Released/Updated on: 14/10/2020
We welcome your use of POIZON software and services!
This Agreement is signed online between you (“user”) and POIZON (Hong Kong) Limited and its affiliates (“POIZON” or “We") with regard to the provision and use of POIZON software and services (or “POIZON”).
Although “minor” is defined differently under local laws and customs, we consider anyone under the age of 18 as a minor. If you are under the age of 18, you should register, use this software and read this Agreement in the company of your legal guardian.
Basic stipulations and special tips:
1. We hereby bring the following to your special attention: This Agreement will be legally binding on your use of this software. You promise and guarantee that you have the right and ability to enter into this Agreement. Before you register with us as a user, please read this User Service Agreement (the “Agreement”) carefully, especially the exemption or limitation clause, privacy policy, instructions to registered buyers, instructions to registered sellers, governing law and dispute resolution clause (including jurisdiction clause) and other clauses highlighted in bold. Please be sure to read them carefully.
2. Filling in the information, reading and agreeing to the Agreement and completing all registration or login procedures according to the prompts on the registration or login page will make you deemed to have fully read, understood and accepted all contents of the Agreement and reached a consensus with POIZON on the Agreement to become a POIZON user. If you do not agree to the Agreement or any of its terms when reading the Agreement, please stop registration or login immediately.
3. You hereby undertake and warrant that you shall have the capacity for civil conduct appropriate to your behavior required by the laws of Hong Kong and reach the age of 18 when completing the registration procedures and actually using our services. If you do not have the aforesaid capacity for civil conduct, you should ensure that you have obtained the prior consent of your guardian for any of your behavior on POIZON, and you and your guardian shall bear all consequences arising therefrom.
4. Service form: POIZON platform currently only includes POIZON APP. In the future, we may provide (including but not limited to) PC website, applet, WeChat official account and other forms, which are subject to the service function interface released by us in real time.
5. Scope of Agreement: Given the uncertainty of Internet services and frequent iterative update of products, to define the rights and obligations between you and us in a more comprehensive way, this Agreement incorporates other policies, rules, instructions and announcements we develop in accordance with laws and regulations and this Agreement. In case of any inconsistency or contradiction in the content, the terms of the Agreement specifically applicable to a certain business scenario shall prevail.
6. Modification and update: The Agreement may be updated or altered by POIZON from time to time in response to the changes of national laws and regulations or for the needs of POIZON operation. In the event of any update or alteration of the Agreement, new terms will immediately replace the original ones, and you will be informed of the update or alteration. You can check the latest version of the Agreement at any time. In case that you do not accept the updated or altered Agreement, please immediately stop using the services provided by us. You will be deemed to have accepted the updated or altered Agreement if continuing to use the services provided by POIZON.
7. Intended purpose: This software grants users a personal, non-transferable license that may not be lent and gifted to use it for non-commercial purpose free of change (except for service charge otherwise stated in this agreement and resources separately charged in this software).
I. Service Description
1. POIZON is an online business platform developed, operated and managed by POIZON (Hong Kong) Limited which offers a site for users (including individual sellers, individual buyers, and users who only use the product inspection and identification services provided by us) to sell or buy personal unused products; POIZON only provides technical services for users to display item/service information on POIZON, find transaction counterparts and complete the commodity transaction, and cooperates with third-party inspection and identification service providers to provide users with product inspection and identification services. POIZON plays a role in facilitating purchase transactions between individual sellers and individual buyers, while actual commodity transaction contracts are only concluded directly between individual sellers and individual buyers. Therefore, POIZON is not an entity selling or buying commodities.
2. POIZON mainly provides the following services:
(1) Facilitate commodity trading services. We provide an online business site for you to sell goods, that is, POIZON builds an e-commerce platform by virtue of its technical capacities for individual sellers to release goods information and individual buyers to buy products, and charges individual sellers a platform service fee at the rates stated on the pricing page.
(2) Inspection and identification services. POIZON employs third-party service providers to provide inspection and identification services for the goods you sell or submit online. Third-party inspection and identification service providers provide users with inspection services for trading items relying on years of industry experience and credibility in inspection and identification of commodities (including shoes, clothing, bags, accessories, watches). Please note that you can also use our identification service alone when you are not selling or buying anything.
(3) For other services, see POIZON client.
3. You know and understand the transaction mode of POIZON:
(1) POIZON adopts the e-commerce transaction mode of competitive pricing, under which individual sellers offers a price for the same product of the same model and specification, and POIZON displays the lowest-priced products which are sorted by the individual seller’s price from low to high in real time for buyers to buy.
(2) The commodity price is set by the seller, not by us. The commodity price may fluctuate greatly depending on the market rules, so it may be higher than the retail price. If you are an individual buyer, you should be clearly aware and understand that all sales are final sales, once the product you buy has passed our inspection, and is confirmed and delivered. Please place an order at your discretion based on your own decision-making model. POIZON does not support individual buyers’ claim for returns or refunds, refunding or making additional payment for the difference due to market price fluctuation from individual sellers and/or POIZON.
4. You should understand that subject to the limitation of our existing service and operating capabilities, POIZON services are currently not made available to residents of the European Union (including the EU Economic Area and the UK), and if you are identified by our system as an EU resident, you may be prevented from accessing our services.
5. Since POIZON APP is now only available in Hong Kong, we will ask you to fill in the physical address for delivery of commodities/receiving returned items in Hong Kong. If you cannot provide a true and accurate address in Hong Kong that meet our requirements as an individual buyer, we may not be able to send you the goods successfully.
6. Unless otherwise expressly stated herein, POIZON has the right to improve existing functions or develop new functions, including launching any new service on POIZON.
II. Account Registration, Use and Security
1. You shall ensure that the information you provide when registering and using our services is true, legal and valid. If you provide any information which is illegal, invalid, false, infringing, immoral or otherwise deemed inappropriate by POIZON, or any information you provide is reasonably deemed as a malicious program or operation, POIZON has the right to freeze or close your account, cancel your order, reject your current and future use of all or any part of our services, or take any other reasonable measures. In case of any losses incurred to POIZON, you shall be liable for compensation.
2. To sell goods on POIZON as an individual seller, you need to bind your PayPal account to POIZON for you to receive transaction payments.
3. After completing the registration procedures, you will obtain the right to use a POIZON account. The right belongs to you only, and cannot be borrowed, leased, transferred or sold. You are forbidden to maliciously register, improperly register or improperly use a POIZON account; otherwise, POIZON has the right to directly take all necessary measures to revoke all of your rights and interests in POIZON, including but not limited to deleting published contents, suspending, closing or freezing your account, cancelling your order, stopping the services to you, deleting your user information, withdrawing your account and pursuing your responsibility through litigation.
4. You have to set and safeguard your user name and password. In case of any loss or damage incurred to you or a third party due to your failure to properly keep your account and password, POIZON cannot and will not bear any legal liability. You shall seek compensation from the infringer through judicial, administrative or other remedies, and assume the legal liability to the third party. POIZON will provide necessary support and assistance at the request of competent administrative or judicial authorities.
5. You shall take full responsibility for all actions and consequences under your account, including but not limited to publishing information, purchasing/selling goods or services and signing agreements online.
6. In case of unauthorized use or any other security issue of your account, please notify POIZON immediately. POIZON will assume no legal liability for the further loss incurred in the process of handling, except for any legal fault of POIZON.
7. You shall not develop/use an application by yourself or through a third party to hack POIZON for batch data capture or download. POIZON explicitly prohibits data capture. If you are proved to have such behavior, POIZON has right to close your account, detain all your funds, and require you to compensate for POIZON’s losses arising therefrom.
III. Instructions for Use of POIZON Services
1. You promise that the commodities traded through POIZON shall meet the requirements for personal and property safety and environmental protection. No commodities prohibited by laws and administrative regulations can be traded. In case of any violation of this provision by you, POIZON has the right to freeze or close your account, cancel your order, reject your current and future use of all or any part of our services or take any other reasonable measures, and report to competent authorities. In case of any losses incurred to POIZON, you shall be liable for compensation.
2. You should clearly and accurately fill in the delivery information, including the address for delivery of commodities/receiving returned items, contact person and contact information in Hong Kong. The user knows and acknowledges that if the product purchased by an individual buyer, or the product sold by an individual seller fails to pass the inspection or the transaction is cancelled, the commodity will be sent back/returned to your address for return, and accepted by your contact person after authentication. The losses caused by any change of your contact person or related delivery information shall be borne by you.
3. If you are an individual seller, POIZON will make the payment to you through Hyperwallet. You must comply with Hyperwallet related service requirements in using Hyperwallet payment services. For details, see Hyperwallet Terms of Service. If you are an individual buyer, you can make the payment to individual sellers through a payment method of your own choice that is supported by POIZON. You must comply with the relevant service regulations of third-party payment service providers in using the third-party payment services.
4. Given the fact that the products sold by individual sellers on POIZON are personal unused items, the sellers sell only one item of the same model and specification in most cases. Therefore, neither the seller nor POIZON supports any request for exchanges, and unless for product quality problems, the seller and POIZON will not support the return service, but the buyer can resell the item on POIZON in the capacity of a seller. Please read POIZON’s Instructions to Registered Buyers for specific rules on returns.
5. POIZON hopes that each user abides by the spirit of contract. Once any commodity you sell is ordered, a sales contract will be deemed to have been concluded, and you have no right to cancel the order without permission. If you cancel an order in violation of the Agreement, such as rejection, failure in on-time delivery or recalling after delivery, POIZON will deal with you in accordance with our rules. Please read POIZON’s Instructions to Registered Sellers, POIZON’s Instructions to Registered Buyers and other agreements and rules for the detailed rules of trading.
6. Inspection services and sending.
(1) As part of the purchase transaction, individual sellers send goods to the designated receiving address on POIZON, and POIZON will cooperate with third-party inspection service providers (such as inspection and identification expert) to provide users with product inspection services. At present, such inspection service will be delivered through online inspection of product images. You should understand that the third-party inspection service provider may sometimes be unable to fully determine the authenticity of the product, but the third-party inspection service provider and we will use commercially reasonable efforts to confirm its authenticity. If the third-party inspection service provider determines that the product is genuine, POIZON will send it to the individual buyer. If the third-party inspection service provider determines that the product is not genuine, or cannot reasonably determine its authenticity, POIZON will notify the individual buyer and individual seller that the product has failed the inspection and refund the payment to the individual seller. Furthermore, POIZON has the right to reject any goods for any reason, including but not limited to counterfeit and inferior products, damaged products or packaging.
(2) POIZON requires individual sellers to deliver the goods within the period specified in the sales confirmation email after purchase. However, as POIZON cannot control the time required for the goods to reach POIZON, we cannot guarantee a specific delivery time for any goods. We will update the information on the page in time so that you are informed of the transaction progress.
(3) If the product has been dispatched from the individual seller within the period as agreed by the individual seller, the individual buyer is not allowed to cancel the order. In any case, if the user does not receive any product, please report the problem to POIZON immediately.
(4) POIZON has the right to decide whether to accept the return or other refund requests according to the terms agreed herein, and may collect expenses in proportion to the freight, packaging and inspection losses caused by the failure of individual sellers in delivery or cancellation of the orders by individual buyers without authorization for their reasons.
7. The individual buyer should carefully inspect the goods when signing for receipt of the same. If the goods (including parts) are found to be damaged, destroyed or missing, please offer clear photos and order number to POIZON Customer Service for help immediately, contact us within 14 days of receipt. The goods shall be returned intact in its original packaging together with the authentication certificate and anti-counterfeiting buckle, and the removal of the anti-counterfeiting buckle will be regarded as the individual buyer’s acceptance of the goods. If the products returned by an individual buyer without contacting the customer service within the specified period or for the buyer’s claim of quality problems do not have the quality problems described by the buyer or the products meet the normal quality conditions described in POIZON’s Instructions to Registered Buyers, POIZON will not accept the individual buyer’s request for return.
8. Due to the high value of the goods, you are required to deliver the goods to POIZON through a courier/logistics company designated by POIZON and reinforce the outer package of the goods. POIZON has the right to reject the goods which are delivered by a non-designated courier company or with freight collect, fail to pass the quality inspection or have damaged packages or inconsistent waybill number and order number. In case of cancellation of order, return of goods or other consequences arising therefrom, POIZON will bear no responsibility.
9. POIZON has been committed to combating counterfeit and inferior goods. For this purpose, POIZON provides its users with product inspection services relying on the third-party inspection service resources to our advantage. In case of any error in the inspection service rendered by the third-party inspection service provider entrusted by POIZON, POIZON will assume compensation liability therefor. As POIZON is not an entity selling commodities, our assumption of such liability shall not be regarded as the assumption of compensation liability for sales of counterfeit products on POIZON.
10. You are forbidden to obtain unlawful benefits by click farm or cash-out using platform vulnerabilities. Once you are found to have any such behavior, POIZON has the right to take actions, including but not limited to closing the order concerned, banning your account and detaining the security deposit and account balance, and in serious cases, transfer the cases to the judiciary authorities.
IV. Charges
1. If you are an individual seller, POIZON has the right to require a pre-authorized security deposit of a certain amount as a guarantee for your strict performance and protection of the legitimate rights and interests of POIZON App. You agree to authorize POIZON to dispose of the security deposit according to relevant agreements and rules.
2. If you are an individual seller, POIZON will charge you a service fee for orders that are traded successfully. See POIZON’s Instructions to Registered Sellers for specific rate standards.
3. In case of cancellation/closing of the order for the individual seller’s personal reasons (including but not limited to failure to pass the product inspection, product quality problems) and other circumstances, causing POIZON to send back the products to the individual seller, the individual seller shall bear the commodity inspection service fee and packaging service fee among others (i.e. POIZON Service Charge), as well as the cost for express and logistics services incurred by the return, and POIZON is entitled to make a deduction directly from your security deposit accordingly. See POIZON’s Instructions to Registered Sellers for specific rate standards.
4. In case of transaction failure due to a return request made by the individual buyer for personal reasons after receipt, given that POIZON and its third-party inspection service provider have provided the individual buyer with inspection services, the individual buyer shall bear the commodity inspection service fee and packaging service fee among others (“POIZON Service Charge”), as well as the cost for express and logistics services and other costs incurred by the return, and POIZON is entitled to make a deduction directly from the refund accordingly. See POIZON’s Instructions to Registered Buyers for specific rate standards.
5. You are clearly aware and agree that the following expenses may also be incurred:
(1) You shall bear the freight for your products, including but not limited to the international transport charge for delivery/return of the commodities to designated receiving address on POIZON, all customs, duties, taxes and any other related expenses. Meanwhile, you will be fully responsible for complying with the specific requirements of import customs for various approvals and customs clearance.
(2) When you use third-party payment service, the third-party payment service agency may charge you a certain amount of service fee, which will be borne by you.
(3) When you access and use our products and services, third-party operating service providers may charge you network fee, traffic fee, telephone fees or other fees, which will be borne by you.
V. Content Standards for Users
1. The contents mentioned in this clause refer to any content produced, uploaded, copied, published or disseminated by you when using the services hereunder, including but not limited to account headshot and name, messages and related link pages sent, replied or automatically replied by text, audio, picture, video or image-text, as well as other contents generated due to use of the account or services hereunder.
2. You shall ensure that all the contents you publish on POIZON are original or have effective and complete authorization, and will not infringe upon any subject’s personal and property rights such as right of portrait and right of reputation, and other legal rights and interests such as intellectual property rights; otherwise, you shall bear any losses and responsibilities arising therefrom. Meanwhile, POIZON has the right to delete or block unsatisfactory contents without further notice.
3. You shall ensure that no information (including but not limited to personal information, commodity information, comments and actions or events) submitted, produced, uploaded, copied, published or disseminated on POIZON contains any content:
(1) Opposing the basic principles set forth in the Constitution of the People’s Republic of China;
(2) Endangering national security, divulging state secrets, overthrowing state power, or undermining national unity;
(3) Damaging national honor or interests;
(4) Inciting ethnic hatred or ethnic discrimination, or undermining national harmony;
(5) Damaging national religious policies, or promoting heresy or feudal superstition;
(6) Spreading rumors, disturbing the social order or destroying social stability;
(7) Promoting obscenity, pornography, gambling, violence, murder or terror, or abetting crimes;
(8) Insulting or defaming others, or damaging others’ legal interests;
(9) Prohibited by laws or administrative regulations.
4. You shall not make, upload, copy, publish or disseminate any following content which interferes with the normal operation of POIZON or infringes upon the legitimate rights and interest of any other user or third party, by using a POIZON account or the services hereunder:
(1) Any sexually suggestive content;
(2) Any abusive or threatening content;
(3) Any harassing, malicious or fraudulent information or any spam;
(4) Any private or personal information or data;
(5) Any content infringing upon any other’s right of reputation, right of portrait, intellectual property rights, trade secrets or other legal rights;
(6) Any other content interfering with the normal operation of POIZON or infringing upon the legitimate rights and interests of any other user or third party.
5. Once you are found to have breached any of the above provisions, POIZON has the right to delete or otherwise process unsatisfactory contents immediately, and if necessary, freeze or ban your account.
VI. Code of Conduct and Rules of Use for Users
1. This software may require you to have a compatible terminal device and operating system, otherwise it may affect the stable compatibility of the software and service. The content and functions of the software may be different or subject to changes depending on the brand, model and operating system of the terminal you are using. The client software is available at POIZON website (hk.poizon.com) or from a third party authorized by POIZON. POIZON cannot ensure the security, compatibility, or normal use of, and will not bear the losses (such as file damage or loss) incurred by, any client software or any installation program with the same name as POIZON’s client software obtained from a third party not authorized by POIZON.
2. No content transmitted or published by you in or through the services hereunder will reflect or represent, or will be deemed to reflect or represent POIZON’s views, positions or policies. POIZON will assume no responsibility for such content.
3. You are forbidden to commit any of the following acts by using a POIZON account or the services hereunder:
(1) Submit or publish any false information, use any other’s headshot or data without permission, or impersonate any other person;
(2) Force or induce other users to follow or click any link page or shared information;
(3) Fabricate or conceal facts to mislead or deceive others;
(4) Create false accounts in batch by technical means;
(5) Engage in any illegal or criminal activity by using a POIZON account or the services hereunder;
(6) Make, publish, operate or spread any method or tool related to the above behaviors, whether or not for commercial purposes;
(7) Other acts that violate laws and regulations, infringe on the legitimate rights and interests of any other user, interfere with the normal operation of POIZON or are not expressly authorized by POIZON.
4. You shall be solely responsible for the authenticity, legality, innocuity, accuracy and effectiveness of the information transmitted through a POIZON account or the services hereunder. Any legal liability related to the information transmitted by you shall be borne by you, irrelevant to POIZON. In case of any damage incurred to POIZON or any third party due to the information transmitted by you, you shall make compensation according to law.
5. The services provided by POIZON may contain ads. You allow the ads of POIZON or any of its third-party suppliers or partners to be displayed in your use of the services hereunder. Unless otherwise provided by laws and regulations, you shall be responsible for the transactions conducted on the basis of such ads. POIZON will bear no liability for the losses or damages incurred by the transactions conducted on the basis of such ads or the contents provided by the advertisers.
VII. Provider’s Responsibilities
1. In accordance with relevant laws and regulations, POIZON hereby reminds that the texts, photos, graphics, videos, information and other data (hereinafter collectively referred to as “contents”) published or uploaded through the services hereunder, whether in public or in private, shall be the responsibility of the content provider.
2. POIZON provides content storage space for you only, and cannot control the contents transmitted through the services hereunder. Thus, POIZON is not responsible for the correctness, integrity or quality of any content. You have known that unpleasant, inappropriate or offensive contents may be found when you use the services hereunder. Under no circumstances shall POIZON be responsible for any content. However, POIZON has the right to stop the transmission of such content and take reasonable actions, including but not limited to suspending the use of all or any part of the services hereunder, maintaining relevant records and reporting to relevant authorities.
VIII. Data Storage
1. POIZON is not responsible for the deletion or storage failure of relevant data in your use of the services hereunder.
2. The data and information collected or generated by POIZON’s business in Hong Kong, China are stored on the server in Hong Kong, China.
3. POIZON will store commodity and service information and transaction information. In addition, POIZON can, at its discretion, determine the maximum storage period of your data generated from your use of the service hereunder in accordance with law (Except as otherwise required by law, we will retain your personal information only in the period necessary for the purposes stated in the service. When the retention period for your personal information has elapsed, we will delete your personal information or make it anonymous as prescribed by applicable laws), and allocate the maximum data storage space for you on the server.
IX. Risk Taking
1. In accordance with the Agreement, POIZON will provide services to users “as is” and “as available”, and make its best efforts to take appropriate security measures based on the existing technologies to ensure the safe and normal operation of its services. POIZON makes no representation or warranty in relation to the effectiveness, accuracy, reliability, quality, stability, integrity and timeliness of its technologies and information, and no express or implied guarantee for its services with respect to the applicability, exclusion of errors and omissions, continuity, accuracy, reliability, fitness for a specific purpose, etc.
2. You understand and agree that you must be responsible for all actions under your registered account and all consequences arising therefrom, including but not limited to sharing, transmitting and obtaining information and conducing commodity transactions on POIZON. Besides, you shall decide all actions under your registered account in your use of POIZON, and bear all risks and responsibilities arising therefrom, including but not limited to the risks caused by reliance on correctness, completeness or practicability. POIZON cannot and will not bear any loss or damage caused by your actions.
If finding, or receiving any report or complaint on, your breach of the Agreement, improper use of the services hereunder or suspected or actual malicious acts, POIZON has the right to delete and block the contents concerned at any time without notice, and according to the severity, take appropriate measures including but not limited to warning, restricting or prohibiting the use of all or any functions, and blocking or closing your account.
3. POIZON has the right to take appropriate legal actions against violations of relevant laws and regulations or the provisions of the Agreement based on reasonable judgment, and to keep relevant information according to law and report the same to relevant authorities. All legal responsibilities arising therefrom shall be borne by users.
4. You understand and agree that for the needs of business development, POIZON reserves the right to unilaterally change, suspend, terminate or cancel all or part of the services hereunder, with such change, suspension, termination or cancellation announced on POIZON.
5. POIZON is only an e-commerce platform for releasing information of and trading idle goods. It creates a platform for goods/service information display and transaction matchmaking and provides goods/service inspection services for the transactions between users. Unless otherwise agreed by POIZON, POIZON will not participate in any trading activity as either buyer or seller, and POIZON will not be responsible for users’ transaction performance. The signing of the Agreement does not mean that POIZON makes any express or implied warranty or promise for the legality and validity of the behaviors of trading parties.
X. Statement on Intellectual Property Rights
1. Unless otherwise agreed, the ownership, intellectual property rights and other legal rights of all contents you publish on POIZON shall belong to you or your licensor. You agree or ensure that the right owner agrees:
(1) To grant POIZON a worldwide, royalty-free, non-exclusive and transferrable license to use any content (including but not limited to text, audio, picture, video, and image-text) you transmit or publish in or through the services hereunder (the scope of application includes current and other websites, applications, products, terminal equipment, etc.), and authorize POIZON to modify, copy, adapt, translate, assemble, or make derivatives of, corresponding contents.
(2) To authorize POIZON to take actions by itself or through a third party against infringement upon the intellectual property rights of the contents you publish.
2. Unless otherwise expressly stated, the copyrights, patents and other intellectual property rights of the software based on which the services hereunder are provided shall belong to POIZON.
3. The copyrights and trademark rights of the graphics, characters and their components involved in the services hereunder, as well as POIZON’s logos and product and service names (hereinafter referred to as “POIZON Logo”) shall belong to POIZON. Without the prior written consent of POIZON, you shall neither display, use or otherwise dispose of POIZON Logo in any way, nor claim the right to display, use or otherwise dispose of POIZON Logo.
4. The above intellectual property rights and other intellectual property rights owned by POIZON or relevant advertisers are protected by law. Without the written approval of POIZON or relevant advertisers, you shall not use, or create derivatives of, the same in any form.
XI. Legal Liability
1. If finding, or receiving any report or complaint on, your breach of the Agreement, POIZON has the right to check and delete the contents concerned (including but not limited to user data, logs and transaction records) at any time without notice, and according to the severity, impose penalties including but not limited to warning, closing your account, banning your equipment or any function, deleting or blocking published information, and stopping the services to you.
2. An account banned for breach of the Agreement or POIZON’s rules will not be automatically un-banned. In this case, an appeal may be submitted to POIZON. POIZON will review the appeal and reasonably decide whether to change the penalties.
3. You understand and agree that POIZON has the right to impose penalties against violations of relevant laws and regulations or the provisions of the Agreement and take appropriate legal actions against violation of laws and regulations based on reasonable judgment, and to keep relevant information according to law and report the same to relevant authorities. All legal responsibilities arising therefrom shall be borne by users.
4. You understand and agree that you shall indemnify and hold harmless POIZON and its partners from and against all third-party claims, requests and losses incurred by your breach of the Agreement, including but not limited to reasonable attorney fees and legal fees/arbitration fees.
XII. Force Majeure and Other Exemptions
1. You understand and acknowledge that in your use of the services hereunder, there may be force majeure or other risk factors which interrupt the services hereunder. Force majeure refers to unforeseeable, unavoidable and insurmountable objective events that have a significant impact on either party or both parties, including but not limited to natural disasters such as flood, earthquake, epidemic and storm, as well as social events such as war, turmoil and act of government. Once a force majeure event occurs, POIZON will endeavor to make timely repair in cooperation with relevant authorities. To the extent permitted by law, POIZON and its partners will be exempted from the liability for the losses incurred to users and third parties by a force majeure event.
2. Like most Internet services, the services hereunder are affected by such factors as users, network service quality and social environment, and may suffer from various security problems, for example, user data is stolen, which results in harassment in real life; any other software downloaded and installed by users or any other website visited by users contains viruses such as “Trojan Horse”, which threatens the security of users’ computer information and data and then adversely affects the normal use of the services hereunder. Users shall strength the awareness of protecting information security and user data and improve password protection to avoid losses and harassment.
3. You understand and acknowledge that the services hereunder may be interrupted or unable to meet users’ requirements due to force majeure, computer virus or hacker attack, system instability, user location, user equipment shutdown or any other reason related to technology, Internet or communication line. To the extent permitted by law, POIZON will be exempted from the liability for the losses of users and third parties arising therefrom.
4. You understand and acknowledge that there may be misleading, deceptive, threatening, defamatory, offensive or illegal information from others, anonymous or false information that infringes upon others’ rights, and behaviors accompanying such information in use of the services hereunder. POIZON will be exempted from the liability for the losses of users and third parties arising therefrom.
5. You understand and acknowledge that POIZON needs to overhaul or maintain the platform or related equipment regularly or irregularly. In case of interruption of the services in a reasonable time frame due to such overhaul or maintenance, POIZON will assume no liability, provided that a prior announcement is required.
6. POIZON has the right to take actions against violation of laws and regulations or the provisions of the Agreement. However, this right shall not constitute an obligation or commitment of POIZON to discover and take timely actions against such violations.
7. Under no circumstances shall POIZON be liable for any indirect, consequential, punitive, incidental, special or exemplary damages, including the loss of profits arising from use of POIZON or the services hereunder, even if POIZON has been informed of the possibility of such loss. Notwithstanding any contrary provision set forth herein, POIZON’s entire responsibility for you, regardless of the reasons and actions, shall not exceed the fee (if any) you pay for the services provided by POIZON.
XIII. Change, Suspension and Termination of Services
1. In view of the particularity of network services, you agree that POIZON has the right to change, suspend or terminate all or any part of its services (including paid services). In this case, POIZON shall notify you in advance, and provide you with equivalent alternative services. You can stop using the services provided by POIZON if you are unwilling to accept the alternative services.
2. POIZON has the right to change, suspend or terminate all or any free or paid services provided to you without bearing any liability to you or any third party in any of the following circumstances:
(1) The personal information you provide is untrue, or is inconsistent with the registration information without reasonable proof;
(2) You violate relevant laws and regulations or the provisions of the Agreement;
(3) Such change, suspension or termination is required by laws or competent authorities;
(4) Such change, suspension or termination is needed for security reasons or in other necessary circumstances.
XIV. Miscellaneous
1. Governing law and dispute resolution. The effectiveness, interpretation and settlement of disputes of the Agreement shall be governed by the law of Hong Kong, especially the Sale of Goods Ordinance. Any dispute between you and POIZON shall be first settled through friendly negotiation. In case no settlement can be reached, the Parties agree to submit the dispute to Hong Kong Arbitration Center of China International Economic and Trade Arbitration Commission for arbitration in accordance with the arbitration rules then in force. The arbitration shall be conducted in Chinese in Hong Kong, and the arbitral award shall be final and legally binding upon the Parties.
2. No waiver. If you have violated this User Service Agreement, but we do not take any action against you, we are entitled to exercise our rights as agreed herein and take remedial actions in any other situation where you violate this User Service Agreement.
3. Relationship between POIZON and Users. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and POIZON. You agree that you will not act as a representative of POIZON, or an agent or employee of POIZON, and we will not be liable for any of your statements, action or inaction.
4. POIZON solemnly reminds you to pay attention to clauses herein that exempt POIZON from liability and limit your rights, as well as other terms marked in bold. Please be sure to read and understand them carefully. If you click the “register” or “login” button, you will be deemed to have fully accepted the Agreement. Please confirm that you have known and fully understood all provisions of the Agreement again before clicking the “register” or “login” button.
5. In case any provision hereof is or becomes invalid or unenforceable for any reason, other provisions shall remain valid and binding upon the parties.
6. If you have any question about the content of the Agreement, please contact POIZON customer service personnel at customer@poizon.com.