1 SCOPE OF AGREEMENT
The usage of HKMC is bound by the TOU set by HKMC. Failure to comply with any of the stipulated terms in this agreement may result in the suspension or termination of your account, and in some instances legal actions if required.
2 OBJECT OF AGREEMENT, RIGHTS OF THIRD PARTIES
2.1 The HKMC website is an internet platform where users can publish and respond to classified ads. Users are solely held responsible for the content they submit on HKMC, as well as any consequences that arise from doing so.
2.2 HKMC is not involved in any transaction, contract and/or arrangement that might occur between and among users and third parties. The conclusion of such transactions, contracts and/or arrangements remain the business of the users and the third party.
3 USER INFORMATION AND REGISTRATION, PURPOSE OF ADVERTISEMENT(S)
3.1 The usage of HKMC’s services is essentially available for everyone. The user is obligated to promptly inform HKMC of any changes to their account information.
3.2 The user may resign from this agreement at any time. Sending an email to the Customer Service Department. HKMC reserves the right to a grace period of 14 days before terminating the agreement. Blocking an account remains the right of HKMC, as stated in clause 4.3.
3.3 An entry on Locanto, referring to a classified ad, can only materialize/be published online via the following methods: • Yalwa confirms the entry through an email, or • Yalwa implements the entry and publishes it online.
3.4 HKMC reserves the right to refuse a user’s classified ad entry under certain circumstances. This applies when the content of a classified ad goes against this agreement, violates laws and local authority regulations, contravenes good intentions, morals and customs or when HKMC is used for unsuitable purposes.
3.5 HKMC reserves the right to delete the accounts of non-registered users as well as registered users whose account(s) has/have been inactive for the past 60 days.
4 ACCOUNTABILITY FOR ADVERTISING CONTENT AND TRUTHFULLY-SWORN STATEMENTS/INFORMATION
4.1 The user is legally and solely responsible for the content of the advertisement(s) placed on the HKMC website. The user is obliged to provide complete, true and certified correct information about their person, contact details, business details (if applicable) and must provide sufficient descriptions in regard to the advertisement being placed. The user agrees to place their advertisement under the correct section within the website. The user is obliged to comply with the HKMC TOU and is expected to adhere to these terms when interacting with other HKMC users.
4.2 The user is not allowed to post content on the HKMC website that breaches this agreement, applicable rights and/or third party rights. Prohibitions for the HKMC user include:
• Violating the law or going against the Prohibited Policy
• Conducting business in a dishonest and/or deceptive manner
• Spamming, posting chain letters, and placing ads for multi-level marketing (“MLM”) and pyramid schemes
• Using virus(es) and other technical items that may cause damage to HKMC or the interest of the users of HKMC
• Causing excessive burden on the HKMC infrastructure and the smooth running operations of the HKMC website
• Bypassing measures that serve to limit and/or prevent access to HKMC
4.3 HKMC has the right to block, delete or freeze advertisements that are deemed to contain prohibited content (refer to 4.2). HKMC also has the right to warn the user and freeze their account for a certain period of time or permanently and to resign from the agreement/contract. In this process HKMC gives due respect to the legitimate interest of the user. Users’ claims, e.g. for reimbursement for already paid items/services will not be honored when the Prohibited Content Policy is breached.
HKMC users are obliged to release HKMC from any claims or lawsuits brought forward by other HKMC users or third parties who have been in anyway affected by an advertisement’s content. HKMC users must shoulder any costs/claims arising from lawsuits directed at HKMC, including all legal and juridical costs.
6.1 The usage of the HKMC website is essentially free of charge. However, HKMC reserves the right to charge fees for special services and site features as well as the publication of online advertisements under specific/certain categories on the site.
6.2 All fees shall be reflected and charged in the respective currency for each country. Yalwa reserves the right to charge in other currencies for technical reasons.
6.3 Each and every fee shall be due for immediate payment and shall be paid for/settled using the different methods of payment offered on the website. Costs that may arise from aborting the payment collection shall be shouldered by the user and not HKMC.
6.4 The user shall be informed about new invoices via an email that provides a link to the user’s account. HKMC ensures the protection of the user by sending these emails only to the registered email address on HKMC.
6.5 In the event of delayed payments for these services, HKMC reserves the right to suspend the execution of the said service(s) and restrict the access of the user until the amount due has been paid.
6.6 HKMC reserves the right to change/modify the fees for services assiciated with optional features on the website without prior notice.
7 CHARGEABLE ADVERTISEMENTS WITH ADDITIONAL OPTIONS/FEATURES
HKMC users may book additional features to their advertisements. Should the user choose to delete the advertisement before the booked time frame has lapsed, this revokes the right of the user to retain or reuse the rest of the “unused” booked time. Yalwa does not reimburse the user for any portion of a discounted feature/service.
8 PUBLICATION OF ONLINE ADVERTISEMENT(S) ON RELATED INTERNET PLATFORMS OWNED BY HKMC
HKMC reserves the right to republish advertisement(s) on Locanto and on other websites owned by HKMC.
9 MODIFICATION OF ADVERTISEMENT CONTENT
9.1 The HKMC user may at any time modify or delete their advertisement.
9.2 The HKMC user has the right to demand the removal or deletion of the user’s own ads from the website. HKMC shall be ready to comply with this request immediately. However due to technical reasons, this usually takes a period of up to 24 hours.
10 LIABILITY LIMITATIONS
10.1 The user agrees not to hold Yalwa responsible for things other users post or do. As most of the content on HKMC comes from other users, HKMC does not guarantee the accuracy of postings, user communications or the quality, safety, or legality of what’s offered. Continuous or secure access to HKMC’s services cannot be guaranted. To the extent legally permitted HKMC expressly disclaims all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. Yalwa is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from the usage of the HKMC website, even if HKMC has been advised or could have reasonably forseen the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to the user.
10.2 Despite the previous paragraph, if HKMC is found to be liable, the liability to the user or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees the user paid to HKMC in the 90 days prior to the action giving rise to liability, or (b) HK$1,000.
11.1 The transfer of rights and obligations of HKMC users to third parties require the approval of HKMC.
11.2 The disclosure of log in details and passwords to third parties, including HKMC users is prohibited.
11.3 If the customer/user is a merchant or a legal entity of public law or constitutes special funding under public law, the place of jurisdiction is agreed upon to be in Hong Kong Special Administration Region, PRC.