com believes that
the Member's actions may cause financial loss or legal liability to chissn.com
or our affiliates or any other Users.
6.4 chissn.com
reserves the right to cooperate fully with governmental authorities, private
investigators and/or injured third parties in the investigation of any
suspected criminal or civil wrongdoing. Further, chissn.com may disclose
the Member's identity and contact information, if requested by a government or
law enforcement body, an injured third party, or as a result of a subpoena or
other legal action. chissn.com shall not be liable for damages or results
arising from such disclosure, and Member agrees not to bring any action or
claim against chissn.com for such disclosure.
6.5 If
a Member is in breach of the Terms, chissn.com also reserves the right to
publish the records of such breach on the Site. If such breach involves or is
reasonably suspected of involving dishonest or fraudulent activities, chissn.com
also reserves the right to disclose the records of such breach to our
affiliates Such chissn.com affiliates may impose limitation on, suspend or
terminate the Member's use of all or part of the services provided by such
affiliates to the Member, take other remedial actions, and publish the records
about the Member's breach of the Terms on the website operated by or controlled
by such chissn.com affiliates.
6.6 chissn.com
may, at any time and in our reasonable discretion, impose limitations on,
suspend or terminate the Member's use of any Service or the Site without being
liable to the Member if chissn.com has received notice that the Member is
in breach of any agreement or undertaking with any affiliate of chissn.com
and such breach involves or is reasonably suspected of involving dishonest or
fraudulent activities. chissn.com shall have the right to publish the
records of such breach on the Site. chissn.com shall not be required to
investigate such breach or request confirmation from the Member.
6.7 Each Member agrees to indemnify chissn.com, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
