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責任及聲明 Terms and Conditions

Your access and use of UPPERSHOP is governed by this Terms and Conditions document. Please read this document carefully to ensure you understand. You may close UPPERSHOP immediately if you do not accept the terms set out in this document. By opening and progressing on UPPERSHOP, you are deemed to have read and accepted this Terms and Conditions document.

1. Changes to Terms and Conditions

1.1. We may change this Terms and Conditions document at any time by posting the revised version in the "Disclaimer" section of UPPERSHOP. The revised Terms and Conditions are effective immediately when posted on UPPERSHOP.

1.2. It is the responsibility of each user of UPPERSHOP to review the Terms and Conditions periodically to learn of any revisions. Your continued use of UPPERSHOP after the effectiveness of such revisions will constitute your acknowledgment and acceptance of the Terms and Conditions document.

2. General Terms

2.1. UPPERSHOP provides an online platform for merchants to promote and market their services or products for users and members of UPPERSHOP. UPPERSHOP does not involve in any transaction between the users of UPPERSHOP and the merchants.

2.2. UPPERSHOP is committed to protect the privacy of the users of UPPERSHOPs. UPPERSHOP uses the information of the users according to the terms as described in the Privacy Policy.

3. Conduct of UPPERSHOP users as a condition of your access or use of this Website, you must not:

3.1. Trespass, break into, access, use or attempt to trespass, break into, access or use any parts of UPPERSHOP servers, and/or any data areas for which you have not been authorized by us; or

3.2. Restrict or inhabit any other users from using and enjoying UPPERSHOP;

3.3. Post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, harmful, hateful, offensive, or otherwise objectionable or unreasonable information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law; or

3.4. Post or transmit any information or software which contains any virus, Trojan horse, worm or other harmful component or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of this Website or any computer software or hardware;

3.5. Without prior approval from UPPERSHOP or UPPERSHOP, post, publish, transmit, reproduce, distribute or in any way exploit any information obtained through this Website for commercial purposes; or

3.6. Upload, post, publish, transmit, reproduce, or distribute in any way, information obtained through this Website which is protected by copyright, or other proprietary rights, or create derivative works with respect thereto, without the prior written permission of the copyright owner or otherwise infringe any patent, trademark, trade secret or other intellectual property rights or other rights of third parties; or

3.7. Stalk or otherwise harass or violate the legal rights of others. You have no rights in or to the information available on this Website and you will not use the information available on this Website in any manner or for any purpose, except as permitted by laws or under these Terms and Conditions.

4. Prohibition of Access

4.1. UPPERSHOP reserve the rights at all times to prohibit, deny or suspend individual's access to this Website or any part thereof immediately and without notice, where we consider it unacceptable or we are of the opinion that you have breached any of the terms contained in the Terms and Conditions or that such prohibition or denial is appropriate, desirable or necessary in our sole discretion.

4.2. The limitation of liability contained in these Terms and Conditions will apply to the fullest extent permitted by applicable laws. In jurisdictions which do not allow the exclusion or limitation of certain types of liability, our liability will be limited to the maximum extent permitted by law.

4.3. We do not endorse, warrant or guarantee any information, material, product or service referred to in the linked websites. We are not and will not be a party to any transaction between you and any third party.

5. Materials provided by merchants

5.1. UPPERSHOP reserves the right to edit any advertisement or promotional materials provided by merchants as it sees appropriate. Merchant shall agree and consents that UPPERSHOP or UPPERSHOP may use his/her personal data for purposes relating to the provision of services offered by UPPERSHOP and marketing services and special events of UPPERSHOP.

5.2. By posting the advertising/promotional materials on UPPERSHOP, the merchant unconditionally grants UPPERSHOP a non-exclusive, worldwide, irrevocable, royalty-free right to exercise the copyright, publicity and database rights the merchant has in the content in order that UPPERSHOP can host, display, promote, copy, download, forward, distribute, reproduce and re-use the content in any form.

6. Intellectual Property Rights The text, images, layout, database, graphics, pictures, sounds or audio formats, software, brands and all other materials on UPPERSHOP are the intellectual properties of UPPERSHOP or the related Merchant which are protected by copyright and trademark laws and may not be downloaded or otherwise duplicated without the express written permission of UPPERSHOP. Re-use of any of the foregoing is strictly prohibited.

7. Indemnity Users of UPPERSHOP shall acknowledge and agree that we shall be free to copy, disclose, distribute or otherwise use any material, including without limitation, any ideas, suggestions, submissions, information or other communications transmitted or posted to this Website by users for any purposes as we deem fit without liability or compensation to any person or entity.

8. Limitation of UPPERSHOP service UPPERSHOP shall have the right to limit the use of our service, including the period of time that contents will be posted on UPPERSHOP, the size of the contents, email messages, number of photo or any other contents which sent to UPPERSHOP. UPPERSHOP reserves the right, in its sole discretion, to modify or remove any contents or materials posted on UPPERSHOP, for any reason, without giving any prior notice or reason to users. Users acknowledge that UPPERSHOP shall not be liable to any party for any modification, suspension or discontinuance of the Service.

9. Privacy Policy For information about our privacy policy, please refer to our Privacy Policy under the "Disclaimer" section of UPPERSHOP.

10. Feedback if you have any question, request or comment in connection with this Website, please send us by e-mail to:admin@uppershop.hk

11. Governing Law and Jurisdiction These Terms and Conditions shall be governed by the law of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). Both users and UPPERSHOP shall submit to the exclusive jurisdiction of the courts of Hong Kong. Disclaimer UPPERSHOP.HK (hereinafter referred to as the "UPPERSHOP" or the "UPPERSHOP MEDIA") may update our disclaimer (the "Disclaimer") at any time by posting the revised version in the "Disclaimer" section of UPPERSHOP. The revised Disclaimer is effective immediately when posted on UPPERSHOP.

1. The content of UPPERSHOP is for general information purposes only and does not constitute advice. UPPERSHOP tries to provide content that is true and accurate as of the date of writing; however, we give no assurance or warranty regarding the accuracy, timeliness, or applicability of any of the contents.

2. UPPERSHOP assumes no responsibility for information contained on this Website and disclaims all liability in respect of such information. UPPERSHOP shall have no responsibility of any kind whatsoever on the commercial transactions conducted thereafter between merchants and users of UPPERSHOP. In no event will UPPERSHOP be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits are arising out of, or in connection with, the use of this Website.

3. UPPERSHOP accepts no responsibility for and excludes all liability in connection with browsing this website, use of information or downloading any materials from it, including but not limited to any liability for errors, inaccuracies, omissions, or misleading or defamatory statements. The information at this website might include opinions or views which, unless expressly stated otherwise, are not necessarily those of UPPERSHOP or any associated company or any person in relation to whom they would have any liability or responsibility. Any information downloaded or otherwise obtained through the use of this Website is at users' own discretion and sole risk and that user will be solely responsible for any damage to their computer system or loss of data that results from the download of any such information.

4. All content and information at UPPERSHOP might be changed or updated without notice. UPPERSHOP might also make changes or improvements at any time without notice.

5. UPPERSHOP hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with regard to any information, content, or services listed at our Website, including but not limited to direct, indirect, incidental, or consequential loss or damages, compensatory damages, loss of profits, or data, or otherwise.

6. Reference within this site to any specific commercial product, process, or service by trade name, trademark, manufacturer or otherwise does not constitute or imply an endorsement, recommendation, or favouring by UPPERSHOP. The views and opinions of the user/member/author of content published at UPPERSHOP do not necessarily reflect the opinion of UPPERSHOP.

7. Links to external, or third party websites, are provided solely for users' convenience. Links taken to other sites are done so at your own risk and UPPERSHOP accepts no liability for any linked sites or their content. Any link from UPPERSHOP to an external website does not imply or mean that UPPERSHOP endorses or accepts any responsibility for the content or the use of such website. UPPERSHOP does not give any representation regarding the quality, safety, suitability, or reliability of any external websites or any of the content or materials contained in them. It is important for users to take necessary precautions, especially to ensure appropriate safety from viruses and other potentially destructive items.

8. Every effort is made to keep UPPERSHOP up and running smoothly. However, UPPERSHOP takes no responsibility for, and will not be liable for, UPPERSHOP being temporarily unavailable due to technical issues beyond our control.

9. In any event, UPPERSHOP, its officers, directors, employees or agents shall not be liable in any event for any losses, claims or damages suffered by any user whatsoever and howsoever arising or resulting from his/her use or resulting from his/her use of inability to use the sites and their contents, including negligence and disputes between any parties.

Privacy Policy

Your access and use of UPPERSHOP.HK (hereinafter referred to as the "UPPERSHOP") is governed by this Privacy Policy. Please read the Privacy Policy carefully to ensure you understand. You may close UPPERSHOP immediately if you do not agree to be bounded by the Privacy Policy. By opening and progressing on UPPERSHOP, you are deemed to have read and accepted our Privacy Policy. UPPERSHOP maintains a strict confidentiality policy on all personal data collected from the users, members and the merchants through UPPERSHOP.

1. Changes to Privacy Policy

1.1. We may change this Privacy Policy at any time by posting the revised version in the "Disclaimer" section of UPPERSHOP. The revised Privacy Policy is effective immediately when posted on UPPERSHOP.

1.2. It is the responsibility of each user of UPPERSHOP to review the Privacy Statement periodically to learn of any revisions. Your continuous use of UPPERSHOP after the effectiveness of such revisions will constitute your acknowledgment and acceptance of the terms of the revised Privacy Policy.

2. Types of Information Collected and Uses of Collected Information

2.1. We collect certain personal information that could be used to identify a specific user. When a user engages in certain activities on UPPERSHOP, such as creating a member account, posting a review in UPPERSHOP, entering a contest sponsored by us or our participating merchants, filling out a survey, sending us feedback, requesting information about our services, we may ask user to provide certain information about himself/herself, such as first and last name, mailing address, email address, telephone number and identity card number.

2.2. When a merchant joins UPPERSHOP, we may ask the merchant to provide us with his/her credit card number, expiration date and authentication codes or related information to process a transaction.

2.3. We use the collected personal information to provide services to our users, members and merchants, improve our marketing and promotional efforts, analyse UPPERSHOP use and enhance the operation of UPPERSHOP.

2.4. We may also use your personal information for contact purpose, enforce our agreements with UPPERSHOP users and members as well as participating merchants, including our Website Terms of Use and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities.

3. Release of Personally Identifiable Information We will not share individual's personal information with other parties except as provided below.

3.1. We may share your information with authorized third party service providers. We provide some of our services and products through third parties. These third party service providers perform functions on our behalf, such as sending out and distributing our administrative and promotional email/SMS. We may also share merchants' personal information with certain service providers to administer and process credit card transactions.

3.2. We may share your information when there is a change of ownership. As with any other business, we could merge with, or be acquired by another company. If this occurs, the successor company would acquire the information we maintain including your personal information. However, all the personal information would remain subject to this Privacy Policy.

3.3. We may disclose your information when required by law or court order, or as requested by government or law enforcement authorities or administrative organizations, or in the good faith that disclosure is otherwise necessary or advisable including and without limitation to protect the rights or properties of UPPERSHOP or in circumstances which we consider to be related to any of the purposes for which the personal information are collected. This also applies when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.

4. Updating and Correcting Information We believe that you should have the ability to access and edit your personal information you provide us. You may change any of your personal information by accessing your member or merchant account and editing profile. You may ask to have your user profile deleted by sending an email to admin@uppershop.hk.

5. User Choices on Collection and Use of Information

5.1. You can always choose not to provide information, although it may be required to engage in a certain activity on UPPERSHOP.

5.2. As a member or merchant of UPPERSHOP, we will send you administrative and promotional emails. We will send you information regarding your account activity and promotional material that you may have interested.

5.3. If you do not wish to receive any emails from us, please send an email to admin@uppershop.hk to inform us your wish and we will remove your email address from our mailing list, or by hitting the "unsubscribe" button at the bottom of any of our e-mails.

6. Privacy Policies of Third Party Websites

6.1. This Privacy Policy only addresses the use and disclosure of information we collect from you. Other websites that may be accessible through this Website have their own privacy policies and data collection, use and disclosure practices.

6.2. If you link to any such website, we encourage you to review UPPERSHOP's privacy policy. This Privacy Policy applies only to information collected by this Website. We are not responsible for the policies or practices of third party websites.

7. Public Areas

7.1. We may provide areas on UPPERSHOP where our members can publicly post information about them and can review merchants listed on UPPERSHOP. This information would be accessible by users of UPPERSHOP and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others.

7.2. If you agreed to reveal your email address on UPPERSHOP, you may receive unsolicited messages. We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please consider carefully before allowing UPPERSHOP to post any of your personal information.

8. Security Measures UPPERSHOP will use its reasonable endeavors to ensure that its officers, directors, employees, agents and/or contractors will exercise their prudence and due diligence in handling the personal data submitted by the Users, and the access to and processing of the personal data by such persons is on a "need-to-know" and "need-to-use" basis. UPPERSHOP will use its reasonable endeavors to protect the personal data against any unauthorized or accidental access, processing or erasure of the personal data.

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