Terms and Conditions
PLEASE ENSURE THAT YOU TAKE THE TIME TO READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THIS SITE.
- Terms of Service
1.1 The terms of service (Terms of Service) set forth below, apply to all visitors to and users of our Site (whether you are a registered POSTalk online store account stored at shopify's server holder or not, and whether you pay for a subscription to any of our Services; or are using our Services as a non‑paying user; or on a free trial basis). The Terms of Service govern your use and access to our services, including our online store (stored at shopify server), website (POSTalk.com.hk), online and offline applications or application plug‑ins running on any platform or device (Applications), application programming interfaces (APIs), and email notifications (collectively referred to as Services), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as Content).
1.2 By accessing and using the Service you signify your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.
1.3 In these Terms of Service, the words “you” and “your” refer to each customer, Site visitor or Application user “we”, ”us”, “our” and “POSTalk”, "TAKON" refer to TAKON Product Development LTD, a limited liability company registered in Hong Kong.
1.4 If you are entering into these Terms of Service on behalf of a company, partnership, sole proprietorship or other legal entity, you represent that you have the legal authority to bind such entity to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or you do not agree with these Terms of Service, you must not use this Site, online store, our Applications or any of our Services. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an unauthorized representative of your entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we may, but are not obliged, to require additional authentication from you.
1.5 OUR SERVICES ARE NOT INTENDED FOR MINORS. YOU AGREE THAT BY USING THE SITE, APPLICATIONS AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
- Changes of Terms
We may amend the Terms of Service from time to time in our sole discretion without notice or liability to you. It is your responsibility to review these Terms of Service periodically. By continuing to use the Services following such amendments to the Terms of Service, you agree to be bound by such amendments. If you do not agree to the Terms of Service, now or at any time, please do not use the Site or any Applications.
- Other applicable terms
These Terms of Service refer to the following additional terms, which also apply to your use of our Services:
(b) our Payment Terms, which set out the additional terms for users of our paid and subscription based services.
- POSTalk online store, website and web application
The services of POSTalk includes but is not limited to an application for the online store for purchasing POSTalk's products, website, application and any e-commerce platform.
- Changes to our Services
5.1 Because the Services that we provide are always evolving, their form and nature may change from time to time and we may not be able to give you prior notice. In addition, we may stop (permanently or temporarily) providing features within the Services) to you or to users generally. Wherever possible we will try to provide you with prior warning of a disruptive event.
We may offer certain Services as closed or open beta services (Beta Service or Beta Services) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that POSTalk will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
- Accessing our Services
We make every effort to ensure that our Services are always available but we cannot guarantee that Services will not be uninterrupted. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.
(a) To access certain features of our online store, applications and services, you must register for a POSTalk online store, application account. During account registration, you will be asked to provide details including your first name, last name, email address, mobile phone number and a preferred password. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You must use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. POSTalk cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
(b) We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
(c) If you know or suspect that anyone other than you knows your password, you must promptly notify us at support@POSTalk.com.hk
7.2 Verified Accounts
(a) As an POSTalk online store, application account holder, you may select to verify your identity and upgrade the status of your account to a verified status at any time. With a verified status, you may enjoy services that are only offered to Verified Users. Seeing that you are a Verified User can give peace of mind to other users of POSTalk online store or application. We retain the right to reject an application to upgrade to a Verified User status. We also reserve the right to remove the Verified User status of an account at any time at our sole discretion.
(b) Using outdated information or changing certain profile information (such as the email you used to register for your POSTalk application account) will result in the removal of a Verified User status. You may re-apply for verification but there is no guarantee that the application will be approved. Your account may also lose its Verified User status if you violate our Terms of Service.
- Intellectual Property Rights
8.1 All intellectual property rights subsisting in respect of the Services belong to POSTalk or have been lawfully licensed to POSTalk for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as our Site is copyrighted under applicable laws.
8.2 You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
- Limited Liability and Warranty
Please read this section carefully since it limits the liability of POSTalk and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, POSTalk Entities). We give you no warranty or assurance about this Online Store, Site, our Applications or Content.
Each of the subsections below only applies up to the maximum extent permitted under applicable law.
9.1 THE ONLINE STORE, SITE, APPLICATIONS AND ALL CONTENT, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE ONLINE STORE, SITE OR APPLICAIONS ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE POSTALK ENTITIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
9.2 WHILE WE MAKE EVERY EFFORT TO ENSURE QUALITY, POSTALK MAKES NO WARRANTY THAT THE ONLINE STORE, SITE, APPLICATIONS OR CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ONLINE STORE, SITE OR APPLICATIONS WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER CONTENT PURCHASED OR OBTAINED THROUGH THE SITE, APPLICATIONS OR IN RELIANCE ON THE CONTENT WILL MEET YOUR EXPECTATIONS.
9.3 The POSTalk Entities shall not guarantee that:
(a) any Content presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
(b) messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;
(c) access to the Services will be available or be uninterrupted;
(d) use of the Services will achieve any particular result; or
(e) defects in the Services will be corrected.
9.4 Without limiting the generality of the foregoing, in no event will the POSTalk Entities be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information or the services, even if any of the POSTalk Entities has been advised of the possibility of such loss or damages.
9.5 You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. It is your responsibility to ensure that your use of the information and the Services complies with all applicable legal requirements.
9.6 Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us as set out in these Terms of Service or otherwise, you are advised to contact us at email@example.com . No such lack of response shall be deemed to constitute any acquiescence or waiver.
9.7 The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.
- Inappropriate Content
10.1 When accessing the Online Store, Site, any Applications, or using our Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:
(a) is libelous, defamatory, obscene, pornographic, abusive or threatening; or
(b) advocates or encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws or regulations.
10.2 POSTalk will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
- Content Copyright Policy
11.1 POSTalk respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
11.2 We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Our contact for notice of alleged copyright infringement appearing on the Services is firstname.lastname@example.org .
- Use of the Services
12.1 We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of POSTalk, its users and the public.
12.2 We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
12.3 You may not do any of the following while accessing or using the Services: (i) access, tamper with POSTalk’s computer systems or related online store system stored at shopify's server, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
12.4 We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the website, Online Store, Site, our Applications, Content or Service. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
- Partial Invalidity
The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
- No Waiver
No waiver of any breach under these Terms of Service will amount to a waiver of any other breach. The headings in these Terms of Service are for convenience only and do not affect interpretation.
The Terms of Service will continue to apply until terminated by either you or us as follows.
16.1 You may end your agreement with us at any time for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services. If you choose to deactivate your account, your account will be archived but open for reactivation at any time.
16.2 We may suspend or terminate your accounts or cease providing you with all or part of the Services if we reasonably believe: (i) you have violated these Terms of Service; or (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer possible. In all events, we will try to notify you by the email address associated with your account or the next time you attempt to access your account.
16.3 In all such cases, the Terms of Service shall terminate, including, without limitation, your license to use the Services, except that the following clauses shall continue to apply: 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 17.
16.4 Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in Clause 5.
- Governing Law
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Hong Kong.
Last updated 5th, Oct, 2016