1.SCOPE AND AGREEMENT
2. MEMBERSHIP ELIGIBILITY
- 2.1 HIPSTORES's services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. You represent and warrant that all registration information you submit is accurate and truthful. Beacon Digital Co, Ltd,. may, in its sole discretion, refuse to offer access to or use of HIPSTORES to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access HIPSTORES is revoked in such jurisdictions. Individuals under the age of 18 must at all times use HIPSTORES's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this case, the adult is the user and is responsible for any and all activities.
- 2.2 No individual should have more than one single account at any time. HIPSTORES has the right to limit an individual to one account when it deems it necessary to protect its users from fraud, or the risk of fraud.
- 2.3 Accounts must be registered only by the individual seeking membership. Registration of accounts in a name other than the registrant's, fictitious or real, is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. Beacon Digital Co, Ltd,. prosecutes fraud to the fullest extent of the law.
- 2.4 You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by HIPSTORES's policies as stated in the Agreement and the HIPSTORES policy documents listed below (if applicable to your activities on or use of HIPSTORES) as well as all other operating rules, policies and procedures that may be published from time to time on HIPSTORES by Beacon Digital Co, Ltd,., each of which is incorporated herein by reference and each of which may be updated by Beacon Digital Co, Ltd,. from time to time without notice to you.
- 2.6 Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify us of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Beacon Digital Co, Ltd,. without Beacon Digital Co, Ltd,.' express written permission.
- 2.7 You must keep your account information up-to-date and accurate at all times, including a valid email address. To give and take products on HIPSTORES you must provide and maintain authentic personal information such as valid phone number and email address.
- 2.8 You may not transfer or sell your HIPSTORES account and User ID to another party.
3. USING HIPSTORES
- 3.1While using HIPSTORES and/or the Website, and any Communication Services (as defined in clause .11.3 below) you will not: post content or products which fall under an inappropriate category or areas on HIPSTORES or our Website; violate any laws, third party rights, or our policies such as the Prohibited and Restricted products Policy (as defined and of which details are set out below); use our sites or services if you are not able to form legally binding contracts under the applicable laws, are under the age of 18, or are suspended from HIPSTORES. Manipulate the price of any product or interfere with other users' listings; circumvent or manipulate our fee structure, the billing process or fees owed to the us; post false, inaccurate, misleading defamatory, libelous content or personal or private information in relation to other users; distribute or post spam, chain letters, or pyramid schemes; distribute through HIPSTORES of any viruses, worms or any other technologies that may harm or cause detriment to our interests, the interests of HIPSTORES, the Website or the interests or property of other HIPSTORES users; defame, abuse, harass, stalk, threaten or otherwise breach the legal rights (such as rights of privacy and publicity) of others; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; restrict or inhibit any other user from using and enjoying the Communication Services; breach any code of conduct or other guidelines which may be applicable for any particular Communication Service; copy, modify and/or distribute content from the Website and its sub-domains, including our copyrights and trademarks; or harvest or otherwise collect any data or information about users (which may be private or otherwise) without their consent.
- 3.2 Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content, and take technical and legal steps to keep users off HIPSTORES if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
- 3.3 We have no obligation to monitor any services provide on HIPSTORES. However, we reserve the right to review any posted materials and to remove any materials in our sole discretion. We reserve the right to terminate your access to HIPSTORES at any time without notice if we reasonably believe that you have breached these terms.
4.FEES AND RENEWALS
- 4.1 From time to time, we may offer different subscription terms, and the membership plan fees for such subscriptions may vary. The membership fees are non-refundable except as expressly set forth below. We will give you notice by email of your monthly or annual renewal (whichever applies) no less than seven (7) calendar days before your monthly or annual renewal date.
- 4.2 Unless you notify us before the renewal date of your membership that you want to cancel, your subscription will automatically renew and you authorize us (without notice to you) to collect the then applicable membership fees, using any valid payment source we have on record for you.
- 4.4 Merchant Fees: Merchant agree to pay HIPSTORES the applicable "Transaction Fee", which is defined in the Attachment section, when the transaction for the goods is complete. If applicable, the Transaction Fee amount will de deduct from merchants transferable about which is stated on merchant dashboard. Both the Transaction Fee and Shipping Fee are subtracted from merchant's earnings.
- 4.5 Redeeming Earnings: HIPSTORES shall transfer earnings to merchant's bank account upon merchant's request by transfer request from merchant dashboard. HIPSTORES may ask for merchant's User Information including bank account information to secure the transfer and the purchasing, and may retain the earnings until merchant's User Information has been verified and confirmed. If a merchant does not make a request to redeem his or her earnings within one year after the transaction is complete or if merchant does not provide bank account information for an account into which HIPSTORES can transfer the funds, Merchant agrees to forfeit such earnings.
- 4.7 If you fail to provide an on-time full-subscription payment, Beacon Digital Co, Ltd,. reserves the right to cancel your account. If you are enrolled in an annual plan, Beacon Digital Co, Ltd,. reserves its right to deem such failure to be a notice of cancellation and cancel your account at the end of such 30-day notice period. During the 30-day notice period, you will continue to have access to the Website and services and will be charged a monthly fee.
5. Payment and Execution of Transactions
- 5.1 Formation of a Sales Contract: A sales contract for a product will be formed when the customer completes the steps for purchasing a product as prompted on the merchant's store, but before payment is made by a customer. The merchant and the customer shall not assign to a third party, provide as security, or otherwise dispose of their rights and obligations arising under such sales contract.
- 5.2 Payments by customer and delivery: If a sales contract is formed, the customer shall pay the total amount of the product price and any applicable fees. If delivery fee for a product will be paid by the merchant, it will be included in the listed product price, and if delivery fee will be paid by the customer, the product will be delivered after the customer pays the product price and delivery fee. A merchant shall deliver a product after the customer has completed his or her payment.
- 5.3 Cancellation of a Transaction: Cancellation of a transaction is not permitted once the product has been ordered by a customer. However, HIPSTORES may allow the cancellation of an order if a customer does not make a payment or does not pay in time, or for other reasons HIPSTORES deems appropriate. If a customer receives an product that's not as described in the storefront or is sent the wrong product, the customer must report the problem to merchant. Merchant has obligation to solve this problem as soon as possible. You also agree that HIPSTORES shall not have any liability to this problem.
- 5.4 Payment Procedure: Any payment by a customer in connection with the Service shall be made through HIPSTORES and its designated payment processor and the details of such payment or settlement shall be subject to the rules set forth in the Attachment Section. You agree that you as a merchant assign HIPSTORES and its designated payment processor as agents only for payment for a merchant in the payment procedure process. A customer's obligation to a merchant for the purchase price shall be extinguished upon receipt by HIPSTORES of the purchase price. You also agree that HIPSTORES shall not have any liability to you for any payments made through HIPSTORES's designated payment processor. Payments to merchants shall be made through HIPSTORES and are further outlined in terms 4 above. Receipts may not be issued to users for payments made or received on the Service by transfer request. A user's responsibility for bank transfer fees and other costs required to make or receive a payment shall be subject to the rules set forth in the Attachment section.
6. HIPSTORES IS A VENUE
- 6.1You acknowledge that HIPSTORES is a venue for sellers of products to display their products and for buyers to find products of interest to them. Beacon Digital Co, Ltd,. and HIPSTORES are not involved in the actual transaction between buyers. Beacon Digital Co, Ltd,. and HIPSTORES have no control over and do not guarantee the quality, safety or legality of products advertised, the ability of sellers to sell their respective products, the ability of buyers to pay for products, the truth or accuracy of the representations made by users in respect of their products listed on HIPSTORES. Beacon Digital Co, Ltd,. and HIPSTORES cannot provide any assurance for whether exchange of communication or statements of intention between buyers and sellers to conclude a transaction between users through HIPSTORES will ultimately be consummated with an exchange of consideration for products or services.
- 6.2 You will not hold Beacon Digital Co, Ltd,. nor HIPSTORES responsible for other loss, injury, claim, liability, or damage ("Loss") related to your use of any Linked Website ("Linked Website"), including, without limitation, if this Loss related to users' content, actions or inactions or their statements and representations made through HIPSTORES's instant messaging service or posted on HIPSTORES.
- 6.4 In the event that a dispute arises between you and one or more users, you release Beacon Digital Co, Ltd,. and HIPSTORES (and our staff, subcontractors and all affiliated parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- 6.5 We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe exchange when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and Beacon Digital Co, Ltd,. and HIPSTORES is not responsible for the acts or omissions of users on HIPSTORES.
- 6.6 We aim to update the Website regularly and can change the content at any time. We will use our reasonable efforts to keep the Website available to you, but if necessary, we may suspend access to the Website, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period.
- 6.7 The Website and some of the articles on the Website contain links to other resources and businesses on the Internet. We provide these citations and aids to help you identify and locate other Internet resources that may be of interest. The citations do not mean that we sponsor, are affiliated to or associated with, or legally authorized to use, any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol in the links. Our liability for your use of the Website is set out in the Liability Disclaimer section below.
- 6.8 Certain services made available via HIPSTORES may be delivered by third parties. By using any product, service or functionality originating from the Website domain or HIPSTORES, you acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality for the Website's users and customers.
7. PROHIBITED, QUESTIONABLE AND INFRINGING PRODUCTS AND ACTIVITIES
- 7.1 You are solely responsible for your conduct and activities on and regarding HIPSTORES and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, products, and links (together, "Content") that you submit, post, and display on HIPSTORES.
- 7.2 Your Content and your use of HIPSTORES shall not:
- 7.2.1 be false, inaccurate or misleading
- 7.2.2 be fraudulent or involve the transaction of illegal, counterfeit or stolen products
- 7.2.3 infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
- 7.2.4 violate this Agreement, any site policy, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, anti-discrimination or false advertising)
- 7.2.5 contain products that have been identified by the Thailand Consumer Goods Safety Ordinance as hazardous and therefore subject to a recall
- 7.2.6 be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person(including HIPSTORES staff or Beacon Digital Co, Ltd,. staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- 7.2.7 be obscene or contain child pornography
- 7.2.8 contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- 7.2.9 post images not part of a listing
- 7.2.10 modify, adapt or hack the Website or HIPSTORES or modify another website or create a another mobile device application so as to falsely imply that it is associated with HIPSTORES or Beacon Digital Co, Ltd,.
- 7.2.11 Appear to create liability for Beacon Digital Co, Ltd,. or cause Beacon Digital Co, Ltd,. to lose (in whole or in part) the services of Beacon Digital Co, Ltd,.' ISPs or other suppliers; or
- 7.3 Beacon Digital Co, Ltd,. reserves the right to remove any Content posted by any user onto HIPSTORES which fall under any of the categories as described in clause 6.2.1 to 6.2.12 above or any Content which is inappropriate for posting on HIPSTORES in the sole discretion of Beacon Digital Co, Ltd,.
- 8.1 We will not own the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any Beacon Digital Co, Ltd,. through the HIPSTORES Platform or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting Beacon Digital Co, Ltd,., its affiliated companies and necessary sub-licensees a license solely to enable Beacon Digital Co, Ltd,. and HIPSTORES to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. You grant Beacon Digital Co, Ltd,. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in any Submission you provide to Beacon Digital Co, Ltd,. through HIPSTORES.
- 8.4 By providing a Submission to Beacon Digital Co, Ltd,. through HIPSTORES, it becomes possible for a third party website or a third party person to re-post that Submission. You agree to hold Beacon Digital Co, Ltd,. harmless for any dispute concerning this use. If you choose to display your own HIPSTORES -hosted image on another website, the image must provide a link back to its listing page on the Website.
- 8.5 By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
- 9.1 Users may arrange and attend in-person meetings ("Meetings") with one or more individuals through HIPSTORES. Users are solely responsible for interactions with others. Users must comply with the terms of this Agreement and
- 9.2 Beacon Digital's policies and acknowledge and agree to comply with the law of Thailand, during the course of the Meeting. Additional eligibility requirements for a particular Meeting may be set by the group's contact person. Beacon Digital Co, Ltd,. is not involved with Meetings arranged between different users of HIPSTORES.
Beacon Digital Co, Ltd,. does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for their interactions with other users. Users understand that Beacon Digital Co, Ltd,. takes steps to verify the identity of a user but does not in any way screen or perform background checks on its users. All users agree to and acknowledge that they bear all risk in electing to attend Meetings which take place both online and offline. We encourage all users to exercise caution and good judgment in all interactions with other users, particularly if meeting offline or in person.
10. LINKS TO THIRD PARTY WEBSITES / THIRD PARTY SERVICES
- 11.3 Always use caution when giving out any personally identifying information about yourself or your children when using any communication services featured on HIPSTORES, including without limitation, bulletin board services, chat areas, communities, and/or other communication facilities designed to enable you to communicate with other users or the public at large ("Communication Services"). We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not our authorized spokespersons and their views do not necessarily reflect our views.
- 11.4 We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our discretion.
12. NO UNLAWFUL OR PROHIBITED USE
13. INTELLECTUAL PROPERTY
- 13.1 Beacon Digital Co, Ltd,., HIPSTORES, and other Beacon Digital Co, Ltd,. and HIPSTORES graphics, logos, designs, page headers, button icons, scripts, and service names are the intellectual properties of Beacon Digital Co, Ltd,. and may not be used, including as part of trademark and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
- 13.2 The names of actual companies and products mentioned on HIPSTORES may be the trademarks of their respective owners.
- 14.2 You understand and agree that your use of the Website after the date on which the Agreement has changed will be treated as acceptance of the updated Agreement.
- 15.1 You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website.
- 15.2 Our performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
- 15.3 If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
- 15.4 Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the Website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the Website.
- 15.8 A printed version of the Agreement, and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
- 16.1 If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
17. GOVERNING LAW AND DISPUTE RESOLUTION
- 17.2 Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, including any claim that this Agreement or any part of this Agreement is invalid, illegal, or otherwise voidable or void, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules then in force. The appointing authority and the place of arbitration shall be the Thailand International Arbitration Centre. There shall be only one arbitrator. The language of the arbitration shall be English. Any award of the arbitrator shall be enforceable by any court having jurisdiction over the party against which the award has been rendered.
18. LIABILITY DISCLAIMER
- 18.1 THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE WEBSITE. Beacon Digital Co, Ltd,. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
- 18.2 ALTHOUGH Beacon Digital Co, Ltd,. WILL USE ITS REASONABLE EFFORTS TO KEEP THE WEBSITE AVAILABLE AND THE INFORMATION ON THE WEBSITE REASONABLY ACCURATE, Beacon Digital Co, Ltd,. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
]OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Beacon Digital Co, Ltd,. AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- 18.4 FEE PAYING MEMBERS: Beacon Digital Co, Ltd,.'S LIABILITY TO YOU FOR ANY LOSS OR DAMAGE IS LIMITED TO DAMAGES OF AN AMOUNT EQUAL TO THE SUBSCRIPTION FEE RECEIVED BY Beacon Digital Co, Ltd,. FOR THE SUBSCRIPTION PERIOD IN WHICH THE LIABILITY AROSE.
- 18.5 Under this clause 18:
"Beacon Digital Co, Ltd,.' liability" includes that of any company in our group and our and their respective agents employees, sub-contractors; "you" includes any other party claiming through you; "Loss or damage" includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with use of the website, whether under this agreement or other agreement or as a result of any misrepresentation, misstatement or tortious act or omission, including neglgience. this section of the terms & conditions does not affect claims relating to death or personal injury caused by negligence and does not limit or exclude any liability for fraudulent misrepresentation. July 2015
- Service Fees for HIPSTORES Merchants:
- STARTER Plan fee: 700THB per month (Excluding VAT 7%)
- Fee for receiving payment via Visa, Mastercards: 5% of value of goods and/or services (Excluding VAT 7%)
- Transfer fee: 30THB for each transfer request (Including VAT 7%)
In this regard, HIPSTORES reserves its right to change the rate of above fee as they think appropriate, from times to times, by sending advance notice to Merchant at least 30 (thirty) day.