Polarise Technology Company ("Polarise", "we" or "us") owns and operates: (i) SHOPOLAR (the "System", the "Platform") and (ii) shopolar.com (the "Website").
SHOPOLAR and the Website offers to its members various services which include self-serve web building, trading, instant messaging and eCommerce-related services to buy and sell items on an integrated platform on the Internet ("Services").
SCOPE AND AGREEMENT
In addition, some services offered through SHOPOLAR may be subject to additional terms and conditions promulgated by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
You are responsible for ensuring that all persons who access SHOPOLAR through your internet connection are aware of these Terms and Conditions, and that they comply with them.
SHOPOLAR's services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. You represent and warrant that all registration information you submit is accurate and truthful. Polarise may, in its sole discretion, refuse to offer access to or use of SHOPOLAR to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access SHOPOLAR is revoked in such jurisdictions. Individuals under the age of 18 must at all times use SHOPOLAR's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this case, the adult is the user and is responsible for any and all activities.
No individual should have more than one single account at any time. SHOPOLAR has the right to limit an individual to one account when it deems it necessary to protect its users from fraud, or the risk of fraud.
Accounts must be registered only by the individual seeking membership. Registration of accounts in a name other than the registrant's, fictitious or real, is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. Polarise prosecutes fraud to the fullest extent of the law.
You agree to comply with all local laws regarding online conduct and acceptable content.
You are responsible to keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify us of any unauthorised use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from failure to keep your password secure.
You must keep your account information up-to-date and accurate at all times, including a valid email address and/or phone number. To be able access to SHOPOLAR's service you must provide and maintain authentic personal information such as valid phone number and email address.
You may not transfer or sell your SHOPOLAR account to another party.
While using SHOPOLAR and/or the Website, and any Services, you will not:
post items which fall under an inappropriate category or areas on SHOPOLAR or the Website;
violate any laws, third party rights, or our policies such as Prohibited Content and Activities (as defined and of which details are set out in section 7 below);
use our sites or services if you are not able to form legally binding contracts under the applicable laws, are under the age of 18, or are suspended from SHOPOLAR.
manipulate or interfere with other users' listings and content;
circumvent or manipulate our fee structure, the billing process or fees owed to the us;
post false, inaccurate, misleading defamatory, libellous content or personal or private information in relation to other users;
distribute or post spam, chain letters, or pyramid schemes;
distribute through SHOPOLAR of any viruses, worms or any other technologies that may harm or cause detriment to the interests of SHOPOLAR, the Website or the interests or property of other SHOPOLAR users;
defame, abuse, harass, stalk, threaten or otherwise breach the legal rights (such as rights of privacy and publicity) of others;
restrict or inhibit any other user from using and enjoying the Services;
copy, modify and/or distribute content from the Website and its sub-domains, including our copyrights and trademarks without our written permission; or
harvest or otherwise collect any data or information about users without their consent.
We may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content, and take technical and legal steps to keep users off SHOPOLAR if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
We have no obligation to monitor any services provide on SHOPOLAR. However, we reserve the right to review any posted materials and to remove any materials in our sole discretion. We reserve the right to terminate your access to SHOPOLAR at any time without notice if we reasonably believe that you have breached these terms.
FEES AND RENEWALS
From time to time, we may offer different subscriptions, and the fees for such subscriptions may vary.
Due to the nature of our service, any fees are non-refundable under any circumstances.
Your subscription will automatically renew and you authorize us (without notice to you) to collect the applicable fees, using any valid payment source we have on record for you (if applicable).
Services offered by us may be changed/varied from time to time. If you do not agree with the changes/variation which has/have been made, you have the right to reject the change by unsubscribing from our Services. Please therefore make sure you read any such notification of changes/variation. Neither Polarise nor any company within our group, and our and their respective agents, employees and sub-contractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in any changes/variation of our Services. No refund of any amount paid shall be granted under any circumstances.
Termination/Cancellation: You may cancel your Account at anytime within email support@SHOPOLAR.com for instructions.Upon termination of the Services by either party for any reason:
SHOPOLAR will cease providing you with the Services and you will no longer be able to access your Account;
Any outstanding balance owed to SHOPOLAR for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
your store website will be taken offline.
If you purchased a domain name through SHOPOLAR, upon cancellation your domain will no longer be automatically renewed.
Your domain names given away from yearly paid subscriptions are owned by SHOPOLAR. Any domain name transferring actions will cost you certain amount of money. The domain names will be renewed every year automatically along with your yearly paid subscriptions renewal.
Your Secure Sockets Layer (SSL) certificates given away from yearly paid subscriptions are owned by SHOPOLAR. The SSL certificates will be renewed every year automatically along with your yearly paid subscriptions renewal.
If you fail to provide an on-time full-subscription payment, Polarise reserves the right to cancel your account.
We reserve the right to modify or terminate the SHOPOLAR Service or your Account for any reason, without notice at any time.
Fraud: Without limiting any other remedies, SHOPOLAR may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with your Site.
If you violate any of these Terms and Conditions, Polarise reserves the right to terminate your SHOPOLAR membership immediately. You will not continue to have access to the Website and services.
SHOPOLAR IS A VENUE
You acknowledge that SHOPOLAR is a venue for sellers of items to display their products and for buyers to find items of interest to them. We are not involved in the actual transaction between sellers and buyers. We have no control over and do not guarantee the quality, safety or legality of items posted, the ability of sellers to sell their respective items, the ability of buyers to pay for items, the truth or accuracy of the representations made by users in respect of their items listed on SHOPOLAR.
We do not transfer or guarantee the transfer of legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. Further, we cannot guarantee continuous or secure access to our services, and operation of SHOPOLAR may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. You use SHOPOLAR at your own risk.
In the event that a dispute arises between you and one or more users, you release Polarise and SHOPOLAR (and our staff, subcontractors and all affiliated parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe exchange when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and we are not responsible for the acts or omissions of users on SHOPOLAR.
We aim to update the Website regularly and can change the content at any time. We will use our reasonable efforts to keep the Website available to you, but if necessary, we may suspend access to the Website, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period.
Whilst weuse our best endeavours to ensure all your data are secure and complete in the servers, we will not be liable for loss of profits or of contracts, loss of data, damage to your computer hardware or software, loss of business, loss of goodwill or reputation, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of use, and/or consequential loss arising out of or in connection with this website or the information or data contained in it.
PROHIBITED CONTENT AND ACTIVITIES
You are solely responsible for your conduct and activities on SHOPOLAR which includes but not limited to publishing any text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on SHOPOLAR.
Your Content and your use of SHOPOLAR shall not:
be false, inaccurate or misleading;
be fraudulent or involve the transaction of illegal, counterfeit or stolen items
infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
violate this Agreement, any site policy, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, anti-discrimination or false advertising)
contain items that have been identified by the Hong Kong Consumer Goods Safety Ordinance as hazardous and therefore subject to a recall
be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
be obscene or contain child pornography;
contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
post images which are not part of and/or related to a product;
modify, adapt or hack the Website or SHOPOLAR, or create another website or mobile device application so as to falsely imply that it is associated with SHOPOLAR;
Appear to create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
We reserves the right to remove any Content posted by any user onto SHOPOLAR which fall under any of the categories as described in clause 7.1 and 7.2 above or any Content which is inappropriate for posting on SHOPOLAR in the sole discretion of us.
We will not own the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to us through SHOPOLAR or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting us, its affiliated companies and necessary third parties a license solely to enable us to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission.
No compensation will be paid in relation to the use of your Submission, as provided in these Terms and Conditions. We are under no obligation to post or use any Submission you provide and may remove any Submission at any time in our sole discretion.
By providing a Submission to us through SHOPOLAR, it becomes possible for a third-party website or a third-party person to re-post that Submission. You agree to hold us harmless for any dispute concerning this use. If you choose to display your own SHOPOLAR-hosted image on another website, the image must provide a link back to its listing page on the Website.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LINKS TO THIRD PARTY WEBSITES / THIRD PARTY SERVICES
Linked websites ("Linked Website") are not under our control and we are not responsible for the contents of any Linked Website including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. We are not responsible for any information you received from any Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not mean we endorse the site or have any association with its operators. These Terms and Conditions do not cover your interaction with Linked Websites, and you should carefully review the Terms and Conditions and privacy policies of any third-party sites.
You agree that we are not responsible for any loss, injury, claim, liability, or damage ("Loss") related to your use of any Linked Website on SHOPOLAR.
The Website and some of the articles on the Website contain links to other resources and businesses on the Internet. We provide these citations and aids to help you identify and locate other Internet resources that may be of interest. The citations do not mean that we sponsor, are affiliated to or associated with, or legally authorised to use, any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol in the links.
Certain services made available via SHOPOLAR may be delivered by third parties. By using any product, service or functionality originating from the Website or SHOPOLAR, you acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality for the Website’s users and customers.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our discretion.
SHOPOLAR's graphics, logos, designs, page headers, button icons, scripts, and service names are the intellectual properties of Polarise and may not be used, including as part of trademark and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
The names of actual companies and products mentioned on SHOPOLAR may be the trademarks of their respective owners.
CHANGING THESE TERMS AND CONDITIONS
We reserve the right to change the Terms and Conditions under which the Website is offered. We will give a notice of these changes to all registered members where such changes will result in a material reduction in the availability, benefits and features of the Website. In all other circumstances, we will not give notice to you. You may want to periodically review this Agreement to understand the most recent rules.
You understand and agree that your use of the Website after the date on which the Agreement has changed will be treated as acceptance of the updated Agreement.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website.
Our performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effective.
Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the Website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the Website.
You must not assign or otherwise transfer the Terms and Conditions, or any right granted under them, without our written consent. We can freely transfer our rights under the Terms and Conditions.
Any failure by us to enforce or exercise any provision of the Terms and Conditions, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in this Agreement are reserved.
We may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.
A printed version of the Agreement, and of any notice given in electronic form, will 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.
GOVERNING LAW AND DISPUTE RESOLUTION
You agree that these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of Hong Kong.
Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, including any claim that this Agreement or any part of this Agreement is invalid, illegal, or otherwise voidable or void, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules then in force. The appointing authority and the place of arbitration shall be the Hong Kong International Arbitration Centre. There shall be only one arbitrator. The language of the arbitration shall be English. Any award of the arbitrator shall be enforceable by any court having jurisdiction over the party against which the award has been rendered.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE WEBSITE. POLARISE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ALTHOUGH POLARISE WILL USE ITS REASONABLE EFFORTS TO KEEP THE WEBSITE AVAILABLE AND THE INFORMATION ON THE WEBSITE REASONABLY ACCURATE, POLARISE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS". POLARISE AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GUEST USERS – YOU USE THE WEBSITE AT YOUR OWN RISK. NEITHER POLARISE NOR ANY COMPANY WITHIN OUR GROUP, AND OUR AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND SUB-CONTRACTORS, SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSSES OR DAMAGES WHATSOEVER OR HOWSOEVER ARISING IN CONNECTION WITH THE WEBSITE (WHETHER UNDER THESE TERMS AND CONDITIONS OR OTHER CONTRACT OR AS A RESULT OF ANY MISREPRESENTATION, MISSTATEMENT OR TORTIOUS ACT OR OMISSION, INCLUDING NEGLIGENCE).
FEE PAYING MEMBERS –OUR LIABILITY TO YOU FOR ANY LOSS OR DAMAGE IS LIMITED TO DAMAGES OF AN AMOUNT EQUAL TO THE SUBSCRIPTION FEE RECEIVED BY US FOR THE SUBSCRIPTION PERIOD IN WHICH THE LIABILITY AROSE.