PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY!
Welcome to www. joinmostly.com! These
Terms of Use describe the terms and conditions applicable to your access and
use of the website at www. joinmostly.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 joinmostly.com
entity (referred to as "we", "our" or " joinmostly.com"
hereinafter).
All transactions on joinmostly.com
are processed by Joinmostly.com
1.
Application and Acceptance of the Terms
1.1 Your use of the Site and joinmostly.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 joinmostly.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 you are not of legal age to form a binding contract with joinmostly.com,
or 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 joinmostly.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 joinmostly.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 joinmostly.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 joinmostly.com.
2. Provision of Services
2.1 You must register as a user on the Site in order to
access and use some Services. Further, joinmostly.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 joinmostly.com may impose in our discretion.
2.2 Some Services may be provided by joinmostly.com's
affiliates on behalf of joinmostly.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. joinmostly.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 joinmostly.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 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 you will not copy, reproduce, download, compile or
otherwise use any Site Content for the purposes of operating a business that
competes with joinmostly.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 joinmostly.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 joinmostly.com's Privacy Policy which
governs the protection and use of personal information about Users in the
possession of joinmostly.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 joinmostly.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 joinmostly.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 joinmostly.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 joinmostly.com's feedback system, such as leaving
positive feedback for yourself using secondary user 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 joinmostly.com or our representative(s), you grant an irrevocable,
perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers)
license to joinmostly.com to display, transmit, distribute, reproduce, publish,
duplicate, adapt, modify, translate, create derivative works, such as using as
product description on joinmostly.com,advertising outside joinmostly.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 joinmostly.com that you
have all the rights, power and authority necessary to grant the above license.
4. New user registration rules
4.1 User must be registered on the Site to access or use
some Services registered User is also referred to as a "user"
below). Except with joinmostly.com's approval, one User may only register one
user account on the Site. joinmostly.com may cancel or terminate a User's user
account if joinmostly.com has reasons to suspect that the User has concurrently
registered or controlled two or more user accounts. Further, joinmostly.com may
reject User's application for registration for any reason.
4.2 Upon registration on the Site, joinmostly.com shall
assign an account and issue a user 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 user to
send or receive emails.
4.3 A set of user ID and password is unique to a single
account. Each user shall be solely responsible for maintaining the
confidentiality and security of your user ID and password and for all
activities that occur under your account. No user may share, assign, or permit
the use of your user account, ID or password by another person outside of the
user's own business entity. user agrees to notify joinmostly.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 User 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 user.
4.5 User 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
joinmostly.com or other Users of the Site. user shall indemnify joinmostly.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. User also agrees that in case
of the multiple use of your account or User's failure to maintain the security
of your account, joinmostly.com shall not be liable for any loss or damages
arising from such a breach and shall have the right to suspend or terminate
User's account without liability to User.
5. Clause
5.1 Each User represents, warrants and agrees
that they have full power and authority to accept the Terms in this
agreement.
5.2 User will be required to provide information or
material about your entity as part of the registration process on the
Site for a User account. Each User represents, warrants and
agrees that 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
you will maintain and promptly amend all information and material to keep
it true, accurate, current and complete.
5.3 Upon becoming a User, you consent to authorize joinmostly.com
to store and use your information in accordance with the Privacy Policy.
5.4 Each User 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 User 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 User 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 joinmostly.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 joinmostly.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 joinmostly.com or our affiliates.
5.7 User may not use the Services and
User account messaging to engage in activities which are identical or
similar to joinmostly.com's e-commerce business.
5.8 User agrees to provide all necessary
information, materials and approval, and render all reasonable assistance and
cooperation necessary for joinmostly.com's provision of the Services,
evaluating whether User has breached the Terms and/or handling any
complaint against the User. If User's failure to do so results in delay in, or
suspension or termination of, the provision of any Service, joinmostly.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 User acknowledges and agrees that joinmostly.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. joinmostly.com does not
endorse, verify or otherwise certify the contents of any comments or other
material or information made by any User. Each User 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 User
6.1 joinmostly.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 joinmostly.com or our affiliates to liability, or is
otherwise found inappropriate in joinmostly.com's opinion.
6.2 If any User breaches any Terms or if joinmostly.com
has reasonable grounds to believe that any User is in breach of any the
Terms, joinmostly.com shall have the right to impose a penalty against the
User, or suspend or terminate the User's account or subscription of any Service
without any liability to the User. joinmostly.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 joinmostly.com. The penalties that joinmostly.com may
impose include, among others, warning, removing any product listing or other
User Content that the User has submitted, posted or displayed, imposing
restrictions on the number of product listings that the User may post or
display, or imposing restrictions on the User's use of any features or
functions of any Service for such period as joinmostly.com may consider
appropriate in our sole discretion.
6.3 Without limiting the generality of the provisions of
the Terms, a User would be considered as being in breach of the Terms in
any of the following circumstances:
1. a) joinmostly.com has reasonable grounds to suspect that
such User has used a stolen credit card or other false or misleading
information in any transaction with a counter party,
2. b) joinmostly.com has reasonable grounds to suspect that
any information provided by the User is not current or complete or is
untrue, inaccurate, or misleading,
3. c) joinmostly.com believes that the User's actions may
cause financial loss or legal liability to joinmostly.com or our affiliates or
any other Users.
6.4 joinmostly.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, joinmostly.com may disclose the User'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. joinmostly.com shall not be
liable for damages or results arising from such disclosure, and
User agrees not to bring any action or claim against joinmostly.com for
such disclosure.
6.5 If a User is in breach of the Terms, joinmostly.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, joinmostly.com also reserves the right to disclose the
records of such breach to our affiliates . Such joinmostly.com affiliates may
impose limitation on, suspend or terminate the User's use of all or part of the
services provided by such affiliates to the User, take other remedial actions,
and publish the records about the User's breach of the Terms on the website
operated by or controlled by such joinmostly.com affiliates.
6.6 joinmostly.com may, at any time and in our reasonable
discretion, impose limitations on, suspend or terminate the User's use of any
Service or the Site without being liable to the User if joinmostly.com has
received notice that the User is in breach of any agreement or undertaking
with any affiliate of joinmostly.com and such breach involves or is reasonably
suspected of involving dishonest or fraudulent activities. joinmostly.com shall
have the right to publish the records of such breach on the Site. joinmostly.com
shall not be required to investigate such breach or request confirmation from
the User.
6.7 Each User agrees to indemnify joinmostly.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.
6.8 Each User further agrees that joinmostly.com is
not responsible, and shall have no liability to you or anyone else for any User
Content or other material transmitted over the Site, including fraudulent,
untrue, misleading, inaccurate, defamatory, offensive or illicit material and
that the risk of damage from such material rests entirely with each User. joinmostly.com
reserves the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by the User, in
which event the User shall cooperate with joinmostly.com in asserting any
available defenses.
7. Transactions between Customers and joinmostly.com
7.1 Customers agrees to provide all information and
materials as may be reasonably required by joinmostly.com in connection with
orders placed at joinmostly.com. joinmostly.com has the right to suspend or
terminate any Customers account if the Customer fails to provide the required
information and materials or provides inaccurate or fraudulent information.
7.2 Each User agrees that joinmostly.com shall not be
liable or responsible for any damages, claims, liabilities, costs, harms,
inconveniences, business disruptions or expenditures of any kind that may arise
a result of or in connection with any use or storage of any products
purchased from joinmostly.com.
8. Limitation of Liability
8.1 To the maximum extent permitted by law, the services
provided by joinmostly.com on or through the sites are provided "as
is", "as available" and "with all faults", and joinmostly.com
hereby expressly disclaims any and all warranties, express or implied,
including but not limited to, any warranties of condition, quality, durability,
performance, accuracy, reliability, merchantability or fitness for a particular
purpose. all such warranties, representations, conditions, and undertakings are
hereby excluded.
8.2 To the maximum extent permitted by law, joinmostly.com
makes no representations or warranties about the validity, accuracy,
correctness, reliability, quality, stability, completeness or currentness of
any information provided on or through the sites; joinmostly.com does not
represent or warrant that the manufacture, importation, export, distribution,
offer, display, purchase, sale and/or use of products or services offered or
displayed on the sites does not violate any third party rights; and joinmostly.com
makes no representations or warranties of any kind concerning any product or
service offered or displayed on the sites.
8.3 Any material downloaded or otherwise obtained
through the Site is done at each User's sole discretion and risk and each User
is solely responsible for any damage to joinmostly.com's computer system or
loss of data that may result from the download of any such material. No advice
or information, whether oral or written, obtained by any User from joinmostly.com
or through or from the Site shall create any warranty not expressly stated
herein.
8.4 Each User hereby further agrees to indemnify and
save joinmostly.com, our affiliates, directors, officers and employees
harmless, from any and all losses, damages, claims, liabilities (including
legal costs on a full indemnity basis) which may arise, directly or indirectly,
as a result of any claims asserted by Third Party Rights claimants or other
third parties relating to products offered or displayed on the Site. Each User
hereby further agrees that joinmostly.com is not responsible and shall have no
liability to you, for any material posted by others; including defamatory,
offensive or illicit material and that the risk of damages from such material
rests entirely with each User. joinmostly.com reserves the right, at our own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you shall cooperate with joinmostly.com
in asserting any available defenses.
8.5 joinmostly.com shall not be liable for any special,
direct, indirect, punitive, incidental or consequential damages or any damages
whatsoever (including but not limited to damages for loss of profits or
savings, business interruption, loss of information), whether in contract,
negligence, tort, equity or otherwise or any other damages resulting from any
of the following.
1. a) the use or the inability to use the Site or Services;
2. b) any defect in goods, samples, data, information or
services purchased or obtained from a User or any other third party through the
Site;
3. c) unauthorized access by third parties to data or private
information of any User;
4. d) statements or conduct of any User of the Site;
5. e) any matters relating to Services however arising,
including negligence.
8.6 Notwithstanding any of the foregoing provisions, the
aggregate liability of joinmostly.com, our employees, agents, affiliates,
representatives or anyone acting on our behalf with respect to each User for
all claims arising from the use of the Site or Services during any calendar
year shall be limited to the greater of the amount of fees the User has paid to
joinmostly.com or our affiliates during the calendar year and HK$1,000.
The preceding sentence shall not preclude the requirement by the User to prove
actual damages. All claims arising from the use of the Site or Services must be
filed within one year from the date the cause of action arose.
8.7 The limitations and exclusions of liability to you
under the Terms shall apply to the maximum extent permitted by law and shall
apply whether or not joinmostly.com has been advised of or should have been
aware of the possibility of any such losses arising.
9. Force Majeure
9.1 Under no circumstances shall joinmostly.com be held
liable for any delay or failure or disruption of the content or services
delivered through the Site resulting directly or indirectly from acts of
nature, forces or causes beyond our reasonable control, including without
limitation, Internet failures, computer, telecommunications or any other
equipment failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
flood, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals or non-performance of third parties.
10. Intellectual Property Rights
10.1 joinmostly.com is the sole owner or lawful licensee
of all the rights and interests in the Site and the Site Content. The Site and
Site Content embody trade secrets and other intellectual property rights
protected under worldwide copyright and other laws. All title, ownership and
intellectual property rights in the Site and Site Content shall remain with joinmostly.com,
our affiliates or licensors of the Site Content, as the case may be. All rights
not otherwise claimed under the Terms or by joinmostly.com are hereby reserved.
10.2 "joinmostly.com" and related icons and
logos are registered trademarks or trademarks or service marks of joinmostly.com,
10.3 joinmostly.com may have independent third parties
involved in the provision of the Services (e.g., the authentication and
verification service providers). You may not use any trademark, service mark or
logo of such independent third parties without prior written approval from such
parties.
11. Notices
11.1 All legal notices or demands to or upon joinmostly.com
shall be made in writing and sent to joinmostly.com personally, by courier,
certified mail.
11.2 All legal notices or demands to or upon a User shall
be effective if either delivered personally, sent by courier, certified mail,
by facsimile or email to the last-known correspondence, fax or email address
provided by the User to joinmostly.com, or by posting such notice or demand on
an area of the Site that is publicly accessible without a charge. Notice to a
User shall be deemed to be received by such User if and when.
1. a) joinmostly.com is able to demonstrate that
communication, whether in physical or electronic form, has been sent to such
User,
2. b) Immediately upon joinmostly.com posting such notice on
an area of the Site that is publicly accessible without charge.
11.3 You agree that all agreements, notices, demands,
disclosures and other communications that joinmostly.com sends to you
electronically satisfy the legal requirement that such communication should be
in writing.
12. General Provisions
12.1 Subject to any Additional Agreements, the Terms
constitute the entire agreement between you and joinmostly.com with respect to
and govern your use of the Site and Services, superseding any prior written or
oral agreements in relation to the same subject matter herein.
12.2 joinmostly.com and you are independent contractors,
and no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid
or unenforceable, such provision shall be deleted and the remaining provisions
shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of such section.
12.5 joinmostly.com's failure to enforce any right or
failure to act with respect to any breach by you under the Terms will not
constitute a waiver of that right nor a waiver of joinmostly.com's right to act
with respect to subsequent or similar breaches.
12.6 joinmostly.com shall have the right to assign the
Terms (including all of our rights, titles, benefits, interests, and
obligations and duties in the Terms to any person or entity (including any
affiliates of joinmostly.com). You may not assign, in whole or part, the Terms
to any person or entity.