With effect from:
When can these Terms change?
Your privacy our priority
As per the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486), parental consent is required for online service providers before they collect any personally identifiable information from children who are under 18 years of age. We @ BINGABINGA do not solicit or collect any personally identifiable information knowingly from children under 18 years.
What are the conditions for using the services?
To use the services you have to first register for an account with a password and a user name and once you have signed up for an account you can use the services. However, you have to first promise that whatever information you are providing us such as name, email id, phone number are accurate, updated and complete and are true to your knowledge and you yourself have registered for the same and entered the information.
You cannot select a BINGABINGA User ID which is not your name and you don’t have the right to use it anywhere and you don’t have the right to use another person’s name as well to impersonate or to intent that person. Transferring your account to someone else’s account is also not accepted until a written permission is given by us.
You also accept that you are using the services for your personal purpose and not behalf of any third party and using them abiding by the laws applicable to you. If you are prohibited to use anything by law then you are not authorized to use any of the services. Then we won’t and we can’t be responsible for your using the services by violating the laws.
You should not share your account information or password with anyone else and must keep them secure with you. Any activity associated with your account is your responsibility. You can create multiple accounts with BINGABINGA but we will strictly advise you not to create multiple accounts and use a sole account for all purpose. We also forbid the use of one account by multiple users or multiple accounts by one user for earning rewards. No rewards earned from such account will be honoured by us.
An email will be generated automatically once you use the services and you will be also deemed to receive email communication from us. All your preferences will be set automatically and will be published when you register for the first time. It will also be shared to all social interactions and social networks as well. You can also edit them time to time under the “Settings” option. So, you can share your preferences with other users and can get the services accordingly through BINGABINGA and you will have a great experience ahead.
The following add-on restrictions are there with your use of the services:
- It violates or infringes the intellectual property rights or any other rights if any user or anyone else at BINGABINGA.
- Violates any rules, regulations or law that also includes any kind if experts control laws.
- Is harmful, deceptive, fraudulent, harassing, threatening, obscene, defamatory or objectionable in other ways.
- Jeopardizes the security of your account at BINGABINGA or someone else’s account.
- Attempts to obtain the password, account information or any other security information from any other user.
- Violating the security of any computer network or making cracks in passwords or encryption code in security.
- Running Maillists, Listserve or any other services as such which works in the background when you are not logged into your account and they interfere with the proper running of the system.
- Crawls, scrapes, spiders or portion of the same relating to the services or content through manual or automated means.
- Stores or copies any significant portion of the content.
- Any kind of reverse engineering or decompiles or attempts to obtain source code or underlying ideas related to the services and use.
- Upload, sale, store, distribute, transmit any prohibited items for offer or sell.
A violation of any of the above law will lead to the termination of your right to use and access the services at BINGABINGA.
My rights in the services
You should understand that BINGABINGA owns the services and you won’t and can’t modify, transmit, publish, upload, copy, reproduce or create derivative works based on or exploit any of the services. The services that are offered in the express section, except for those you cannot modify any of the services.
The services may allow you to copy or download certain content but that does not mean that all other restrictions mentioned above don’t apply- they do!
What license I have to grant to BINGABINGA or to other users?
For all User Submission, you grant BINGABINGA a license to translate, modify, for technical and other accessible purposes and reproduce or otherwise act with respect to such user submission. It is in order to enable us to operate the services as described in more detail below. This is a license only and your ownership in user submission is not affected.
If any information is stored through user submission in your personal BINGABINGA account and is not viewable to anyone except you then also you grant BINGABINGA the license to modify, translate or otherwise make changes to for the sole purpose of making it accessible to you and provide you services which are necessary.
If you share a user submission in a manner that only certain specified users can view then also you grant BINGABINGA the above license as well as a license to display, perform, and distribute your user submission content which is limited accessible to the limited and specified users. It will also allow them to offer such services which are necessary to do so. By doing so you also grant the other specified users to see the content you uploaded through User Submission as permitted by the functionality of the services.
If you share any user information publicly without specifying any certain user and want to show it to every user present in BINGABINGA then you give us the license to distribute, translate, modify and show them the content and to make the user submission accessible to public. BINGABINGA will also notify you about the Public User Submission for any reason other than displaying it on the services. You also grant other users of the service the license to access that public user submission and use and exercise all the rights permitted by the functionality of the services.
You also agree to the fact that the licenses you grant are royal free, sublicense able, perpetual, worldwide and irrevocable.
Finally, you understand and agree that BINGABINGA in performing the required technical steps to provide the services to users will need to make changes to your user submission and to confirm and adapt those use submissions to technical requirements for devices, connection networks, services, media and the license foregoing also includes the same. So, you at BINGABINGA agree that whatever you have agreed to is the best of your knowledge and have gone through it properly before accepting and agreeing to it. It also means that you are okay with the responses made by another user to your user submission content as well.
What happens when something from the services infringes my copyright?
We at BINGABINGA are very particular about your privacy and we have also had The Copyright Ordinance (Cap 528) that relates to online service providers like BINGABINGA by asking to remove materials that allegedly violates your or someone else’s copyright. We also respect the intellectual property rights of others and we reserve the right to disable or delete contents that are alleged to be infringing. We can also terminate of those repeated alleged infringers to review and respect our complete Copyright Dispute Policy. Click here to learn how to report infringement content.
Who holds the responsibility of what I see and do on the services?
Any information that is posted publicly and transmitted through services is the sole responsibility of the person who has posted such contents and you access the contents and information at your own risk. We are not liable for any damage, loss that you suffer nor are we liable for any error or omission in the information or content during the connection. We cannot control and have no responsibility to take any action regarding how you use and interpret the content or what actions you take as a result of being exposed to such content. You hereby release us from any liability for having acquired or not acquired content through the services. We do not guarantee the identity of any user whom you are interacting with and using and exchanging the services or for which user’s gains access to the services
Whatever content you contribute, you are responsible for that in every manner and you warrant and represent to the services and have all the rights necessary to do so. You are also responsible for keeping your contents and information appropriate and accurate and are responsible for all your activity in connection with the services. The services that you will access may contain links or connections to the third party website or services that are not owned or managed by BINGABINGA. So, when you access third party links, contents, website or any other content or information, you accept the risk of doing so and BINGABINGA will not be responsible for any of the circumstances.
We always encourage you to beware of such services and contents, and read the terms and policies of the services before agreeing to them.
BINGABINGA has no control over and holds no responsibility for the contents, information privacy policies, or accuracy of opinions expressed by third party websites by any means. In addition to that, BINGABINGA also does not monitor, manage, verify or sponsor contents presented by third-party website or services, by accepting the terms and policies and using third party services or website you release us and hold us harmless from any suffering from the third party contents.
Any interaction between you and the third party is it financial, verbal or any other kind of interaction is solely between you two and we are not responsible for that. This also includes exchanging of goods and services and payments and other interaction as well. You are advised to make the decisions regarding that and you should investigate and gather necessary information before proceeding further in any kind of interaction, transaction or exchange and dealing. In particular, you agree that BINGABINGA holds no responsibility and liability of any transaction arranged through the portal.
If there is a dispute between you and other users on this site or between you and third party on this site then also you agree that BINGABINGA is not under any obligation and is not involved. No matter what you will release BINGABINGA, its staffs, employees, officers, agents, successors and others from any claims, demands, allegations or damage caused to you in any nature known or unknown, suspected unsuspected, closed, open or any way to our server.
Will BINGABINGA ever change their service?
Will the devices cost anything?
Currently, the services are free and you can also freely browse the website of BINGABINGA. It means Kathy and does not charge any fee for using the services right now but if in future any such fee is added then we will notify you about that. You can, however, purchase any goods or services at your sole responsibility and BINGABIBGA will not be responsible for the same. You may also get subjected to tax jurisdiction of the custom and value-added tax for which we do not hold any responsibility or bear any liability. You have to be very precise about your actions because you cannot hold us responsible for any transaction made between you and the third party.
What are the return policies of BINGABINGA?
We look forward to keeping you completely satisfied with us and our services and hence if there is any reason for which you are unhappy then you can contact us at firstname.lastname@example.org.
You can return any product within 30 days of delivery. To initiate a return or refund of an item from your order history page you have to simply click on “Contact Seller” or “Return” which is next to the item you wish to refund or return and BINGABINGA will support you to assist you in that.
Our aim is to process your request within 72 hours upon receiving the refund request. Refunds are issued back in the same manner through which payment is done or the purchase of the order was done. You can feel free to ask any question or queries to us at email@example.com. and we will be happy to help you.
If you have purchased an order using promotional credit and want to return that order and get the refund then the promotional credit will not be refunded.
If you have made any payment to any third party other than BINGABINGA then we are not responsible for that. This may include VAT, services tax, and any other shipping or return charges. If you have purchased any product using BINGABINGA local then you are not eligible for return or refund on the items as the transaction conducted using BINGABINGA local is totally entirely between you and other BINGABINGA local users.
What happens when I wish to stop using the services?
Account termination will also result in the destruction of any content associated with your account and hence you are advised to keep that in mind before deciding to terminate your account.
What else do I need to know?
Warranty disclaimer: No warranty is made either by BINGABINGA or by any other user or service provider associated with it about any content contained in it or accessed through the services. We make no representations or warranties regarding any of the services or products offered or purchased through the services.
Limitation of Liability: BINGABINGA is not liable for any of the problems caused to you for any services by any third party and you will be responsible solely for the sufferings caused to you by the third party services, products, and contents.
Indemnity: By agreeing to this, you accept that you hold any authority and associated members of BINGABINGA harmless for any problem, damage or suffering caused to you. You will not hold us responsible for situations you have been into because of any third party and their services and products.
Choice of Law and Jurisdiction
Any legal proceeding will be held and interpreted in accordance with the laws of Hong Kong with the regard to the conflict of provision.
You will be the one who will be paying, holding, filing, reporting taxes and expenses for governmental activities in connection with your activity. If any of the services or policies is seen unenforceable or invalid then BINGABINGA will be at duty in looking after them. You acknowledge that you are not an employee, officer, partner, joint venture, authority or any associated member of BINGABINGA and BINGABINGA agree that there are no third party beneficiaries to the terms.
First, we will try to resolve the dispute within, however, if no result or outcome is seen then either of the parties can take legal aid to get a result for the same. After arbitration process and procedure, the judgment of the court by law will be final. The arbitration will also be conducted on the individual basis and not on the representative or class basis.
Disagreements can be of various types between you and wish that shall be related to the services provided by the site. These issues can concern the sales, cancellation, refunds and that of defects in the offered policies. The disputes will also include the various aspects of claims against the employees or the agents related to BINGABINGA.
Before opening a legal fight both you and BINGABINGA can provide each other with a notice that will contain the description of the problem. This notice can be sent toaddress: 711 Shangdu international, Beijing China, 100020 or email the document to firstname.lastname@example.org. BINGABINGA can also do the same to your email ID. BINGABINGA can make an attempt to resolve the matter before getting into a legal hassle. In case both the parties cannot reach any agreement within 45 days then a legal confrontation can be brought about.
The processes of this legal confrontation will be handled byHong Kong Mediation and Arbitration Centre. The procedures will be conducted by a single arbitrator who will be neutral.
The solution to the problem will be such that it would be agreeable to both the parties. No arbitration will be done on the basis of class or representative.
In case the claim does not exceed the amount of $5000, you and BINGABINGA shall have an oral hearing based on the proof of documents of both sides. The arbitrator’s award shall be based on the findings of the documents and will be in the form of a written document.
Each of the party will pay its fees to Hong Kong Mediation and Arbitration Centre, and also the arbitrator’s fees. BINGABINGA will pay all your claims if they are within $5000. Of course the authenticity of the claim has to be established.
You and BINGABINGA can also settle the matter in small claims court if so desired.
Welcome to BINGABINGA! Thank you for choosing our website! Please feel comfortable and make yourselves at home and hope you have a fabulous time here.One thing which we would like to reiterate and urge you is to abide by our guidelines.
By using our website in any manner, other than browsing or visiting the site, you agree to abide by this agreement. This alsoincludes abiding by the additional terms and conditions and the policies that are referenced here or available via the hyperlinks on this site. This agreement is applicable to all merchants using our website. The contents of this agreement cover the main body including all terms and conditions and the policies. It also covers the privacy provisions, legal statements etc which have been or will be published or released by BINGABINGA. The outlined policies, terms and conditions are an integral part of this agreement and they have a legal impact similar to the main body of the agreement.
BINGABINGA reserves the right to change all or some of these terms and conditions and policies of the services offered at any point of time. The new terms of agreement come into enforcement when the merchant clicks the ‘I agree’ button on the site. After you log in or continue using our services, it implies that you have read and accepted our revised and updated terms and conditions. If any of the merchants is not in agreement to any of these updates laid out in the conditions and polices, the merchant may choose to terminate the agreement according to the rules. In the event of any disputes with BINGABINGA, the updated agreement will prevail. Any new content which expands the scope of ‘service’ will be subject to this updated agreement, unless explicitly stated.
1. BINGABINGA is a Marketplace
BINGABINGA functions as a marketplace that facilitates merchants who comply with its policies to offer and sell certain goods within an optimized pricing format. BINGABINGA is not directly involved in any kind of transaction that takes place between buyers and sellers. Hence, BINGABINGA stakes no control over the quality, safety, legality or morality of any aspect of the items that are listed. BINGABINGA does not have any control on the capability of the sellers to sell their items or the capability of the buyers to pay for items.
BINGABINGA does not possess any authority to ensure that a buyer or seller will actually complete a particular transaction. Additionally, BINGABINGA is not responsible for transferring the legal ownership of items from the seller to the buyer. It is also not responsible for guaranteeing the accurate identity, age, and nationality of any merchant or any buyer. It encourages you to directly communicate with potential transaction partners via the tools that are available on the website. As per this agreement, you are in agreement that BINGABINGA is just a marketplace and it cannot be held responsible or liable for any content such as data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted either by you, other merchants, or any third parties on the website. You are liable to use BINGABINGA’s services at your own risk.
As per the maximum permissible limit by law, you and your affiliates may waive off claims. However, BINGABINGA and its affiliates will not be responsible for:
- Any statements, guarantees, services in this agreement, and expected transactions which includes merchantability, applying to particular purposes or any implied warranties.
- Implied warranties based on the transaction process, the performance of the contract or trading practices during the course of dealing.
- Any duties, responsibilities, claims, rights, whether or not they are due to the negligence of BINGABINGA.
- In case you have any disputes with a third party over your products, either you or the third party are not entitled to claim any rights and damage compensation of any kind and nature (be it direct or indirect damage).
2. Your account with BINGABINGA
In order to avail some of our services, you need to create an account with BINGABINGA. Listed below are the rules that govern the accounts associated with BINGABINGA:
- To utilize our services, you must be of 18 years or older. If you are under the stipulated age, you are entitled to use our services strictly under the supervision of a parent or legal guardian.
- You need to be honest with us and ensure that you provide accurate personal information. If you use false information or impersonate another person or company through your account, it is not at all acceptable.
- You need to select a decent username. It would be considered as violation of the terms if you choose a username that is offensive, vulgar, or infringes someone’s intellectual property rights.
- You are held solely and entirely responsible for any kind of activity in your account. You need to be aware that if you are sharing an account with other individuals, then the person whose billing information is on the account will be accountable for any kind of activity in the account. If you are registering as a business entity, you will be responsible to personally guarantee that you have the authority to agree to the terms on behalf of your business. Please note that your accounts are non-transferable.
- You need to protect your password, as you are solely responsible for any kind of activity on your account. Hence it is important that you keep your password secure.
- It is imperative that you have clarity regarding your relationship with us. You need to be clear that the terms specified here do not create any agency, partnership, joint venture, employment or franchisee relationship between you and BINGABINGA.
3. Fees and Billing
BINGABINGA reserves the rights to either take a certain percentage or a fixed set amount of the sale price of items sold on its website. BINGABINGA has the sole discretion to change all or some of its services at any point of time. When it introduces a new service, the fee for that particular service is effective from the date of launch of the service. All fees in BINGABINGA are quoted in Pound (GBP), unless specified otherwise.
Under certain circumstances, other than an invalid or void transaction, BINGABINGA will issue a credit for the applicable fees to a seller’s billing statement. You would be responsible for paying all fees and applicable taxes pertaining to your usage and selling of items on BINGABINGA.
Price: Price denotes the set product rate by a merchant, which includes taxes, tariffs, and any other applicable costs. Merchants need to list the prices and shipping costs of the products they sell using the BINGABINGA Marketplace. BINGABINGA reserves the right to pay merchants based on the prices and shipping costs which have been listed for their products. They will be paid either a percentage of the price and the shipping cost or a fixed set of amount based on the price and shipping cost. BINGABINGA reserves the right to adjust the prices or shipping costs displayed to users within the movement range agreed by merchants to optimize sales for our merchants. This does not impact the amount or percentage that BINGABINGA has agreed upon to pay to merchant in lieu of their orders. If merchants are not in agreement with the movement range, BINGABINGA will never go ahead and change the prices which are apt according to the merchant. In such a scenario, merchants will pay the payment processing fees, and all refund costs.However, BINGABINGA will not promote their any of their products in terms of notification, ads, and discount incentives.
A merchant’s shipped transaction is eligible for payment within 30 daysof their shipment dates. BINGABINGA may unilaterally decide to delay the remittance and withhold the accounts payable to merchants or any other due payment according to this agreement, tillit receives the delivery confirmation. Transactions that have not been able to confirm deliverywill be ineligible for payment. BINGABINGA will pay merchants for their eligible transactions twice a month. This payment will be a net amount: the merchant's prices (product and shipping) minus our charge as, per the revenue share or cost.
4. Your Content
Whatever you post, using our services, is referred to as content. Let’s refer to it as ‘your content’. The reason for terming it such is, because BINGABINGA does not stake any claim to it. Your content entails anything that you post using BINGABINGA’s services such as usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.
- Responsibility for Your Content – You would beheld solely responsible for Your Content. You represent that you have all the necessary rights to Your Content. You need to have integrity that you are not infringing or violating any third party’s rights by posting it.
- Permission to Use Your Content – You give BINGABINGA the license to use Your Content by posting Your Content through our Services. While BINGABINGA does not claim any ownership to Your Content, but it certainly has your permission to use it to help BINGABINGA function and grow. In this manner, we won’t be infringing any rights you have over Your Content and we are only helpingto promote your business.
- Rights You Grant BINGABINGA–When you post Your Content on our website, you grant BINGABINGA a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote BINGABINGA, your BINGABINGA shop, or the Services in general, in any formats and through any channels, including across any BINGABINGA Services or third-party website or advertising medium.
- Reporting Unauthorized Content- BINGABINGA respects intellectual property rights, and is committed to following appropriate legal procedures to remove any content that violates or infringes other’s rights from the Services. If any of your content to which you have the rights to has been posted to the Services without your permission and you wish it removed, kindly follow the steps listed in our Intellectual Property Policy. If Your Content infringes another person’s intellectual property, BINGABINGA will remove it if it receives proper notice. You will be notified when that happens.
- Inappropriate, False or Misleading Content–While this is plain common sense, but there are certain types of content that BINGABINGA does not want to be posted under its Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our ProhibitedItems Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
5. Listing and Selling
Listing Description: The items listed on our site, necessitates that all aspects of the item are in compliance with the published policies of BINGABINGA, and you are entitled to legally sell the item. You are expected to provide an accurate description of your item as well as all the terms of sale in your BINGABINGA shop. Your product listings may only include text descriptions, graphics, pictures andother contents relevant to the sale of that item. All items need to be listed under the appropriate category with appropriate tags. Each product listing needs to accurately and completely describe the item/items for sale. If the “in stock” quantity for a certain listed product is more than one, all items in that particular listing needs to be identical.
Shop Policies: We urge all sellers to outline their shop policies for their shop on BINGABINGA. These shop policies entails aspects such as shipping, returns, payment, and selling policies. It is expected that the sellers formulate reasonable policies in good faith and compulsorily abide by such policies. It is imperative that all shop policies must comply with BINGABINGA's site-wide policies. If any kind of differences are observed in any of the shop’s policies and BINGABINGA’s policies, the latter’s policies prevail. Sellers are accountable for enforcing their own reasonable shop policies. BINGABINGA reserves the right to request a seller to modify any of the shop policies.
Binding Sale: All sales are binding on BINGABINGA. As a seller, you are obligated to ship the order or complete a transaction with the buyer promptly, until and unless there is an exceptional circumstance which prevented you from doing the same. Such exceptional circumstances may include: inability to complete a transaction owing to laws, regulations, policies, natural calamities, wars, strikes, and other unforeseen factors. In the event of not completing an order on time, the merchant will have to bear all the costs associated with it.
Fee Avoidance: You must ensure that the price stated for each of the items in the listing description is an accurate representation of the sale. It is understood that sellers may charge a reasonable amount of shipping and handling fees required to cover the costs for packaging and mailing the items. However, sellers cannot charge exorbitant shipping fees. You are not allowed to change an item’s price after its sale just to avoid BINGABINGA transaction fees, misrepresenting the item’s location, or using another merchant’s account without permission.
6. Prohibited, Questionable and Infringing Items and Activities
You would be solely accountable for your conduct and activities on and pertaining to BINGABINGA. You are responsible for any or all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links that you submit, post, and display on BINGABINGA. If BINGABINGA shares any requirements at any point of time, the merchant needs to furnish a written proof of abiding by the product requirement and the associated law of BINGABINGA at the earliest possible. The merchant also assumes all responsibility for losses arising from delay.
Restricted Activities: Ensure that Your Content and your usage of BINGABINGA should not:
- Be fake, incorrect ormisleading;
- Be obscene or contain pornography, nudity, or adultmaterial;
- Contain or pass on any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personalinformation;
- Host images that are not part of a productlisting;
- Link directly or indirectly to, reference or contain descriptions of goods or services that are prohibited under thisAgreement.
- BreachMerchant Policy or other policy documents as posted on BINGABINGA; Contain items that have been identified as hazardous to consumers and therefore subject to a recall;
- List any item on BINGABINGA (or consummate any transaction) thatcould cause BINGABINGA to violate any applicable law, statute, ordinance or regulation, or that violates thisagreement;
- Be fraudulent by deliberately misleading customers with false information or concealing the real situation to lure customers into making a purchase. It also entails being involved in the sale of illegal goods, counterfeit or stolen items;
- Be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonating or intimidating any person, or falsely stating or misrepresenting your affiliation with any person. For instance, using similar email address, nicknames, or creation of false account(s) or any other method ordevice;
- Violate or sell products that infringes any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; Such prohibited behavior includes: 1) selling or displaying items that resemble any celebrity (including portraits, pictures, names, signatures and autographs); 2) selling or displaying items bearing a third party brand or trademark that you are not authorized to display in such manner or 3) selling any pirated video orrecording;
- Modify, adapt or hack BINGABINGA or modify another website in order to falsely imply that its association withBINGABINGA;
- Solicit business for, direct sales to, or promote any website, service, or entity outsideBINGABINGA;
- Violate this Agreement, the Merchant Policy, or any of BINGABINGA’s site policies or community guidelines, or any applicable law, statute, ordinance or regulation.
If BINGABINGA is doubtful that any of the transaction consummated by the merchant may cause BINGABINGA to violate any applicable law, statute, ordinance or regulation, or that violates the right of merchant’s account, it reserves the right to dictate the merchants to pay customers or others according to specific compensation standard. All such payments include refund, compensation, and other fees.
Merchants need to be in agreement with our decision on user refunds. In case they believe they are unduly penalized, they are asked to follow BINGABINGA’s standard merchant dispute guidelines. You will be notified of the results by BINGABINGA and we solely reserve the right to the final decision.
BINGABINGA may take a decision to implement a certain policy which allows it to withhold payment or other due payments as per this agreement. If BINGABINGA is doubtful that any actions or behavior of a merchant is likely to cause disputes, fees or other claims with customers, BINGABINGA reserves the right to delay payment to the merchant. It also reserves the right to withhold account payable or other due payments as per this agreement, till the investigations of such behaviors or actions are complete. If any of the merchants are found to conduct the above mentioned restricted activities or is found to violate this provision, the merchant would have to pay 500 USD as penalty per incidence.
You are in agreement that BINGABINGA has no obligations to keep information, update information, or share the latest information with you in the event of suspending or ceasing your account. BINGABINGA reserves the right to temporarily or permanently freeze your account, if it determines that you have violated any of the stated provisions.
7. Disputes with BINGABINGA
In the event of a dispute between you and BINGABINGA, you are requested to get in touch with BINGABINGA directly. Any disputes that may arise from or pertain to the subject matter of this agreement will be finally settled by arbitration using the English language. This agreement is governed by and framed in accordance to the laws of Hong Kong with respect to conflicts of law provisions thereof. The agreement may be modified or waived off only in writing signed by both parties involved. If any provision of this agreement is considered to be non-enforceable, such provision will be limited or deleted to the minimal permissible extent as considered to be necessary, so that the remaining terms continue to remain in force and effect.
If any dispute arises out of or in connection to this agreement (pertaining to its existence, validity, or termination), it shall be referred to and resolved by arbitration administered in Hong Kong. However, either party will be entitled to seek injunctive or any other equivalent relief in any court of competent jurisdiction. The language of this arbitration needs to be in English. The decision of the arbitrator will be considered to be final and binding on both the parties and may be used as a basis for judgment on the Recognition and Enforcement of Foreign Arbitral Awards. While enforcing this agreement, the prevailing party will be entitled to recover costs and expenses including, but not limited to the fees of the attorney. Neither party is entitled to assign this agreement without the consent of the other party; provided that either party may assign this agreement without the other party’s consent to a third party that acquires all or substantially all of such party’s stock, assets, or business to which this Agreement relates. If you have a dispute with one or more users, or a third party, you release BINGABINGA or any of BINGABINGA’s associates from any and all claims, demands, actions, liabilities, rights, duties and damages (actual and consequential) of every kind and nature, known and unknown, determined or possible, certain and uncertain, natural or unnatural, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
BINGABINGA encourages merchants to report merchant-to-user disputes to your local law enforcement, or a certified mediation or arbitration entity, as applicable. BINGABINGA may try to help merchants resolve disputes for the benefit of the merchants. BINGABINGA will do so at its own discretion, and ithasnoobligationtoresolvedisputesbetweenmerchantsandusers or between merchants and outside parties. When BINGABINGA attempts to resolve a dispute, it will do so in good faith based solely on its policies. BINGABINGA will not make judgments regarding legal issues orclaims.
8. BINGABINGA's IntellectualProperty
All graphics, logos, designs, page headers, buttons, icons,scripts,andservicenamesareregisteredtrademarks,trademarksor trade dress of BINGA TECHNOLOGY LIMITED in Europe and/or other countries. BINGABINGA's trademarks and trade dress will not be utilized, 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 createconfusion.
9. Your Use of Our Services
We offer you with a limited, non-exclusive, non-transferable, and revocable license to avail our services which would be subject to the following terms and conditions:
- Refrain from using our services for breach of law. You agree that you won’t violate any laws while using any of our services. This includes any local, federal, and international laws as may be applicable. For instance, you are responsible for obtaining any licenses or permits required by your shop. You are also prohibited from selling anything that may violate any laws. Refrain from committing any kind of theft, fraud, or any other crimes against BINGABINGA, another BINGABINGA user, or a third party.
- You will be responsible for the payment of all fees that you own to BINGABINGA. You are entirely and solely accountable for collecting and/or paying any applicable fees for any sales or purchases that you make using our services. Merchants who are regularly involved in sales on the BINGABINGA platform are required to reserve for VAT. While BINGABINGA does not need the sellers to possess a VAT number to sell in our marketplace, however, they may be required to pay for VAT for conducting such business in the applicable tax jurisdictions. Hence, we strongly encourage all our merchants to consult their own tax consultants and register for a VAT identification number and reserve such VAT dues accordingly.
- Refrain from inflicting any kind of damage to our systems. You agree to avoid interfering or disrupting our services by distributing a virus or any other harmful computer code.
- Your suggestions and ideas are always welcome. They will help us in improving our services as well as your experience. Any kind of unsolicited ideas or materials that you submit to BINGABINGA are considered as non-confidential and non-proprietary to you. You willingly grant us a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license to use and publish the shared materials and ideas for any purpose without any claims for compensation for the same.
BINGABINGA unilaterally reserves the right without giving any notice, without refunding any fees to take the following actions:
- Delay or immediately remove content
- Issue warning to BINGABINGA’s community of a merchant’s actions
- Issue warning to a merchant
- Temporarily suspend a merchant
- Temporarily or indefinitely suspend the account privileges of a merchant
- Terminate a merchant’s account
- Prohibit access to the site
- Take legal and technical steps to restrict a merchant off the site
- Refuse to provide services to a merchant if any of the following applies:
Breach of agreement by a merchant
Breach the privacy and merchant policy
Breach other policy documents
Breach community guidelines
If BINGABINGA fails to verify or authenticate any of your personal information or content
If BINGABINGA feels that a merchant is acting inconsistently with the letter or spirit of BINGABINGA’s policies
- If a merchant has engaged in any kind of fraudulent activity in connection with BINGABINGA
If a merchant’s action has caused any kind of financial loss or legal liability to BINGABINGA or its merchants
11. Your Privacy
12. Warranties and Limitation ofLiability
Items You Purchase. The items on BINGABINGA’s marketplace are produced and sold directly by independent sellers. BINGABINGA is responsible only for providing the venue. Hence, BINGABINGA cannot and does not make any warranties about their quality, safety, or even their legality. BINGABINGA does not manufacture, storeorinspectanyoftheitemssoldthroughitsServices.Any sort of legal claim pertainingto an item needs tobe raised directly against the seller of the item. BINGABINGA is independent of any claims pertaining to items sold through its services, including defective items, misrepresentations by sellers or items that caused physical injury.
Content You Access. No representation is claimed by BINGABINGA with regards to any content posted by the user via its services. BINGABINGA owes no responsibility for any offensive or inappropriate content that is posted using its services. BINGABINGA cannot be heldaccountable for the accuracy, copyright compliance, legality or decency of content posted by users and which is accessed viathe Services.
People You Interact With. It is permissible for you to use BINGABINGA’s Services to interact with other individuals, either online or in person. However, you understand that BINGABINGA does not screen users of its Services. Hence you need to release BINGABINGA from all liability pertaining to your interactions with other users. You are advised to exercise care, and good judgment in all your interactions with others. You need to be careful especially if you are meeting someone in person.
Third-Party Services.BINGABINGA does not own or control any links contained within services pointing to third-party websites or services. It is understood that you as a merchant/seller may also need to use a third party’s product or service in order to avail some of our Services (such as a compatible mobile device to use our mobile apps). You can access these third-party services, at your own risk. It is understood that you may be required to accept the terms of the third parties. BINGABINGA is independent of those agreements; they are solely between you and the third party.
Warranties.BINGABINGA is inclined towards making its Services the best; however, it does not claim to be perfect and things maytend to backfire at times. It is understood that the services offered via BINGABINGA are provided “as is” and without any kind of warranty. BINGABINGA disclaims any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
BINGABINGA does not guarantee that:
(i) The Services will be secure or accessible at any particular time or location
(ii) Any defects or errors will be rectified
(iii) The Services will be devoid of viruses or other harmful materials
(iv)The results of using the Services will fulfill your expectations. You avail the services entirely at yourownrisk.Somejurisdictionsdonotpermitlimitationsonimpliedwarranties,so the above limitations may not be applicable toyou.
Liability Limits. Under any circumstances/event BINGABINGA, and its subsidiaries, officers, directors, employees or BINGABINGA's suppliers will not be responsible 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, BINGABINGA's services, or this agreement, including but without limitation, lostprofits,bodilyinjury,emotionaldistress,oranyspecial,incidentalorconsequential damages.
BINGABINGA and its subsidiaries, officers, directors, employees, and suppliers are legally responsible to you or any third partiesin the following circumstances:
a. Theamountoffeespayable byyoutoBINGABINGAinthe12monthspriortotheactiongivingrisetoliability.
b. The exclusion or limitation of incidental or consequential damagesis not permissible by some states, so the above limitation or exclusion may be applicable to you.
In the unfortunate event of BINGABINGA being sued on account of any of your actions, you agree to defend and cover uslegally. You will need to defendBINGABINGA(includinganyofouremployees)andshield usfrom any legal claim or demand (including reasonable attorney’s fees) that arisesas an outcome of your actions, your usage (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’srights.
14. No Guarantee
BINGABINGA is not liable guarantee usable, timely, secure, correct, continuous, and uninterrupted access to the Site. It also does not guarantee any interruptions in terms of operation of the Site owing to numerous factors which are outside its control. BINGABINGA won’t be responsible if any of its services break down including (but without limitation) system corruption or other situations that may impact the receiving, processing, testing, completion, or settlement of transaction.
15. Legal Compliance; Taxes
You need to be in agreement that you shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations pertaining to your usage of the Site and any of the services of BINGABINGA, and if applicable, your listing, solicitation of offers to purchase, and sale of items. Additionally, you will be responsible to pay any and all the applicable taxes to the sale of any items that you make via the site. This excludes any taxes pertaining to BINGABINGA’s net income.
16.Sales, Custom, and Value Added Taxes
In order to stay compliant with respective consumer legislations, BINGABINGA strongly encourages its merchants to maintain good standing pertaining to custom and value added taxes or VAT as applicable. Owing to different and applicable tax jurisdictions, purchases are likely to be subject to specific sales, custom, or value added taxes, and the time involved in shipping and any associated cost may also increase.
Merchants who conduct sales regularly on the BINGABINGA platform may be required to reserve for VAT. Although BINGABINGA does not need sellers to have a VAT number to conduct sales in the BINGABINGA marketplace, merchants may need to pay for VAT to carry out business within the applicable tax jurisdictions. BINGABINGA strongly recommends and encourages its merchants to consult with their respective tax consultants and register for a VAT identification number and reserve such VAT dues accordingly. You need to be in agreement that you will be responsible for all tax collection and payment among all parties of this agreement.
17. BINGABINGA Service
BINGABINGA reserves the right to either modify or terminate the BINGABINGA service for any reason without giving prior notice. BINGABINGA also reserves the right to alter these Terms of Service or other Site policies at any time. Hence, BINGABINGA urges the merchants to review the policies frequently. In case BINGABINGA makes a material change, you will be notified by email, via a notice on our homepage, or other places BINGABINGA deems as appropriate. What entails a ‘material change’ is left to the sole discretion of BINGABINGA, in good faith, and using common sense and reasonable judgment.
19. Fees and billing
Sections on Fees and Billing, Your Content, Disputes with BINGABINGA, BINGABINGA’s Intellectual Property, Breach, Your Privacy, Warranties and Limitation of Liability, Indemnity, No Guarantee, Sales, Custom and Value-added taxes, Severability, BINGABINGA service, Choice of Law shall survive any termination or expiration of this Agreement.
If any provision of this Agreement is considered as non-enforceable, then such provision will undergo modificationto reflect the parties' intention. All remaining provisions of this Agreement shall continue to remain in full force and effect.
It is understandable that you and BINGABINGA are independent contractors. Hence no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or formed by this Agreement. Merchants do not hold the right to representBINGABINGA and create or accept any offers or acceptance. It is understood that merchants cannot make any statements under any circumstance which may lead tocreating any kind of conflict with this term. This agreement does not ascertain an exclusive partnership to be existentbetween merchants and BINGABINGA.
22. Changes to theTerms
BINGABINGA reserves the right to update these Terms from time to time. In case of material changes, BINGABINGA will certainly update you by doing one (or more) of the following:
2. Updating you viaanemailormessage about the changes. This gives you the leverage to decide whether you wish to continue using the services. The changes will be effective as soon as they are posted. You are responsibleforreviewingandfamiliarizingyourself withanychanges.
23. Choice ofLaw
This Agreement shall in all respects be interpreted and construed with and by the laws of Hong Kong.
Any notices shall be dispatched via postal mail to BINGABINGA, 711room,Shangdu International Center, Chaoyang District, Beijing, China (in the case of BINGABINGA) or, in your case, to the email address that you provided to BINGABINGA (either during the registration process or when your email address changes). This notice will be considered as proof of service 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, BINGABINGA may send you notice by certified mail, postage prepaid and return receipt requested, to the address provided to BINGABINGA.In such case, the notice shall be deemed as proof of service three days after the date of mailing.
The services listed here are offered by BINGA TECHNOLOGY LIMITED, located at711room, Shangdu International Center Chaoyang District, Beijing, China.