Terms and Conditions of Service and Use (“Agreement”)

Last Updated On 2016/05/18

1. Terms and Conditions of Service
   • (1)    This Agreement is executed between you and the company in Infinitus Group (Company).
   • (2)    Before you accept this Agreement, please carefully read all contents herein. If you do not agree with any contents in this Agreement or are unable to correctly understand the meaning of any clause hereunder, please do not proceed any further.
   • (3)    Your login and use of Platform means that you accept this Agreement and acknowledge that: (a) you have the full legal and physical capacity to fully perform this Agreement; (b) this Agreement is not excluded or invalidated by the laws of the country or region where you reside; and (c) you accept and agree with all contents in this Agreement (including but not limited to the terms and conditions herein, “Privacy Policy Statement” and Terms of Sales, as well as other amendments and/or modifications to the same from time to time made by Company without giving you any prior notice), and to perform all obligations and duties created as a result thereof.
   • (4)    You understand and agree that, due to the nature of Platform, we may not be able to identify the persons who use our services so that any acts committed via your account with Company or on Platform shall be deemed as the acts committed by you yourself. You shall be responsible for the truth and effectiveness of all the instructions given in the course of using Platform. Such instructions shall be deemed as your true intentions that are unchangeable or irrevocable. You shall be liable for all consequences and risks arising out of the operations we undertake in accordance with your instructions.
   • (5)    If you are under 18, you may use our services only under your parents’ or guardian’s supervision. We only offer membership to those who are over 18.
2. Licence
   • (1)    Company owns the original right of and licence for Platform. For the use of Platform, we grant you revocable, changeable, non-exclusive and non-transferrable licence which cannot be sublicensed such that you are only able to visit or use Platform for the purposes of using our services. Unless otherwise stated, the copyright, patent and other intellectual property rights of the software and Platform on which we rely in the course of providing services shall be owned by Company.
3. Provision of, Update on and Protection of User’s Information
   • (1)    In the course of the registration and login of Platform as well as the use of the services and functions thereof, you shall honestly provide us with the information as required for the registration and login. Such information is included but not limited to name, mobile phone number, contact number, email address, correspondence address and all other information in relation thereto (“Registration and Login Information”).
   • (2)    You shall assure the truth, accuracy, completeness and legal effect of the Registration and Login Information, and shall timely login Platform to maintain and update the same. If the Registration and Login Information you provide is unlawful, false, inaccurate, incomplete, or is reasonably believed to be incorrect, false, ineffective or incomplete, or to have expired, Company reserves the right to suspend or terminate your use of the whole or part of the functions on Platform. You shall not cancel the order or refuse to make payment on the ground thereof and shall assume the liability and consequences.
   • (3)    You shall be responsible to keep your registration information in confidence, properly maintain the computer or mobile device in your possession that uses the services of Platform (“Platform Services”) and restrict any third party to use/access your computer or mobile device. You shall be liable for the loss, including the loss suffered by Company, caused by the loss, damage or leakage of the Registration and Login Information or equipment of yours that Company is not at fault. You shall not in any manner provide the Registration and Login Information for the use by any other person, and shall not buy, sell, transfer or give away the same. Otherwise, you shall assume all the liability and joint liability with the actual user.
   • (4)    Company undertakes that Company will use the Registration and Login Information you provide only for the purposes of providing Platform Services, including but not limited to transaction confirmation, transaction payment, customer review, policy updates, notice to user, release of promotional information, commercial information and other supporting services in relation to transactions and services and that Company will process your personal information and protect your privacy in accordance with the “Privacy Policy Statement”. If you have any doubt, you may contact Company’s Customer Service Centre (via email: ContactUs.HK@infinitus-int.com. Your use of our services means you agree with Company that we are permitted to use such information in accordance with our “Privacy Policy Statement”. For details, please see《Privacy Policy Statement》.
4. Obligation and Undertaking of Compliance
   • (1)    You undertake that you will not use our services for any illegal purposes or in any illegal manners, and that you will comply with the laws, by-laws and all customs in relation to use of the Internet and online payment services.
   • (2)    You shall assume the legal liability for your own messages and acts on Platform. You agree and warrant that you will not commit any illegal acts by using the Platform Services, otherwise you shall assume the legal liability therefor and indemnify Company for all the loss and damage caused as a result thereof.
   • (3)    If you fail to comply with the above clauses, we shall have the right at our sole discretion to reject, amend or delete any of your messages posted that is in breach of any law or policy, or is inaccurate, without giving you any prior notice. We shall also have the right to stop any transmission, or suspend or close any account, and reserve the right to take further actions, including but not limited to keeping the related records and reporting the breach to the competent authorities.
   • (4)    We shall have the right to restrict, suspend or terminate your use of our services in accordance with our business rules. You shall be responsible for the damage caused to you due to the aforementioned restriction, suspension or termination and we shall not be responsible therefor.
5. Product Information
   • (1)    Product information (including but not limited to product price, quantity, availability, delivery cost and administrative fee) on Platform shall be subject to change from time to time without giving any notice. Please pay attention to the updates on Platform from time to time.
   • (2)    We undertake that we will maintain the accuracy of the information you browse. Notwithstanding the foregoing, Company shall not be liable for the delay to or error of the information displayed on Platform caused by change of selling price due to increase in purchase price by any supplier or change of tax rate, or by technical issues or other factors.
   • (3)    Unless otherwise specified by the law or undertaken by us, we do not warrant the suitability of any product. You shall fully understand your needs before making any purchase and carefully read the corresponding product instructions.
6. Order Form and Out of Stock
   • (1)    To assure the completeness of your order form, we will require you to specify the name and quantity of the product that you wish to purchase as well as the payment method, consignee, contact details and delivery address. The details of an order as displayed on Platform are automatically created by the computer system based on the contents you provide such that the order form you place is deemed as an offer to a contract.
   • (2)    Before you confirm your order, please carefully check the name, price, quantity, code and specification of the product that you wish to purchase as well as the contact details, phone number, consignee, delivery address and total amount payable. If you discover any error or missing information in your order form, please do not submit or confirm it. Otherwise, you shall be liable for the risks or losses as a result thereof.
   • (3)    In the event that the consignee is not yourself as you confirm, the act and intent of the consignee shall be deemed as your act and intent such that the consignee acts as your agent. You shall be responsible for the legal consequences of the act and intent of the consignee.
   • (4)    Due to changes in the market, supply of raw materials, production capacity and other factors that are beyond control even though reasonable commercial actions are taken, we are unable to warrant you that every product you wish to purchase as specified in your order form is in stock. In the event that the product you intend to purchase is out of stock, either we or you shall have the right to cancel the order in question and shall notify to the other party. In the event that the payment has been made, refund will be arranged.
7. Transfer, Receipt and Custodian of Payment
   • (1)    You shall make payment via a competent payment service provider (including but not limited to bank and online payment service provider), and shall open and activate an account in line with the requirements of the payment service provider, provide the required proofs and give the corresponding instructions, in accordance with which we will request the payment service provider you appoint for pre-authorisation and/or transfer of the payment. In the course of opening your account, you shall properly maintain the details of such payment account, identity and mobile phone data (inclusive of SMS verification code), otherwise you shall be liable for the risks and losses.
   • (2)    You understand that Company is not a financial institution or payment service provider, and acknowledge that transfer of money takes time so that the exact time we receive your payment will depend upon the payment service provider and the related systems. You agree that we are not liable therefor.
   • (3)    You agree that we shall not be liable for any loss caused by currency devaluation or fluctuations of exchange rate that affects the money taken into custody or withheld by Company in the course of your use of Platform Services. You also agree that we will not pay you any interest in any refund or commission payable to you from us.
   • (4)    You understand that the competent payment service provider and/or we will review and verify the information you provide (including but not limited to name, bank or credit card number and mobile phone number) and reserve the right to change the conditions of and standards for the review and verification process from time to time.
   • (5)    You understand and acknowledge that we are only responsible for provision of data transmission channel to transmit data for you and the payment service provider you appoint to the extent of the payment functions offered by the payment service provider that you are entitled to use. You in the payment process shall abide by the rules and procedures issued by the payment service provider as well as any other agreements between you and such payment service provider. If you have any doubt about the flow of money in or the status of your account with the payment service provider, you shall immediately contact such provider. We shall not be liable for any loss caused in the transactions between you and the payment service provider.
8. Delivery and Proof of Delivery
   • (1)    You agree that the product specified in your order form as you confirm on Platform will be delivered by Company or the third party courier as appointed by Company and that you shall pay for the delivery/logistics cost incurred in the course of the delivery. Company or the third party courier shall have the right to request you or the consignee named in your order form to sign the delivery note. You or the consignee named in your order form shall have the right to conduct necessary inspection of the package, quantity and the condition of the product before you sign for the proof of delivery.
   • (2)    You shall be responsible for the delay to or failure of the delivery if the address you provide is incorrect. We shall have the right to charge you the logistics costs based on the number of attempts we make for the delivery. If the purchase or delivery is outside our designated areas, the order form in question shall be ineffective. We shall have the right to unilaterally cancel the order or request you to pay additional logistics costs (if applicable). If you or the consignee named in your order form refuse to receive the product for more than once without any good reason, we shall have the right to cancel your pending orders, suspend or close your account and forbid you to register permanently, and reserve the right to seek legal remedies at law.
9. Push Notifications and Publications
   • (1)    You agree that, with you consent and authorisation, in the course of your use of Platform Services, we will send you notices by push notifications and publications in electronic forms, including but not limited to email, mobile phone number and release on Platform.
   • (2)    For the purposes of providing you with more professional and convenient services, with you consent and authorisation, we will send you our latest updates or notices by push notifications. Such updates and notices include but are not limited to texts, data, audio and video. You may follow the instructions included in such updates or notices to express your refusal to receive the related updates and notices.
   • (3)    You agree that, for the actual needs of delivering our services, Platform and Company can share and use your user’s information internally. Company will keep your user’s information and trade secret in strict confidence, unless otherwise stated by the law or authorities’ regulations.
   • (4)    Company owns absolute and full ownership right and intellectual property rights of, or has obtain the legal authorisation from the owners of, all the information and contents on Platform (including but not limited to texts, pictures, charts, photos, software, audio and video, as well as all the contents in advertisements and all the contents provided in push notifications and publications). Unless otherwise specified the law, without our written consent, you shall not in any manner wholly or partly copy, share, quote, link, seize or in any manner use the information or contents on Platform and shall not allow any person to do the same. We shall have the right to seek legal remedies at law.
   • (5)    You understand that visitors to Platform may post their comments, opinions, photos, hyperlinks to other websites and other contents as well as suggestions, ideas, advice, questions and other information on Platform and that none of this information and contents from those visitors represent us. We shall have the right (not obligation) to monitor, and edit or remove, any activities or contents. We shall not owe any liability in any form to you or any third party for the contents posted thereby. If you have any dispute with any other user/business entity in the course of your participation in any activity or transaction, you shall be responsible for resolving such dispute and we shall not be involved therein.
   • (6)     We do not make any expressed or implied warranty for any contents that are not provided by us. We shall not be liable for any acts committed, and any products or contents provided, by any third party or other website. You shall carefully read the terms and conditions of use governing the aforementioned contents.
   • (7)    You hereby confers the rights on us and copyright assignees to use the contents you provide. You acknowledge and warrant that:
     1. You possess the ownership right, or in any manner have been assigned the necessary rights, of the contents you post;
     2. The contents you post are true and accurate;
     3. The contents you provide are not in breach of this Agreement or do not cause any damage to any person or entity; and
     4. You shall indemnify us the damage for the contents you provide.
10. Intellectual Property Right and Copyright
    • (1)    All the intellectual property rights to Platform and the contents related to Platform are owned by Company and/or Company’s affiliated companies, or are assigned to Company and/or Company’s affiliated companies. The aforementioned intellectual property rights include trademark, service mark, trade name, logo, image, copyright, domain name, patent, design, utility model, database, know-how, trade secret and all other intellectual property rights or industrial application rights, or any rights gained after registrations. Unless otherwise specified in this Agreement and permitted by the applicable law, all the contents on Platform shall not be interpreted as the use of the same without the needs of written consent of Company, or the licensee or owner of the related intellectual property rights by acquiesce or estoppel, or in any other manner.
11. Disclaimer
    • (1)    Unless otherwise specified by the written description, all the information, contents, materials, products (inclusive of software) and services on, included in or in any other manner through Platform are offered to you “as is” and “in existence”. Unless otherwise specified by the writing description, we do not offer any statement or warranty, expressly or impliedly, in any manner regarding the operations of Platform as well as the information, contents, materials, products (inclusive of software) or services on Platform. You expressly agree to be responsible for the risks in using Platform. We shall not owe any liability for the direct or indirect loss caused by the use of or unavailability for Platform Services.
    • (2)    You acknowledge and agree that we shall not owe any liability for any damage, including but not limited to direct and indirect loss, damage to reputation and goodwill as well as psychiatric damage, which is caused to you for the following reasons that:
      1. Platform is unable to provide the services as normal due to the payment service provider;
      2. The cease of or delay to the services caused by the breakdown of the telecommunication facilities or power system, or by any other third party;
      3. The services are not provided as normal during the period of our system maintenance;
      4. The terminal services are unable to complete your instruction or request due to computer or mobile phone virus, hacker’s attack, system instability, your location and device switched off as well as network, technical issues and other communication network;
      5. Force majeure, including but not limited to war, flood, fire, typhoon, tsunami, earthquake, government act and all other events that are not be foreseen, avoided or overcome;
      6. Your mobile phone is lost or the mobile phone number you provide is incorrect;
      7. You, in the course of making payment, fail to verify the details of the transaction that causes inconsistency between the transaction that you actually pay for and the transaction that you intend;
      8. You fail to follow this Agreement or Platform’s instructions, or your password is cracked due to failure of timely changing your password;
      9. You fail to properly keep the details of your account, bank card and identity as well as mobile phone data (inclusive of MSM verification code); or
      10. Other loss that is caused by yourself and other loss that is not at our fault.
    • (3)    To the greatest extent permitted by law, our liability at the request under this Clause shall not exceed the total amount you pay us.
    • (4)    Under all circumstances, we shall not owe any liability for the loss, loss of income or information and financial loss, or indirect, special, derivative, exemplary or punitive damages, or any other loss or damage which is not reasonably foreseeable.
    • (5)    To the greatest extent permitted by law, you agree that you shall indemnify us, including our subsidiaries and affiliated companies, as well as our management, directors, employees and agents and hold us harmless from and against all petition, damage, liability, loss, obligation, cost or liabilities, and other fees (including but not limited to legal fee) caused by: (i) your use of our services; (2) your breach in any Clause under this Agreement; or (iii) your infringement of any third party’s right, including but not limited to any copyright, property or privacy.
12. Entire Agreement, Severability and Amendment
    • (1)    This Agreement is formed by the body text hereof and Schedule attached hereto, the existing and future individual agreements and rules announced on Platform, as well as the reminders given in the course of operations. The correlated terms can be interchangeable for reference.
    • (2)    Should there be any one clause under this Agreement becoming ineffective or unenforceable for whatever reason, the rest hereunder shall remain effective and binding upon you and us.
    • (3)    In the course of your use of a specific service of ours/purchase of a product from us, a separate business agreement or business rules may be formed. You shall carefully read the related contents before use. If Company and user execute terms and conditions on any specific service/product (hereinafter referred to as “that agreement”), the terms of that agreement shall also be applicable to this Agreement. If there is any inconsistency between that agreement and any service clause above, that agreement shall prevail.
    • (4)    You agree that we shall have the right to make amendments to the contents of this Agreement based on our business development and announce such amendments without giving you any notice. The amended agreement shall replace the original one immediately after the announcement thereof is made. You shall regularly review this Agreement and the amendments thereto. If you do not agree with any amendment to this Agreement, you shall immediately stop using the services under this Agreement. Your continuous use of the services under this Agreement after the announcement of the amendments thereto means that you have read through, understand and accept such amendments and that you will use the services under this Agreement in line with the amendments thereto.
13. Use of Software
    • (1)    You may use Platform and our software (collectively, “Company’s Software”) in the only event that you use the services we provide. Your use must be in compliance with this Agreement as well as the terms and conditions of Company’s Software and regarding the services. You shall not use any part of Company’s Software within any other software or use your software in conjunction with Company’s Software. You shall not transfer Company’s Software for provision of other services, sale, lease, loan, assignment, distribution or sub-licence, and shall not transfer all or part of the rights to Company’s Software in any manner. You shall not in any manner use Company’s Software for illegal purposes. If you are in breach of this Agreement or terms and conditions of Company’s Software and services, we will automatically terminate your rights to use Company’s Software without giving you any notice.
    • (2)    You shall download or acquire the files (inclusive of software and text files) relating to the services only from Company’s website or the partners’ websites that are legally authorised by Company and shall reasonably use the same. You shall be liable for the breakdown of your computer or any damage caused by your improper download of the files.
    • (3)    We shall have the right to stop providing you with any Company’s Software at any time and to terminate your right to use any Company’s Software. If in the related text file specifies that Company’s Software may include or enclose with the terms and conditions of a third party supplier, you shall also abide by the terms and conditions of such third party supplier in the course of using Company’s Software (inclusive of embedded software).
    • (4)    Company’s Software shall be the property owned by Company or the software supplier of Company, and shall be protected by both Hong Kong and international copyright laws.
    • (5)    In the course of using Company’s Software, you may be simultaneously using the services of at least one third party service provider, including wireless network service provider and mobile platform service provider. In the course of using the services of such third party service providers, you shall abide by the policies, terms of use and related rules on payment issued by such third party service providers.
    • (6)    You shall not copy, modify, or use reverse engineering, reverse compilation or reverse disassembly against, or dissemble, or intend to change the whole or part of Company’s Software or intend to acquire the source code, or use Company’s Software to establish derivative products, and shall not encourage, assist or authorise any third party to do the same.
    • (7)    To ensure that you are using the latest version of Company’s Software, we will at any time provide you with automatic updates or manual updates on Company’s Software without giving any notice.
14. Miscellaneou
    • (1)    Company shall reserve the right to amend this Agreement without giving any prior notice. If there is any dispute over the interpretation of any terms and conditions, Company’s interpretation or decision shall be final.
    • (2)    You agree and accept that Company shall have the right to modify or suspend the services at any time without giving you any notice. Company shall not owe any liability to you or any business partner for exercising the right to modify or suspend the services.
    • (3)    You shall not have any right to assign the terms and conditions, and any rights and obligations, under this Agreement. Company may assign the same without any restriction.
    • (4)    This Clause regulates the relationship between you and Company and do not generate any third party’s rights. Even if third party’s right exists, your use of Company’s services or purchase of any product means you acquiesce Company at any time in modifying the relationship between you and Company and the terms so as to exclude the existing and potential third party’s rights.
    • (5)    Company’s failure to take immediate action against your breach in this Agreement shall not be deemed as wavier by Company of any original rights (inclusive of the right to take action in the future).
    • (6)    The translation of this Agreement in any language is provided for the purpose of convenience only and is not intended to make any modification to this Agreement. Should there be any conflict between the English version of this Agreement and the version in any other language, the English version shall prevail.
    • (7)    The establishment, performance and interpretation of this Agreement as well as dispute resolution thereof shall be subject to the effective laws of Hong Kong. If there is any dispute over the contents of this Agreement or the enforcement thereof, the both parties shall negotiate with each other in good faith. If the negotiation fails, either party may commence legal proceedings at the court of law in Hong Kong.