TERMS & CONDITIONS The Terms and Conditions governing the use of the “Bidders’ Paradise (BP8.HK)” website shall apply to all users of the said website. 1. General Terms and Conditions of Use: 1.1 By using http:// BP8.HK (hereinafter known as “the Website”), the Customer agrees to be bound by the following Terms and Conditions of Use (hereinafter known as “Terms and Conditions”) herein and all supplements, amendments and variations shall collectively constitute the agreement between YOU (hereinafter known as “the Customer”), and “Bidders’ Paradise (BP8.HK)” (hereinafter known as “Website Provider”), and shall apply to the bid on products auctioned on the Website. 1.2 Pursuant to these Terms and Conditions, the Website Provider demands that the Customer visits and browses the “How It Works” section of the Website for the Auction Services before proceeding to bid on products so as to be ready for the auction process on the Website. If the Customer wins in an auction, the Website Provider will arrange for the delivery/collection of the item(s) to/by the Customer. 1.3 Anyone who registers a user account with the Website in any manner permitted by the Website Provider on the Website becomes a customer of the Website subject to the Terms and Conditions of this Website. Customers agree to abide by these Terms and Conditions upon registering a user account, and if approved by the Website Provider. 1.4 The Customer must register as a user of the Website by completing and confirming a registration process. During the registration process, the Customer will be required to select a username (“ID”) and a password. 1.5 The Customer undertakes not to disclose to third parties any information of the customer which permits access into the Customer’s user account to third parties, irrespective of whether they are customers or otherwise. Any third party who uses the Customer account information (whether intentionally and/or inadvertently) shall do so at their own risk, and acknowledges that no liability whatsoever (whether civil and/or criminal) shall be imposed upon or borne by the Website Provider. In the event the Customer receives any material or data containing information where the Customer is not the intended recipient, the Customer agrees to delete such material or data and further agrees to notify the Website Provider immediately. 1.6. To the fullest extent permissible under the law, the Customer agrees to use the Auction Services offered on the Website, subject to these Terms and Conditions. 1.7 The Website Provider shall NOT be liable for damages caused by the Customer’s unlawful activities and/or unacceptable conduct. Any user of the Website who engages in unlawful activities and/or unacceptable conduct shall be liable to the Website Provider for any and all costs, damages, losses and/or expenses caused by such unlawful activities and/or unacceptable conduct, including reasonable collection fees, legal fees (on an indemnity basis), incidentals, court costs, and such other costs and expenses arising from the Customer’s unlawful activities and/or unacceptable conduct herein. Examples of unacceptable conduct include, but are not be limited to, hacking the software, stealing the account or nickname of another user, sending a Trojan, worm, time bomb, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or attempting, soliciting or abetting any of the above. 1.8 As a winning bidder, the Customer shall be responsible for the Dealing Price which is the last bidding price of any particular auction. 1.9. The Customer agrees not to damage, interfere with, or corrupt the Website or its normal functioning in any way howsoever. 1.10 The Customer agrees not to collect and/or retain any information about other users on and off the Website, including e-mail addresses, without the prior consent of such users, and/or the Website Provider. 1.11 When using the Auction Services offered on the Website, the Customer agrees to disclose only truthful and accurate information. 1.12 The Customer agrees not to use the Website to distribute spam, chain mail, pyramid schemes, viruses or any other information or technology deemed inappropriate by the Website Provider. The Website Provider reserves the right to take any measures deemed appropriate to stop the Customer from misusing the Website. 1.13 The Customer understands and accepts that the Website Provider is not an agent, employee, broker, or representative of the Customer. The Customer also understands that the Website Provider does not owe the Customer any duty or obligation other than those expressly set forth in these Terms and Conditions. 1.14 The Website Provider reserves the right to revoke any contract entered into with the Customer if the Customer engages in inappropriate conduct. Examples of inappropriate conduct include the use of scripts to take control of the Website, as well as the use of the Website to harass others or to foist pyramid schemes on others, and such other misconduct beyond the original scope and comprehension of the Website Provider that compromises the Website and the position of the Website Provider. In responding to inappropriate conduct of the Customer, the Website Provider may block the usage of the Website and/or close the user account that is the source of the inappropriate conduct in question, and the Website Provider also reserves the right to refer the matter to the relevant government authorities to seek relief from a court of competent jurisdiction, or may take any other action deemed appropriate. 1.15 The Customer shall not submit or transmit any image or program that would violate the property rights of others, including unauthorized copyrighted images or programs and trademarks or Website marks used in any act of infringement. 1.16 Customer shall not interfere with other users in any way on the Website. 1.17 Customer shall not submit or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features onto the Website. 1.18 Customer shall not collect, retain and/or circulate by any means whatsoever any contact information from the Website for use related to commercial e-mail (SPAM) and/or for any other unauthorized purpose. 2. Intellectual Property 2.1 The Website, comprising all its content, materials, documents including but not limited to its trademarks/service marks, logos and other intellectual property rights of the Website Provider in the Website encompassing all information, details, graphics, data files, text, sound recordings and arrangements of the same are the wholly owned and copyrighted work of the Website Provider, and shall vest and belong to the Website Provider. 2.2 None of the materials posted herein shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of the Website Provider. 2.3 Customers who post their own proprietary information on the Website thereby grant consent and a license to the Website Provider to use that proprietary information on the Website at no cost to the Website Provider, its agents, or assigns. The Website Provider has the exclusive right to use anything posted by the Customer on the Website in any way it deems appropriate on the Website, subject to legal limitations. This includes allowing or prohibiting the use of the posted information, including reproduction, distribution, translation and adaptation, inclusion in compilations or databases, or communication to the public. 2.4 In the event of a breach of the intellectual property rights under these Terms and Conditions, the Website Provider may resort to any available legal remedies, which may include a demand for actual and/or statutory damages, costs and expenses, legal fees (on an indemnity basis), and/or injunctive relief. 3. Requirements Needed to Participate 3.1 A participant must be eighteen (18) years of age and above. 3.2 A participant cannot be an employee of the Website Provider, or an employee of a subsidiary of the Website Provider.. 3.3 A participant cannot be involved in any part of the execution or administration of the Website. 3.4 A participant cannot be an immediate family member of (parent, sibling, spouse, child) or household member of the Website Provider’s employee, or an employee of a subsidiary of the Website Provider, or a person involved in any part of the administration and execution of the Website. 3.5 The Website Provider may block, suspend, close or cancel Auctions if the Website Provider’s computer system is damaged or interfered with or if a system error occurs that has or may have an effect on the course of the Auction. Where an Auction cannot be restored, the sole remedy available to the Customer shall be the reimbursement of any bid-points used when making bids on the Auction. 3.6 In addition to the Terms and Conditions herein, the Website Provider shall not be liable or responsible for any losses, damages (whether special or consequential), costs, expenses, embarrassment, opportunity costs, goodwill expenses or loss of profit incurred or suffered by the Customer by reason of or in connection with the following: - 3.6.1 Any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the Website Provider; 3.6.2 Interference by computer virus, corrupted data, malfunctions; 3.6.3 Any failure or delay attributable to the Auction Services by its service provider and/or its employees, servants, agents, and contractors ; 3.6.4 Failure or delay due to causes beyond the control of the Website Provider including causes such as strikes, industrial action, civil disturbances, flood, earthquake, landslides or Acts of God or computer, electronic, communications or electrical systems failures of any nature whatsoever, breakdown, interruptions, non-supply, failure in the supply of electricity or power for any length of time; 3.6.5 Any inaccuracies, errors, defects of any content of this Website or other website linked to this Website; 3.6.6 Any operation malfunctions or defects of the Customer’s computer terminal, systems or software used in accessing the Website; 3.6.7 Any access, use or inability to access or use this Website and/or any other website linked to this Website. 3.7 The Website Provider shall not be responsible for any losses if the Website is not made available on the Auction Hours or otherwise. 3.8 The Website Provider shall not interfere with the Auctions in any manner. 3.9 The opening price of each item put up for Auction shall begin at US$0.01. The price of the item shall increase by US$0.01 with each bid. The bidding time (“Bidding Time”) will be displayed in a box near the item being sold at the Auction. The length of the Bidding Time is fixed for each Auction. Each new bid extends the Bidding Time by extending the remaining time because the Bidding Time starts anew after every bid. By bidding on the Auction, the Customer makes an offer to the Website Provider and the Website Provider accepts the Customer’s offer to purchase the item being offered for sale. 3.10 The Auction ends when -No more bids are received within the time specified on the Website. At the end of the Auction, the Customer will be considered the winning bidder only if the Customer has submitted the last bid during the Bidding Time; or, If the Customer is the winning bidder, the Customer’s username will be displayed in a box near the item sold at the Auction, and a valid, binding and enforceable sales contract for the item sold at the Auction shall be deemed concluded between the Website Provider and the Customer. 3.11 The Customer agrees that his entitlement to purchase items on the Website shall be restricted to a maximum of four (4) items at the Website per calendar month. 3.12 If the Customer is the winning bidder, he/she will able to see details and make a payment (if necessary) for the won auction under “Winners” sections after logging in. The Website Provider will arrange for the delivery/collection of the purchased item with the Customer. The Customer shall have to pay for shipping charges and insurance cost, if applicable, on the purchased item. 3.13 Bid-points used to make bids are not refundable. No exceptions to this condition will be permitted. The Customer should only buy as many bid-points as the Customer is comfortable spending on the Auction. 3.14 Each bid may costs one (1) credit, five (5) credits or up to ten (10) credits and raises the price of the product by US$0.01, US$0.05 or up to US$0.1. 4. Amendment of Terms and Conditions 4.1 The Website Provider may unilaterally amend, vary and/or add to these Terms and Conditions by publishing a relevant notice of the amended, varied and/or additional Terms and Conditions on the Website. 4.2 Amendments, variations and/or additions to the Terms and Conditions shall be valid, binding and enforceable immediately upon their publication on the Website. 4.3 The Customer should be able to view the revised Terms and Conditions upon access to the Auction Services at the Website, and the use of the Auction Services thereafter shall constitute the Customer’s consent to and acceptance of the amendments, variations and/or additions therein appearing on the Website. 5. Termination of Using the Services 5.1 The Customer may terminate the use of the Auction Services and close the Customer user account. However, any contractual obligations incurred before the termination of the account shall remain in full force and effect until the Customer completely discharges them by paying for any outstanding purchases and any applicable taxes or delivery charges. 5.2 The Website Provider reserves the right to prohibit the Customer from using the Website and to terminate the Customer’s account at any time without prior notice and without any obligation whatsoever to give any reasons therefor; and/or if, in the sole and absolute discretion of the Website Provider, it determines that the Customer has engaged in any prohibited, and/or unacceptable conduct and/or unlawful activity. 6. Final Provisions 6.1 In addition to these Terms and Conditions, the relationship between the Customer and the Website Provider shall be governed by the Website price list for the Auction Services. 6.2 Any disputes arising out of or in connection with the use of the Website shall be resolved through negotiation; and if negotiations fail, the dispute shall be referred to and resolved by the courts of law. 6.3. The Terms and Conditions embody all the terms and conditions agreed upon between the Customer and the Website Provider and supersedes and cancels all previous discussions/agreements amongst the parties hereto in relation to the matters dealt with herein, whether such be written or oral, and represents the entire understanding between the Customer and the Website Provider.. 6.4 If any one or more of the provisions contained in the Terms and Conditions shall be deemed invalid illegal or unenforceable in any respect under any laws of any relevant jurisdiction, the validity legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired. 6.5 No remedy conferred by any of the Terms and Conditions is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by the Website Provider shall not constitute a waiver by the Website Provider of the right to pursue any other available remedies. 6.6. The Website is managed by the Website Provider. If there are any questions or concerns please e-mail firstname.lastname@example.org 7. Indemnity 7.1 The Customer agrees to fully indemnify and keep indemnified the Website Provider against any and/or all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements of any kind whatsoever which may be imposed on, incurred by the Website Provider in respect of the Customer’s unlawful activities, communications, act, default and/or omission in any way relating to or arising out of the negligence of or misconduct of or breach of or any omission, delay or failure of the Customer’s obligations under the Terms and Conditions as provided herein. 7.2 The Customer further agrees that the Website Provider shall not be liable to the Customer for and with respect to any third party claim and the Customer shall indemnify and keep indemnified the Website Provider from any liability, claims, losses, damages, costs or expense of any kind relating to or arising out of third party rights thereof. 7.3 This indemnity by the Customer herein shall survive the termination of any of the Auction Services to the Customer. 8. Restrictions Without assuming the responsibility therefor, the Website Provider reserves the right to restrict conduct and/or take measures against conduct, which the Website Provider shall deem in its sole discretion to be harmful or offensive to other users or is unacceptable for any reason or no reason whatsoever or otherwise detracts from the Auction Service or adversely affects the Website Provider, its business or software in any manner whatsoever. 9. Disclaimer 9.1 Notwithstanding the information, materials and contents given herein on the Website and/or on the Auction Services and/or web links on the Website (‘Postings”), the Customer agrees that the Postings herein is provided on an “as is” basis and are of a general nature and shall be subject to the Customer’s obligation to take independent legal advice, or such other advice as the Customer shall deem necessary. 9.2 The Website Provider, its employees, and its authorized agents disclaim any express or implied warranty or representation including but not limited to conditions of merchantability, warranties of title, non-infringement of intellectual property rights, usefulness, accuracy, quality or fitness for purpose of the Auction Services or products transacted on the Website. 9.3 The Website Provider does not warrant or represent that access to the Website, the materials, contents, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect shall be corrected, or that there shall be no delay, failures, errors or loss of transmitted information, that no viruses, or other contaminating or destructive properties shall be transmitted or that no damage shall occur to the Customer’s computer system. 10. Law and Jurisdiction 10.1 The use of the Auction Services on the Website and the Terms and Conditions herein shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region, People’s Republic of China, and the parties hereby submit to the exclusive jurisdiction of the Courts of Hong Kong notwithstanding that the Auction Services on the Website may be accessed in other jurisdictions and not restricted to Hong Kong. 10.2 The Customer hereby agrees that the Customer shall be solely responsible for the compliance with all laws applicable to the Customer in the Customer’s jurisdiction in respect of the use of the Auction Services.
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