TERMS OF USE OF ONLINEBUSINESSASIA.COM
BY USING THIS SITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (THE “TERMS OF USE”) WITH PRIVATE SALES LIMITED (“WE”, “US”). WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE FROM TIME TO TIME. THE CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
1. Use of the Site.
You may use the Site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy (the “Privacy Policy”). Once you complete and submit your registration, you have opted in to receive email communication from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Private Sales Limited or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of Private Sales Limited; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
2. Membership Eligibility.
The Site is available to members who are 18 years and older and who have not been suspended or removed by Private Sales Limited for any reason. By becoming a member you represent that you are of legal age. Membership is available only by a valid invitation to users who have completed the information required by the Site’s registration form. If you do not qualify, you may not use the Site. As a member, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. Membership is void where prohibited by law.
3. Additional Terms and Conditions.
Additional terms and conditions may apply to specific portions of the Site or your membership, which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of the Site or your membership, the latter terms shall control with respect to your use of that portion of the Site or your membership.
The following terms and conditions apply to the applicable features on the Site: (a) Credit Balances. Any store credit balance may be applied to your next purchase of merchandise from the Site. Store Credits must be used in entirety in a single purchase event, as partial credit balances will not be issued. If your account and/or membership is terminated for any reason, any credit balances in your account will be immediately cancelled. Account balances are determined byPrivate Sales Limited and such determination is final.Private Sales Limited reserves the right to deny use of store credit on certain sale items as specified from time to time. Members will receive HK$100 Store Credit when their invited friend makes their first purchase. Store Credit may not be aggregated for use on a single item; each HK$100 Store Credit coupon may only be used in isolation, e.g. member buys 1 product and uses HK$100 Store Credit, or buys 2 products and uses 2 x HK$100 credit (HK$100 on each product purchased) and so forth. (b) Online Gift Voucher. Private Sales Limited online gift voucher is honoured only on PrivateSales.hk. Voucher is not exchangeable for cash. Voucher must be fully utilized when making payment. Any unutilized amount of this voucher will be forfeited and shall not be refundable. Voucher cannot be used for more than one transaction on PrivateSales.hk. Private Sales Limited will not be responsible for the loss of the voucher. (c) Text Messages. If you provided us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. This service is free from Private Sales Limited but charges from your carrier for usage may apply and you are responsible for all such charges. (d) Site-Provided Email and Postings. The Site may provide members with the ability to send email messages to others and to post messages on the Site. Private Sales Limited has the right but not the obligation to monitor and decline, edit or remove all or any portion of any postings, submissions or content. You agree not to use the Site to post content or other communications that contain (i) political, libelous or otherwise unlawful, abusive or obscene material; (ii) advertisements of any kind; (iii) personal information (such as addresses, phone numbers, etc.); (iv) confidential information of Private Sales Limited, its parent, subsidiaries or affiliates; (v) any chain letters; (vi) messages that offer unauthorized downloads of any copyrighted or private information; and (vii) information similar or related to the foregoing. You further agree not to send email invitations to join the Site to yourself for purposes of accumulating Store Credit, or to people who do not know you or who are unlikely to recognize you as a known contact.
4. Accuracy of Content; Limitations on Quantity.
The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice. The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available.
5. Credit Card Payment.
In a credit card transaction, you must use your own credit card. Private Sales Limited will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user
6. Proprietary Rights.
You acknowledge and agree that the content, materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of Private Sales Limited and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distributed, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. Private Sales Limited relies upon a network of independent vendors who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to you. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors.
7. Submissions.
Any comments, ideas, notes, postings, messages, suggestions or other communications or information posted on the Site, submitted toPrivate Sales Limited, or otherwise communicated in connection with your use of the Site (collectively, “Submissions”) shall be and remain the exclusive property of Private Sales Limited with no further compensation to you. As such, we will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY SUBMISSION TO PRIVATE SALES LIMITED BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY SUBMISSION TO PRIVATE SALES LIMITED , YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLEY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO PRIVATE SALES LIMITED THAT PRIVATE SALES LIMITED IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY PRIVATE SALES LIMITED, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. Private Sales Limited takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.
8. Links to Third-Party Web Sites; No Implied Endorsements.
This Site may contain links to other web sites on the Internet. You acknowledge that we have no control over such web sites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked web site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
9. Indemnification.
By using this Site, you agree to indemnify, hold harmless and defend Private Sales Limited, its parent subsidiaries and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Site; (ii) your breach of the Terms of Use; or (iii) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defence of any claim. Private Sales Limited reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
10. Disclaimer of Warranty.
THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, PRIVATE SALES LIMITED DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability.
IN NO EVENT SHALL PRIVATE SALES LIMITED, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY PRIVATE SALES LIMITED, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF PRIVATE SALES LIMITED HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF PRIVATE SALES LIMITED, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO PRIVATE SALES LIMITED IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR EVENT GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL PRIVATE SALES LIMITED, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF PRIVATE SALES LIMITED.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
12. International Use.
We make no representation that information on this Site is appropriate or available for use outside the Asia region. Those who choose to access this Site from outside the Asia region do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. Risk of Loss.
The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
14. Private Sales Limited Affiliates.
Private Sales Limited is not affiliated with web sites or third parties that sell or advertise our products without a written agreement with us. Private Sales Limited reserves the right to void all service, return, and other policies for orders and Private Sales Limited products that were purchased through unauthorized sellers. Private Sales Limited is not responsible for any representations by unauthorized sellers.
15. Unavailability of Site; Termination; Fraud.
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site or your account or membership, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and /or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
16. Copyright Infringement; Notice and Take Down Procedures.
If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. With regards to copyright issues, kindly email to hello@onlinebusinessasia.com
17. Miscellaneous.
Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Private Sales Limited with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Private Sales Limited with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Private Sales Limited to act with respect to a breach by you or others does not waive Private Sales Limited’s right to act with respect to subsequent or similar breaches. Private Sales Limited’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.
This agreement shall be construed in accordance with the applicable laws of Hong Kong. The Courts at Hong Kong shall have exclusive jurisdiction in any proceedings arising out of this agreement.
18. Privacy Policy
Private Sales Limited is committed to protecting the privacy of visitors to this site (the “Site”). This Privacy Policy applies to the Site. This Privacy Policy does not apply to other web sites to which we link. You agree that your use of the Site signifies your assent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not use the Site.
Information Collected
In order to access this Site, you must first complete the registration process. During the registration process, we collect personal information such as your name and email address. Once you complete and submit your registration, you have opted in to receive email communication from us.
We also collect personal information when you choose to use certain other features of the Site, such as making purchases or electing to receive text messages about upcoming events or promotions. When you choose to use these additional features, we require you to provide additional personal information such as your phone number, billing and shipping addresses and credit card information, and we may request additional personal information such as your shopping preferences and demographics.
In addition, through the Site, we automatically gather certain information about the use of the Site, such as how frequently certain areas of the Site are visited, including through the use of cookies, web beacons and other technologies. Most browsers can be set to prevent cookies or to notify you when one is being placed. However, cookies are necessary to access the Site.
The Site also makes use of a technology designed to enhance your browsing experience and to provide aggregate non-personally identifiable information about the use of the Site to us. If for any reason you do not wish to have this technology enabled while browsing the Site, please disable cookies in your browser preferences.
If you choose to invite an individual to join www.onlinebusinessasia.com, you will need to provide his/her name and email address. Private Sales Limited stores this information to confirm qualifying orders attributable to your account and to track the results of the invitation referrals.
How We Use Your Information
We will not share or disclose your information to anyone except as described in this Privacy Policy.
We use personally identifiable information in order to give you a more enjoyable, convenient shopping experience and to help us identify and/or provide information, products or services that may be of interest to you. We use your personally identifiable information to support and enhance your use of the Site and its features, including without limitation: fulfilling your order; providing customer service; tracking email invitations you send; and otherwise supporting your use of the Site. We may also track your past purchases to provide you with a personalized profile of your shopping history. In addition, we may notify you about new services or special promotional programs, or send you offers or information.
We may permit certain trusted third parties to access your information in connection with their performance of services to maintain and operate the Site and certain features on the Site. For example, we may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders.
Also, we may share personally identifiable or other information with our parent, subsidiaries, divisions, and affiliates.
Occasionally, we provide our postal mailing list (consisting of customer names and postal mailing addresses, but not email addresses) to other companies whose products we believe may be of interest to you. In order to determine those products that we believe may be of interest to you, the information that you give us and information about your order may be combined with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources.
We may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.
We reserve the right to disclose information in order to comply with a subpoena, court order, administrative or governmental order, or any other requirement of law, or when we, in our sole discretion, believe it is necessary in order to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk reduction.
If you use a bulletin board, chat room or any other publicly accessible area of the Site, you should be aware that any personally identifiable information you submit there can be read, collected or used by any person for any purpose. We are not responsible for the personally identifiable or other information you choose to submit in these forums.
You will receive notice when your personally identifiable information might be provided to any third party for any reason other than as set forth in this Privacy Policy, and you will have an opportunity to request that we not share such information.
We use non-personally identifiable information in the aggregate, so that we can improve the Site and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.
How We Protect Your Information
We are committed to protecting the information we receive from you. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.
The Site encrypts your credit card number and other personal information using secure socket layer (SSL) technology to provide for the secure transmission of the information from your PC to our servers. In addition, only those employees and third parties who need access to your information in order to perform their duties are allowed such access.
Accessing and Updating Your Personal Information and Preferences
If you are a registered user, you may access and update your registration information and your preferences to receive email or other communications from us by sending an email to hello@onlinebusinessasia.com. Please note that your friends and contacts may still choose to send email invitations to you. Any user who receives an email invitation to join the Site may choose not to receive such invitations in the future by following the instructions in the email invitations and, in addition, if you are a member, you may also choose not to receive such invitations by changing your preferences as indicated above. In addition, you may update or change your personal information or preferences by sending email to hello@onlinebusinessasia.com. We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to ten business days as we process your request.
While we make efforts to accommodate requests to restrict our use of your information, we reserve the right to delete all or any portion of customer information if we are not able to reasonably accommodate a requested restriction.
Children’s Privacy and Parental Controls
We do not solicit any personal information from children. If you are not 18 or older, you are not authorized to use the Site. Parents should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.
Privacy Policy Changes
If we decide to change our Privacy Policy for the Site, we will post the revised Privacy Policy here so that you will always know what information we gather, how we might use that information and whether we may disclose it to anyone. Your continued use of the Site indicates your assent to the Privacy Policy as posted.
If you have any questions about this Privacy Policy, please contact us at hello@onlinebusinessasia.com
Last Updated: 30th November 2015
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