A.ACCEPTANCE OF THE TERMS
- You may not use the Services and may not accept the Terms if you are not of legal age (i.e., aged 18 years or above), or you are not permitted to receive any Services under applicable laws.
- To be a supplier, you must be a manufacturer who offers products including, but not limited to, home furnishing products, building materials, household hardware and building hardware (“Lesso Products”). You must also contact our Business Department at email@example.com for our approval to be a supplier. Once we have certified you as a supplier, you must register as a member (“Member”) on the Website to access and use the Services. For more information on registration of an account, please refer to “C. Member Accounts”.
- We reserve the right, without prior notice, to restrict your access to or use of certain Services or subject to other conditions that we may impose in our discretion. We may launch, change, upgrade, impose conditions to, suspend, or stop any Services without prior notice.
B.ACCESS TO AND USE OF WEBSITE
- As a condition of your access to and use of the Website or Services, you agree that you will comply with all applicable laws and regulations when using the Website or Services, and to use the Website or Services for your own private and internal purposes. You acknowledge that you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, images, graphics, video clips, sound and databases, etc available on or through the Website ( “Website Content”) for any purpose (other than for your own private and internal use).
- Systematic retrieval of Website Content from the Website to create or compile, directly or indirectly, a collection, compilation, database or without our written consent is prohibited. Use of any content or materials on the Website for any purpose not expressly permitted in the Terms is prohibited.
- We may allow you to access to content, products or services offered by third parties through hyperlinks or otherwise to such third parties’ websites. You are cautioned to read such websites’ terms and conditions and/or privacy policies before using the Website. You acknowledge that we have no control over such third parties’ websites, do not monitor such websites, and will not be responsible or liable to anyone for such websites, or any content, products or services made available on such websites.
- If you voluntarily post or submit any information on the Website (“User Content”) or providing any User Content to us (including but not limited to, information about your company, types and specification of the goods, and pricing information), you are deemed to have given consent to the publication of such information on the Website. All such User Content may be made publicly available on the Website and therefore accessible by any internet user. Any User Content that you disclose to us becomes public information and you relinquish any proprietary rights (including but not limited to the rights of confidentiality and copyright) in such information. You should exercise caution when deciding to include personal or proprietary information in the User Content that you submit to us.
- Once our Business Department has granted you approval to be a supplier, you must register on the Website as a Member to access or use our Services. Except with our approval, you may only register one account on the Website. If we have reasons to suspect that you have concurrently registered or control over two or moreaccounts, we may cancel or terminate your account. In addition, we may reject your application for registration for any reason.
- Upon registration, we will assign you with an account and issue a Member ID and password (the latter will be chosen by you during the registration process).
- You will be responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. You may not share, assign, or permit the use of your Member ID or password by another person outside of your own business entity. You agree to notify us immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
- You agree that all activities that occur under your account (including without limitation, posting any company or product information) will be deemed to have been authorized by you as a Member.
- You acknowledge that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (“multiple use”) may cause irreparable harm to us or other Members. You agree to indemnify us, including our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. In case of multiple use of your account or your failure to maintain the security of your account, you agree and acknowledge that we will not be liable for any loss or damages arising from such a breach. We will also have the right to suspend or terminate your account without any liability to you.
- You represent, warrant and agree that:
- you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder;
- you use the Website and Services for business purposes only; and
- the address you provide when registering is the principal place of business[ For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.] of your business entity.
- You will be required to provide information or material about your entity, business or products/services as part of the registration process on the Website. You represent, warrant and agree that such information whether submitted is true, accurate and complete. You agree to promptly update your account information to keep it true, account and complete.
- You represent, warrant and agree that:
- you will be responsible for obtaining all necessary third party licenses and permissions regarding any User Content;
- any User Content does not infringe or violate any copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”);
- you have the right to sell, trade, distribute or export or offer to sell, trade, distribute or export the Lesso Products described in the User Content; and
- you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.
- You further represent, warrant and agree that the User Content that you post or submit will:
- be true, accurate, complete and lawful;
- not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- not violate any Terms;
- not violate any applicable laws and regulations; and
- not contain any link directly or indirectly to any other Website, which includes any content that may violate the Terms.
- You further represent, warrant and agree that you will:
- carry on your activities on the Website in compliance with the Terms, and any applicable laws and regulations;
- conduct your business transactions with other users of the Website in good faith;
- not use the Services or Website to defraud any person or entity (including without limitation sale of stolen items);
- not impersonate any person or entity, misrepresent yourself or your affiliates with any person or entity;
- not engage in any other unlawful activities or encourage or abet any unlawful activities;
- not copy, reproduce, download, re-publish, compile, sell or resell any Services or any Website Content for any purpose, excluding your own information; and
- not undertake any action to undermine the integrity of the computer systems or networks of the Website and/or any other user nor to gain unauthorized access to such computer systems or networks; and
- not engage in any activities that would otherwise create any liability for us.
- You agree to provide all necessary information, and render all reasonable assistance and cooperation necessary for our provision of the Services, when evaluating whether you have breached the Terms and/or handling any complaint against you. We will not be liable for any loss or damages if your failure to do so results in delay in, or suspension or termination of, the provision of any Service.
- You acknowledge and agree that we will not be required to actively monitor nor exercise any editorial control whatsoever over the Website Content. We do not endorse, verify or otherwise certify the Website Content made by any Member.
- You acknowledge and agree that the Services may only be used by businesses and your representatives for business use and not for individual consumers or for personal use.
- You acknowledge that you are responsible for observing applicable laws and regulations to ensure that the use of the Website and Services are in compliance with applicable laws and regulations.
E.BREACHES BY MEMBERS
- We reserve the right in our discretion to remove, modify or reject any User Content that you submit to, post or display on the Website which we reasonably believe is unlawful, violates the Terms, could subject us to liability, or is otherwise found inappropriate in our opinion.
- If you breach any Terms, or if we have reasonable grounds to believe that you are in breach of any Terms, we have the right to take actions as it deems appropriate, including without limitation:
- suspending or terminating your account;
- restricting, suspending or terminating your use of any Service;
- removing the User Content that you have submitted or posted, or imposing restrictions on the User Content that you may submit or post; and
- imposing any other corrective actions, discipline or penalties as we may consider appropriate.
- We reserve the right to cooperate fully with governmental authorities in the investigation of any suspected criminal or civil wrongdoing. Further, we may disclose your information, if requested by a government or law enforcement body, or as a result of a subpoena or other legal action. We will not be liable for damages or results arising from such disclosure, and you agree not to bring any action or claim against us for such disclosure.
- If you are in breach of the Terms, we also reserve the right to publish the records of such breach on the Website.
- You agree that we are not responsible, and will have no liability to you or anyone else for any User Content or other material transmitted over the Website, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with you.
F.LIMITATION OF LIABILITY
- The information provided on the Website is for reference only. To the extent permitted by applicable laws, we disclaim and make no representation as to the accuracy, suitability, applicability or completeness of any information on the Website. We assume no liability for any loss or damage, arising from the use or reliance of the information on the Website or for anything posted on or linked to the Website, including without limitation any mistake, error, omission, infringement, defamation, falsehood or other material or omission that might offend or otherwise give rise to any claim or complaint. We have no liability or responsibility for any errors or omissions in the contents of the Website.
- We disclaim any endorsement or recommendation of any person, organization, name, product or service referred to in the Website. We further disclaim all liability in relation to information or materials posted on the Website.
- By accessing and using the Website, you acknowledge and accept that the use of the Website is at your own risk. Any material downloaded or otherwise obtained through the Website is done at your discretion and risk. To the fullest extent permitted by applicable laws, we assume no responsibility and will not be liable for any direct, indirect, incidental, consequential or punitive damage or injury arising out of any use of, access to, or inability to use or access the Website, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, destruction or alteration of the website, whether for breach of contract, tortious behaviour, negligence or, under any other cause of action resulting directly or indirectly from any access or use of the Website, or any uploading, downloading or publication of data, text, images or other material or information to or from the Website. No advice or information, whether oral or written, obtained by you from us or through or from the Website will create any warranty not expressly stated herein.
- To the fullest extent permitted by applicable laws, you agree to indemnify us (including our affiliates, directors, officers, employees, agents and representatives) from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your use of the Website or Services (including but not limited to any User Content submitted or posted by you) or from your breach of any of the Terms. You further agree to indemnify us (including our affiliates, directors, officers, employees, agents and representatives) from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties, including but not limited to those set forth in “D. Member’s Responsibilities”.
- To the fullest extent permitted by applicable laws, you further agree to indemnify us (including our affiliates, directors, officers, employees, agents and representatives) from any and all damages, losses, damages, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to Lesso Products offered or displayed on the Website.
- The limitations and exclusions of liability to you under the Terms will apply whether or not we have been advised of or should have been aware of the possibility of any losses arising from the use of the Website or Services.
- We will not be held liable for any delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
H. INTELLECTUAL PROPERTY RIGHTS
- We are the owner or lawful licensee of all the rights and interests in the Website and its content. The Website embodies trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website shall remain with us. All rights not otherwise claimed under the Terms or by us are hereby reserved.
- You may not copy, reproduce, republish, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of this Website for any purpose without our prior written permission, except that you may download materials displayed on the Website for non-commercial, personal use only as long as you keep all copyright, trademark and other proprietary notices intact.
- All global rights and interests relating to “Lesso Home” and “領尚環球之家” are owned by Lesso Group. The unauthorized copying, modification, use or publication of the intellectual property relating to “Lesso Home” and “領尚環球之家” is strictly prohibited.
All notices and communications must be made in writing and sent to us as follows:Lesso Group E-Commerce Development Limited
Unit 3, 12/F, Tower 2
South Seas Centre
No. 75 Mody Road
Tsim Sha Tsui East
Kowloon, Hong Kong
- In accordance with the applicable laws, a copy of your Personal Data will be provided to you if request, upon payment of a reasonable fee for processing of any data access or correction request. However, you will not be charged for requests to correct or update your Personal Data.
- Every notice or communication is effective as follows:
- if delivered by hand, at the time of delivery;
- if posted, where the addressee’s address is in the same country as the country of posting, on the third business day after the day of posting;
- if posted, where the addressee’s address is not in the same country as the country of posting, on the sixth business day after the day of posting; or
- if sent by facsimile, at the time of transmission, provided the transmission report showing the correct number of pages has been transmitted; or
- if sent by electronic mail transmission, on receipt by the recipient,
- In proving service by post, it is sufficient to prove that an envelope containing the notice was duly addressed, stamped, and posted.
- You agree that all agreements, notices, demands, disclosures and other communications that we send to you electronically satisfy the legal requirement that such communication should be in writing.
- The Terms constitute the entire understanding between you and us with respect to and govern your use of the Website and Services, superseding any prior written or oral agreements, understandings or arrangements relating to the same subject matter herein.
- We and you are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
- If any provision of the Terms is held to be illegal, invalid or unenforceable, such provision will be deleted and the remaining provisions will remain valid and be enforced.
- Our failure to exercise or enforce any right or remedy or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of our right to act with respect to subsequent or similar breaches.
- We reserve the right at our discretion to deny users access to the Website without notice and to decline to provide our services to any user that is in breach of the Terms.
- We will have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Lesso Group). You may not assign, in whole or part, the Terms to any person or entity.
- The Terms will be governed by the laws of Hong Kong without regard to its conflict of law provisions, and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Hong Kong.
Last updated: 1 January 2017