terms & conditions - general
|Click on the links below to jump to each section:|
By accessing or using the site and services, or by posting any member content, you acknowledge that you have read, understood and agreed to be bound by the Terms. Visio reserves all the rights, all at its sole discretion, to modify, discontinue or terminate the site or services or to modify these Terms, at any time without prior notice.
giftboox only acts as a bridging platform to allow users who're willing to comply with all the giftboox's policies to offer, sell and purchase certain goods within a fixed-price format. giftboox is not actually and directly involved in the transaction between buyers and sellers. As a result, giftboox has no control over the quality, safety, morality or legality of any aspect of the items practically showing the whole truth or accuracy of the listings, also the ability of sellers to sell items or the ability of buyers to pay for items. giftboox does not pre-screen users (except for those services that require an application) or contents or information provided by users. giftboox cannot ensure that a buyer or shop owner will actually complete a transaction.
Consequently, giftboox does not bear any legal liability in transfer legal ownership of items from the shop owner to the buyer.
giftboox cannot guarantee the true identity, age, and nationality of a user. giftboox encourages you to communicate directly with potential transaction partners through the tools available on the site. You may also be hoped to consider using a third-party escrow service or services that provide additional user verification.
You agree that giftboox is a virtual space and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on giftboox. You should use the giftboox's service at your own risk.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
This site is open to public, however you will need to register an account to access some of the Services, such as placing order. In registering an account, you agree to provide information about yourself that must be true, accurate & complete and no misleading in all aspects. In using this site, you agree to accept responsibility for keeping your account and password secure and confidential. If you suspect that the security of your account has been compromised or if there is any unauthorized use of your account, please contact us immediately at firstname.lastname@example.org. In no event or under no circumstance shall we be responsible or liable for any unauthorized use of your account by any other person.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify giftboox of any unauthorized use of your password or any breach of security. You also agree that giftboox cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than giftboox without giftboox's express written permission.
You may not transfer or sell your giftboox account to another party. You are responsible for all activities of the account. If you are registering as a shop owner, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service
Because giftboox lists many products for sale on the site and hosts many comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, giftboox operates on a "notice and takedown" basis. If you believe that any content on or advertised for sale on, the site contains a defamatory statement, please notify us immediately by following our Notify Visio Limited of Defamatory Content link. Once this procedure has been followed, Visio Limited will make all reasonable endeavors to remove the defamatory content complained about within a reasonable time.
Please email to email@example.com
terms & conditions - customer
|Click on the links below to jump to each section:|
giftboox's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. giftboox may, in its sole discretion, refuse to offer access to or use of the site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use giftboox's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
You must keep your account information up-to-date and accurate at all times, including a valid email address. All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.
When you place order with us, you authorize giftboox to process a charge(s) on your credit card or PayPal account in the total purchase amount of your order. You also expressly authorize us to use personal information provided by you to perform appropriate anti-fraud checks such as credit checks and also to, where necessary, transmit or obtain information about you to or from third parties including, but not limited to, credit reference or fraud-prevention agencies, which may keep a record of that information. Please refer to our “Privacy” for further information about how we use your data.
The site is for your personal and non-commercial use only. You may not purchase goods from the site for reselling purposes or commercial exploitation.
You must agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by giftboox's policies as stated in the Agreement and the giftboox policy documents listed below (if applicable to your activities on or use of the site) as well as all other operating rules, policies and procedures that may be published from time to time on the site by giftboox. All terms are incorporated herein by reference and each of which may be updated by giftboox from time to time without notice to you.
We will endeavor to ensure that the Content and the Product Descriptions on the site are accurate and complete. However, we do not guarantee that the Content and Product Descriptions are accurate, complete, current or error-free. All products correspond to the written description only. Pictures of the products on the site are just for reference. You will not be entitled to return a product simply because it does not correspond exactly to its on-line picture.
All payments will be in Hong Kong dollars(HKD). If user's display currency is in a currency other than HK Dollars, the final payment will be converted to HK Dollars automatically by PayPal payment processing service.
We accept payments made by credit card via PayPal. By placing an order using this online payment method, you confirm that the credit card or PayPal used is yours or that you have been authorized by the owner to use it. If your card issuer refuses to authorize payment to giftboox, we will not be liable for any delay or non-delivery.
Our payment process meets the stringent international security standards set down by the payment card industry to make your shopping experience safe and secure. If you have registered an account on the site and have decided to save your card details with us, your details will be fully encrypted and solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of negligence on our parts, we will not be liable for any loss you may suffer if any third party procures unauthorized access to any data you provide when using our Services.
If you pay through PayPal, PayPal will provide automatic currency conversion based on the shop owner’s listing currency. Contact PayPal directly for more details regarding how they determine their currency conversion rates and fees.
Customer may choose to employ an exchange rate of their own credit card other than the exchange rate from PayPal. In this case, this currency rate (in which their own credit card is using) cannot be displayed while checking out.
Acceptance of Your Order
The sales contracts between you and giftboox are completed once you finished the payment process on the site. We shall send you an e-mail acknowledging the receipt of your order. In the meantime, you will also receive an e-mail to confirm the payment transaction is completed.
giftboox reserves its right not to accept an order for any reason at its sole discretion. Such reasons included but not limited to one of the following:
- The product you ordered is out of stock or due to the shipping restrictions applicable to one or all of the ordered items;
- We identify a pricing or product description error;
- We are unable to obtain authorization for payment;
- You do not meet the eligibility criteria to purchase as set out in this "Terms of Services". Our customer service team will contact you as soon as possible if there are any problems with your order.
Processing and Shipping
You will be given an indication of the processing time (if necessary) and expected delivery time when you place your order online. We will try our best to meet these estimates but cannot guarantee that such expectation can be satisfied.
Tax and Risk of Loss
When ordering from giftboox, you're responsible for assuring the product can be lawfully imported to the destination country. Customer should aware that VAT fee, customs fees, tariffs, duties, taxes, or brokerage fees (which may be charged upon delivery) are not included in the item price or shipping charge. The recipient of the shipment is responsible for all above mentioned fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and can't predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
With respect to each item for which Import Fees have been calculated, you authorize giftboox or shop owner to designate a Carrier ("Designated Carrier") to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit your actual Import Fees for such item.
These terms and conditions are in addition to the standard "Terms of Service" of the site. Pursuant to those terms, title and risk of loss for the items transfer to the recipient upon delivery to the common carrier in the destination country.
Please note that Merchants may have policies that differ from giftboox's Terms. For items you have purchased from a shop owner, please see the applicable shop's policies for any other terms and conditions that may apply to your purchase of such items.
All merchandise purchased from giftboox or shop owner is made pursuant to a shipment contract. This means that title and the risk of loss for such items pass to you upon our delivery to the carrier.
When ordering from giftboox, you're responsible for assuring the product can be lawfully imported to the destination country.
The recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of the Hong Kong may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and can't predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be stated in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from the site, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
Disclaimer and Liability Limit
In no event or under no circumstance shall giftboox, and (as applicable) giftboox's officers, directors, employees or giftboox's suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, giftboox's services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
To the full extent permissible by applicable law, giftboox disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. giftboox does not warrant that merchandise, information, content, materials, products (including software) or other services included on or otherwise made available to you for purchase through the site are free of harmful components. giftboox will not be liable for any damages of any kind arising from the use of any giftboox service, or from any merchandise, information, content, materials, products (including software) or other services included on or otherwise made available to you through any giftboox service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain country or city laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
giftboox does not control the Content provided by users that is made available on giftboox. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using giftboox, you agree to accept such risks and that giftboox (and giftboox's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on giftboox. Please use caution, common sense, and practice safe buying and selling when using giftboox.
giftboox is not responsible for the availability of outside websites or resources linked to or referenced on the site. giftboox does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that giftboox shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Disputes with giftboox
In the event a dispute arises between you and giftboox, please contact giftboox. All giftboox's products and services are following the standards set out in The Hong Kong Special Administrative Region Government - the Consumer Goods Safety Ordinance (Chapter 456) and the Toys and Children's Products Safety Ordinance (Chapter 424).
You and giftboox agree that any cause of action arising out of or related to the site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties
In the event a dispute arises between you and another user or a third party, giftboox encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and shop owner are unable to resolve a dispute resulting from a transaction that occurs on giftboox, its dispute is escalated for review and resolution by giftboox. giftboox provides its dispute resolution process for the benefit of users. giftboox does so in giftboox's sole discretion, and giftboox has no obligation to resolve disputes between users or between users and outside parties. To the extent that giftboox attempts to resolve a dispute, giftboox will do so in good faith based solely on giftboox's policies. giftboox will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release giftboox (and giftboox's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
giftboox's Intellectual Property
giftboox, and other giftboox graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Visio Limited in Hong Kong and/or other countries. giftboox's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, giftboox may, without notice, and without refunding any fees, delay or immediately remove Content, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the site, and take technical and legal steps to keep a user off the site and refuse to provide services to a user if any of the following apply:
giftboox reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on giftboox.
You agree to indemnify and hold giftboox and (as applicable) giftboox's parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Site Policies, Modification, and Severability
Please email to firstname.lastname@example.org
terms & conditions - bonus
All bonuses (giftcooin or coupon) are valid as a one-time use only. We unfortunately cannot credit bonuses back to your account once they’ve been used. All bonuses cannot be transferred to other user. All purchases paid with bonus are final sale and may not be returned. Terms of bonus are subject to change in the sole discretion of giftboox and may be altered without prior notice.
This Agreement contains the terms and conditions of your giftcooin or, giftcooin card, referred to hereafter collectively as the “giftcooin”, which is issued by giftboox.com.
Please read this Agreement carefully and keep it for your records. By purchasing, accepting or using giftcooin, you agree to be bound by this Agreement. “You” and "Your" means the person who has received the giftcooin.
giftcooin is an electronic token for purchasing in www.giftboox.com only. One giftcooin is equal to $8HK dollars (approximately 1USD). Currency exchange rate (from HKD to yours currency) is controlled by PayPal during purchase payment. It cannot exchange to physical currency of any country.
The giftcooin may be subject to deductions required by giftboox.com, including deductions, if any, resulting from the escheat of giftcooin funds under applicable giftboox.com governing unclaimed property. You may not add any funds to the giftcooin. Your ability to make purchases with the giftcooin will end when the giftcooin amount reaches zero.
You may use the giftcooin to purchase goods and services only from shops owner on www.giftboox.com that accept using giftcooin in checkout screen, as indicated in the shop itself under "e payment" section. giftcooin is limited to use not more than 50% of the total payment amount in each transaction.
You agree that a purchase made by you may not be authorized or settled by us unless it complies with this Agreement. The giftcooin may be canceled, repossessed, locked or revoked at any time without prior notice. You may not use the giftcooin to pay a seller fee bill or purchase additional giftcooin Cards. If you request refund or return any of the items purchased with giftcooin, the giftcooin discount or value may be subtracted from the return credit. And customer cannot request refund any giftcooin discount or value.
giftcooin card for new user
You just Sign Up with your received giftcooin card's email address. You can start using the reserved "giftcooin" for shopping. That's it.
And additional 2 giftcooin will be also added for new user.
giftcooin card for existing user
- Coupon is only available for purchase the products of issuing shop and cannot be used in other shop of giftboox.
- Coupon applies only to qualifying items displaying the coupon offer in "e payment" page of this site and not on products sold by third-party sellers.
- Coupon offer will not be valid until it is applied to the qualifying item.
- The promotion is limited to one coupon per customer.
- Coupon is not applicable to shipping cost and handling charges apply to purchase products.
- If you request refund or return any of the items purchased with a coupon, the coupon discount or value may be subtracted from the return credit. And customer cannot request refund any coupon discount or value.
- giftboox has no obligation for payment of any tax in conjunction with the distribution or use of any coupon.
- Consumer is required to pay any applicable tax related to the use of the coupon.
- Coupons are void if restricted or prohibited by law.
- Coupons are only valid for shop owner sending to specify customer via "send coupon" page of this site.
- All coupon discounts must be fully borne by the shop owner.
- If shop owner do not request the qualifying coupon codes added to shop when the coupon is in effect, the discount will not apply.
- Coupons are valid for a limited time only. giftboox reserves the right to modify or cancel coupons at any time.
Please email to email@example.com
terms & conditions - for shop
Click on the links below to jump to each section:
Shop Owner Eligibility
Shop owner has to be 18 years and older who can form legally binding contracts under applicable law. By signing up the shop owner membership, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
For example, minors are not allowed to use "the Services". To register, you must provide your real name, address, e-mail address and valid PayPal information. You represent and warrant that:
- if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for "the Services" within such country; and
- You have all requisite right, power and authority to enter into "the Terms" and perform your obligations hereunder.
If for any reason, giftboox, in its discretion, believes such information to be incorrect, it reserves the right, without provision of any notice to the Shop Owner, to suspend or revoke any and all licenses under this "Seller Agreement" or to refuse to provide "the Services" of "the Site" to the Shop Owner under "the Terms".
giftboox provides a platform for shop owners and buyers to complete transactions. giftboox is not involved in the actual transaction between shop owners and buyers and is not the agent of shop owners except for the limited purpose of processing payments and has no agency authority for any other purpose, and giftboox is not the agent of buyers for any purpose. As a shop owner, you may list any item on the site unless it is a prohibited item as defined in "the Terms", these Terms or otherwise prohibited by law. Without limitation, you may not list any item or link or post any related material that
(a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy);
(b) constitutes libel or slander or is otherwise defamatory; or
(c) is counterfeited, illegal, stolen, or fraudulent. It is up to the shop owner to accurately describe the item for sale. As a shop owner, you use "the site" and "the Services" at your own risk.
As the shop owner, you acknowledge that, by only providing you with the ability to publish, sell and distribute your own or third party products, services or content, "the Services" act only as passive conduits for the distribution and/or publishing of such products. giftboox has no obligation to you or any third party, and undertakes no responsibility, to review your sale, the products listed therein or any other content to determine whether any such product, service or content may incur liability to third parties. Notwithstanding anything to the contrary herein, if giftboox believes in its discretion that your sale or any products, services, content or other materials in the listing or on giftboox’s servers may create liability for giftboox or harm other users of "the Services", then you agree that giftboox may take any actions with respect to the content or materials or listing that giftboox believes are prudent or necessary to minimize or eliminate our potential liability or to protect other users of our Services.
Shop Owner Responsibilities
Shop owner is solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content of the sale posted to the site, including all descriptions of Merchandise and disclosure and warnings of product materials that are required to be disclosed by any applicable domestic and international laws, statutes, ordinances and/or regulations where the merchandise is offered for sale. If you have reason to believe that your sale is in violation of any law or the rights of any third party, you will promptly send notices to us using the functionality for contacting giftboox as provided on the site. Notwithstanding anything contained in the foregoing, if you breach any of this Terms, giftboox is entitled to suspend or terminate your sale(s) and/or any access to information or data related to your shop owner account.
When the order delivery have no tracking service, no "Shipping Receipt" as proof or customer's payment failure in shipping period, shop owner must be responsible for all loss of the order in shipping period.
In order to sell merchandise on the site, you must register your merchant information on the site. You must provide us true and accurate information when registering and must maintain and update that information as applicable. Shop Owner will not impersonate any person or use a name he or she is not legally authorized to use. Shop Owner authorizes us to verify his or her information (including any updated information), to obtain credit reports about Seller in order to approve Shop Owner for use of the site and to obtain an initial credit authorization from Shop Owner's PayPal account at time of registration.
Fees and Billing
Joining and setting up a shop on giftboox is free. giftboox charges fees for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. giftboox's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for giftboox's services are effective after giftboox provides you with at least fourteen (14) days' notice by posting the changes on the site. However, giftboox may choose to temporarily change the Fees Policy and the fees for giftboox's services for promotional events (for example, free listing days); such changes are effective when giftboox posts the temporary promotional event on the site. giftboox may, at giftboox's sole discretion, change some or all of giftboox's services at any time. In the event giftboox introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in HK Dollars (HKD).
In certain situations, including but not limited to a void or invalid transaction, giftboox may issue a credit for the applicable fees to a seller's billing statement.
You are responsible for paying all fees and applicable taxes associated with using giftboox. giftboox provides plans for both automatic and manual bill payment as outlined in giftboox’s Billing Policy. giftboox will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s fees and charges. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.
If giftboox terminates a listing or your account, if you close your account, or if the payment of your fees cannot be completed for any reason, you remain obligated to pay giftboox for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, please email to firstname.lastname@example.org
All listings on giftboox must be for sale. By listing an item on the site, you warrant that you and all aspects of the item comply with giftboox's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your giftboox shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Shop Individual Policies
All Shop owners are urged to outline shop policies for their giftboox shop. These policies may include, for example, shipping, returns, payment and selling policies. Shop owners must create reasonable policies in good faith and must abide by such policies. All shop individual policies must comply with giftboox's site-wide policies. Shop owners are responsible for enforcing their own reasonable shop policies. giftboox reserves the right to request that a shop owner modify a shop policy.
The price stated in each item listing description must be an accurate representation of the sale. Shop owners may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Shop owners may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding giftboox transaction fees, misrepresent the item's location, or use another user's account without permission.
You are solely responsible for your conduct and activities on and regarding to giftboox and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on giftboox.
You agree not to do any of the following, either directly or indirectly: post, upload, publish, submit, provide access to or transmit any Content that:
- Be false, inaccurate or misleading;
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
- Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, giftboox's Copyright and Intellectual Property Policy);
- Violate this Agreement, giftboox's Terms, any site policy or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Contain items that have been identified by HK Consumer Protection Legislations - Consumer Goods Safety Ordinance (Cap. 456 ) as hazardous to consumers and therefore subject to a recall: click HERE
- Contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Involve the transmission of any unsolicited commercial or bulk email (known as "spamming") and you shall not use your account as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid, Ponzi schemes or the like;
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including giftboox staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
- Promotes discrimination, bigotry, racism, hatred or harm against any individual or group;
- Be violent or threatening or promotes violence or actions that are threatening to any other person;
- Promotes illegal or harmful activities or substances;
- Interfere with a seller’s business or shop;
- Take any action that may undermine online reviews or feedback;
- Be obscene, vulgar, offensive or contain child pornography;
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Host images not part of a listing;
- Modify, adapt or hack giftboox or modify another website so as to falsely imply that it is associated with giftboox;
- Appear to create liability for giftboox or cause giftboox to lose (in whole or in part) the services of giftboox's ISPs or other suppliers;
- Use the site or site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Encourage or enable any other individual to do any of the foregoing.
Shop owner agrees not to publish, offer for sale, sell or otherwise distribute any of the following items on, through or connected with your sale:
- Blood, bodily fluids or body parts;
- Food items;
- Burglary tools;
- Counterfeit items;
- Illegal drugs and drug; paraphernalia;
- Fireworks, destructive devices and explosives;
- Identity documents, government documents, personal financial records or personal information (in any form, including mailing lists);
- Lottery tickets, sweepstakes entries or slot machines;
- Obscene material or child pornography;
- Offensive material or hate speech;
- Police badges or uniforms;
- Prescription drugs or devices;
- Prohibited services;
- Stocks or other securities;
- Stolen property; or
- Any product or service that is illegal or marketed or sold in such a way as to create liability for giftboox.
giftboox reserves the right, at any time and without prior notice, to remove or disable access to any site Content that giftboox, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the site, Applications or Services.
User Information License
By posting Content on giftboox, it is possible for an outside website or a third party to re-post that Content. You agree to hold giftboox harmless for any dispute concerning this use. If you choose to display your own giftboox-hosted image on another website, the image must provide a link back to its listing page on giftboox.
giftboox considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the site or otherwise (other than the Content and the tangible items sold on the site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and giftboox shall not be liable for the disclosure or use of such Material. If, at giftboox's request, any member sends Material to improve the site (for example through the Forums or to customer support), giftboox will also consider that Material to be non-confidential and non-proprietary and giftboox will not be liable for use or disclosure of the Material. Any communication by you to giftboox is subject to this Agreement. You hereby grant and agree to grant giftboox, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
You agree that it is the Shop Owner's responsibility to determine whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that giftboox is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction, except to the extent giftboox expressly agrees to collect taxes or other transaction-based charges in connection with a collection service made available by giftboox and used by Seller. "Seller Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
You shall comply with all applicable your domestic and international laws, statutes, ordinances and regulations regarding your use of the site and any giftboox service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any sales of items you make on the site (excluding any taxes on giftboox's net income).
The site and the services are provided on an "as is" basis. giftboox makes no other representations or no warranties of any kind, express or implied, including without limitation:
- The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
- That the site or the services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
- That you will sell any merchandise through the site or applications or that buyers will perform as promised;
- Any implied warranty arising from course of dealing or usage of trade;
- Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of giftboox.
- To the full extent permissible under applicable law, giftboox disclaims any and all such warranties.
Indemnity/Limitation of Liability
Indemnity and Defense
You will defend, indemnify and hold harmless giftboox and its affiliates (and their respective employees, directors, officers agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to:
(i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Terms; or
(ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
Limitation of Liability
giftboox will not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with this merchant agreement, the site, the services, the inability to use the services, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the services.
No Agency & Third-Party Beneficiary
You hereby appoint giftboox or any third party selected by us as your payment processing agent for the limited purpose of receiving Payment Transaction funds on your behalf. Except as provided in the preceding sentence, giftboox is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from "the Terms" is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to "the Terms". "The Terms" and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of giftboox, you, and relying Buyers or Shop Owners.
Please email to email@example.com