Welcome to Shopbine
Shopbine (also referred as “us”, “we”, “our company” hereafter) provides a set of e-commerce related features and services (also referred as “the Service” hereafter) enabling you to sell online by creating your online store and to sell in person with our POS integration, made available via cloud infrastructures and networks. This Condition of Use describes the conditions for Shopbine to provide the Service to You, and the corresponding rights and responsibility for Shopbine and You. This Condition of Use, Shopbine Privacy Policy, Shopbine User Generated Content Policy, Shopbine End User License Agreement, Shopbine Cookies Policy collectively form as Shopbine User Terms of Use (also referred as “Terms of Use”, “the Terms” hereafter) and governs Your use of our Service.
Any new provision, feature or tool which are added to the Service shall also be subject to the Terms. Shopbine reserves the right to amend and update any part of the Terms by posting such amendment or update to the respective page on the Shopbine website.
Interpretation
In Shopbine User Terms of Use, each gender shall include masculine, feminine and neuter genders, and words importing the singular number include the plural and vice versa, any references to “includes” or “including” means “including or include without limitation”, the word “or” shall not be construed as requiring exclusivity, and the word “person” means any referenced legal entity under the context, including but not limited to an individual, group of people, corporation, company limited, partnership, joint venture, association, trust, union, incorporated or unincorporated organization, government or government agency, unless otherwise specified in each particular terms.
For the purposes of Shopbine User Terms of Use,
- Shopbine (also referred to as either “the Company”, “We”, “Us” or “Our” hereafter) means the applicable Shopbine Contracting Party, UnitB 8/F No.221-227 Queen’s Road Central, Hong Kong.
- Affiliate means any person registered as affiliate under Shopbine Affiliate Program.
- Service means any eCommerce and eCommerce related feature, service, interface, and product which Shopbine provides to its users, disregarding whether Shopbine receives or does not receive, or entitled to or does not entitled to receive any payment from such users, for the purpose of selling online and/or offline and to facilitate such selling.
- Device means any device that can access the Service.
- You means any person accessing or using the Service, or acting on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgement
Subject to your ongoing acceptance and compliance with our Terms of Use, Shopbine grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal or commercial use at commercially reasonable level, without any rights to claiming ownership.
– You may not utilise, use, access or otherwise be made available to the Service or any part of the Service by methods other than interfaces Shopbine provides to our users.
– You may not utilise, use, access or otherwise be made available to the Service for the purpose of building or providing any product and feature that is competitive to Shopbine and/or our related operations.
– You may not circumvent, or attempt to circumvent any restriction, quota, limitation, barrier that Shopbine imposes on your interface, device, connection or account, or be made available to any features, data, resources that you are not authorised to access.
– You may not interfere, damage or otherwise jeopardise the operation of Shopbine or any third party service provider to Shopbine.
– Unless authorized by Shopbine, you may not monitor, listen to, scan, test, reverse engineer, probe, record, stream or analyse any Shopbine feature, event, traffic, network, system, usage, operation and so on.
– Unless authorized by Shopbine, you may not use any method to scrape or extract any resources or data from our systems, features, networks, traffics or interfaces.
Under no circumstances one would be granted rights to access or be made available to any of our features or interface should one disagree to any part of the Terms. Should any party refuse to or fail to comply with any conditions stated by the Terms after any permission and/or licence is granted, these license, permission and/or rights granted shall be immediately terminated, without prior notice nor refund to be made by Shopbine.
“As is” and “as available” disclaimer
All features, interfaces, products and so on that Shopbine and/or our affiliates provide to you, including paid or unpaid accounts, are provided “as is” and “as available” with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Shopbine on its own behalf and on behalf of all our vendors, licensors and service providers, hereby expressly disclaims all warranties, whether expressed, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for any particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limiting the forgoing, Shopbine provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results or purpose, be compatible or work with any other application, software, network, system or service. Shopbine hereby further declares the Service provision requires proper function of networking infrastructure, operating systems, data centres and many other data communication and processing facilities, where Shopbine has no direct control to the stability, performance, reliability or compatibility to any of these. In the event of discontinued Service, Shopbine may not be able to restore Service provision within reasonable time and any user data, including any data, log, history or record of Your account may be damaged or lost and such damaged or lost data may not be recoverable. The use of cloud based features is risky and may result in damage of intellectual and/or physical properties, injuries or death under certain situations, physical injuries can easily occur when one is over focused and ignores the surroundings. Shopbine provides no explicit or implicit promise or guarantee on quality, accessibility, usability, safety, security, compatibility, transferability, continuity or stability on our Service provided. Current ability in providing the service does not imply our ability of doing so in the future.
Despite security and continuity measures we employed, the systems that operate our products are vulnerable to digital malpractice, hostile act, virus or other digital attack, from time to time there are new discoveries of known or unknown vulnerabilities across hardware and software. System, mechanical and human error may lead to unanticipated situations and result in failure of providing any feature as we are supposed to or permanent lost of any user data. It’s important for you to employ different security and continuity procedures to further protect yourself from the above mentioned as well as many foreseeable or unforeseeable situations. Proper encrypt of all sensible data, consider an offline storage for important information. You agree Shopbine our Affiliate, licensor, vendor or service provider would not accept any responsibility or liability for any losses directly or indirectly related to us or your use of the Service, You further agree unconditionally, without limit on timeframe, not to claim for any losses or damages directly or indirectly arisen from Shopbine or Your use of the Service.
Subject to applicable jurisdiction, should Shopbine or our affiliates be unable to disclaim any responsibility or liability, you agree the maximum liability that Shopbine and our affiliates are held responsible to each user exceeds no more than HKD5,000 or the total spending net of discount, service charge and tax such user have paid for the use of our Service, where the smaller amount counts.
The Use of Shopbine
Subject to applicable jurisdiction, you need to be at least the age of majority to open an Account. e.g. if you reside and use the Service in Hong Kong, you need to be at least 18 years of age to use our Service. You need to be of legal age to consider, make and accept an offer to be a Shopbine user to use our features as visitor or customer of any Shopbine Service Account owner. Immediately after signing up for Shopbine you will create a personalized Account which includes a unique username and password of your choice to authorize access to Your Account and to authenticate Your ownership of Your Account . In general, we regard successful provision of username and password combination as authorized access. Should you aware or suspect any unauthorized access to your account, or leakage of username or password, you agree to immediately change your password and notify us whenever possible. Shopbine will notify users via email should we aware any security breach should one account be exposed to such breach. You agree Shopbine, our licensor, vendor or service provider hold no responsibility to any of your property, tangible or intangible.
Downtime and maintenance response.
Shopbine will provide initial response to new tickets submitted via Shopbine Support within 3 service hours within service hour and subsequence response time may vary subject to request nature. As declared above, Service interruption may be caused by factors beyond control of Shopbine, under such circumstances, response time may extend substantially.
Subject to service plan subscribed, the uptime target and/or guarantee may vary, please refer to your account management section for related parameters of your service plan.
Account specific Terms of Use
Subject to prior agreement, an account may be entitled to rights and/or responsibilities deviating from respective one or more clause(s) of Terms of Use. Such amendment will be explicitly listed on Supplementary Account Conditions with both the original and amended clause specified. Whenever applicable, amendment stated on Supplementary Account Conditions override any respective stated clause(s) being amended and the revised clause(s) prevails and should be interpreted the same way such clause(s) be listed on Shopbine Terms of Use.
Personal Identifiable Information Handling
Varied among jurisdictions, scope of personal identifiable information may differ. For our role and other details of handling Personal Identifiable information, please refer to our Privacy Policy.
Terminate of the service subscription – by you
You can terminate your subscription anytime after logging in Shopbine management portal and access the account management section. Once termination confirmation is submitted it will be effective immediately. You will no longer be able to access your Shopbine account. If you terminate a subscription within any billing cycle, undue subscription and/or any purchase made will not be refunded nor be able to transfer to any other user.
Regarding the retention and/or handling of your user data after service terminated, please refer to our Privacy Policy.
Terminate of the service subscription – by Shopbine
Shopbine may terminate your Subscription with respect to following conditions with following arrangements;
i.) Refuse to renew your subscription at the end of the current billing cycle with written notice provided to registered email 21 days prior.
ii.) To terminate your subscription in 90 days should any of the following occurs;
– You breached the Terms of Use and failed to resolve such breach within 30 days after Shopbine notifies you.
– Your operation is ceased
– Your use brings unproportional burden to our system
– Your use jeopardize security or stability of our system or any other user
– Your operation is found related to illegal activities or likely to cause legal, monetary or reputational liability to us or our affiliates
– Payment outstanding for 60 days or above
– Subject to applicable law and jurisdiction, ordered by court or governing agency
iii.) To terminate your subscription immediately without prior notice upon emergencies or time sensitive situations.
Property rights, copyrights and licencing information
Shopbine is owned and operated by Shopbine.
Shopbine can be made possible thanks to the generosity of many talents to develop and share their experiences and works. All related rights of these third party provided softwares are property of their respective rights owner.
Violation of Terms of Use
Shopbine and our affiliates have sole discretion to take any action we deemed necessary in the event of user violating the Terms of Use, examples of possible actions are, logging of violation related details, temporary or permanent service suspension, denouncing, termination of previously made commitment, file for claims on our losses arising directly and indirectly from such violation, share related information to any third party for further handling of such violation.
Amending the Terms of Use
Should any of our Terms of Use has to be revised, you will be notified via email should we are allowed to do so, you may also access the effective Terms on shopbine.com
Your digital assets are your property
You own your property, this includes your digital assets. Digital asset is distinguished from physical assets in its duplicable nature. Therefore, to protect your digital assets not only we have to keep it within your reach, but to keep it out of unauthorised reach, otherwise it means nothing to “owning” it. Our data policy explains further on how we process requests regarding users’ digital assets. However please be reminded should resources be made public on the internet, one can hardly be sure to undo.
Governing Law
In case of disputes, the Law of Hong Kong should be used to resolve.
Latest update made on the 30th day of September, 2020 at Old Bailey Street, Central