PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Welcome to www.likepax.com! These Terms of Use describe the terms and conditions applicable to your access and use of the websites, mobile sites, mobile applications, and other portals owned, operated, branded, or made available by Likepax.com (defined below) from time to time, which relate to the Likepax e-commerce platform, including but not limited to the web and mobile-optimized versions of the websites identified by the uniform resource locator “www.likepax.com” and the mobile applications of the Likepax.com e-commerce platform (the “Sites”). This document is a legally binding agreement between you as the user(s) of the Sites (referred to as “you”, “your”, or “User” hereinafter) and the Likepax.com contracting entity determined in accordance with clause 2.1 below (referred to as “we”, “our”, or “Likepax.com” hereinafter).
1. Application and Acceptance of the Terms
1.1 Your access to and use of the Sites and Likepax.com’s services, software, and products through the Sites, which shall include the platforms described in clause 7.1 of the Terms (such services, software, and products collectively referred to as the “Services” hereinafter), is subject to the terms and conditions contained in this document, as well as the Privacy Policy (defined in clause 3.3 below), the Product Listing Policy, and any other rules and policies of the Sites that Likepax.com may publish from time to time. This document and such other rules and policies of the Sites are collectively referred to below as the “Terms”. By accessing and using the Sites and Services, you agree to accept and be bound by the Terms. Please do not access or use the Services or the Sites if you do not accept all of the Terms.
1.2 You may not access or use the Services or the Sites and may not accept the Terms if:
- (a) You are not of legal age (for example, under 18 years old if you are in the European Union (EU) and the European Economic Area (EEA)) to form a binding contract with Likepax.com;
- (b) You are not permitted to receive any Services under the laws of Hong Kong or other countries/regions, including the country/region in which you are resident or from which you access and use the Services and the Sites;
- (c) You will not use the Sites in your role as a business entity/professional.
You acknowledge that the Sites and the Services are not intended for consumers.
1.3 Likepax.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. Likepax.com will inform you of any material change to the Terms by posting the relevant changes on the Sites. By continuing to access or use the Services or the Sites, you agree that the amended and restated Terms will apply to you.
1.4 If Likepax.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your access to and use of the Services or the Sites.
1.5 You may be required to enter into separate agreement(s), whether online or offline, with Likepax.com or our affiliate for any Service (or features within the Services) (each an “Additional Agreement”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service (or feature within the Service) concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Likepax.com.
2. Provision of Services
2.1 If you are a registered member of any of the Sites and you are from mainland China, you are contracting with Hangzhou Likepax Advertising Co., Ltd.
If you are a registered member of any of the Sites and either:
- (a) You are from a place outside mainland China; or
- (b) You access and use the Likepax Sites from any of the Relevant Jurisdictions,
you are contracting with Likepax.com Singapore E-Commerce Private Limited (incorporated in Singapore with Company Reg. No. 200720572D).
As some or part of the Services may be supported and provided by affiliates of Likepax.com, Likepax.com may delegate some of the Services to its affiliates.
“Relevant Jurisdictions” shall mean the Russian Federation, Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Tajikistan, and Uzbekistan.
2.2 You must register as a member on the Sites to access and use some Services. Further, Likepax.com reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that Likepax.com may impose in our discretion.
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof (or the same type and extent of the Service or features and functions thereof) will be available for Users. Likepax.com may, in our sole discretion, limit, deny, or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 Likepax.com may launch, change, upgrade, impose conditions on, suspend, or stop any Services (or any features within the Services) without prior notice, except that in the case of a fee-based Service, such changes will not substantially adversely affect the ability of such paying Users to enjoy that Service.
2.5 Some Services (or part thereof) may be provided by Likepax.com’s affiliates on behalf of Likepax.com.
2.6 Promotion Services provided by Likepax.com pursuant to the terms hereunder shall include:
- (1) Top Ranking and Sponsored Listing;
- (2) Services that benefit, promote, support (whether directly or indirectly) the business of the User, the User’s brand, product, store, logo, trademark, service mark, User Content (as defined in clause 3.7 of the Terms), and/or derivative work using the User Content on software, applications, tools, browser extensions, and/or platforms operated and/or controlled by Likepax.com (“Likepax Channels”) and/or on software, applications, channels, platforms, websites, and/or any other forms of media that are operated and/or controlled by third parties (“Third Party Channels”); and
- (3) Any such other services as may be announced by Likepax.com from time to time.
Likepax.com shall be entitled, at its sole discretion, to determine whether the Promotion Services (or any part thereof) will be available to you.
3. Users Generally
3.1 As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when accessing or using the Sites or Services.
3.2 You agree that:
- (a) You will not copy, reproduce, download, re-publish, sell, distribute, or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases, or listings, etc., available on or through the Sites (the “Site Content”); and
- (b) You will not copy, reproduce, download, compile, or otherwise use any Site Content for the purposes of operating a business that competes with Likepax.com or otherwise commercially exploiting the Site Content.
Systematic retrieval of Site Content from the Sites to create or compile (directly or indirectly) a collection, compilation, database, or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from Likepax.com is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
3.3 To know how we and our affiliates use and protect your personal information when using the relevant Site, please review our Privacy Policy at the following link: [Likepax.com Privacy Policy].
3.3.1 To know how we and our affiliates provide product recommendation results when you use the relevant Site, please review our Product Recommendation Rules at the following link: [Product Recommendation Rules].
3.4 Likepax.com may allow Users to access content, products, or services offered by third parties through hyperlinks (in the form of word links, banners, channels, or otherwise), API, or otherwise to such third parties’ websites. You are cautioned to read such websites’ terms and conditions and/or privacy policies before using the Sites. You acknowledge that Likepax.com has no control over such third parties’ websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites or any content, products, or services made available on or through such websites.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Likepax.com and/or any other User, nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action that may undermine the integrity of Likepax.com’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties, or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any logos, trademarks, service marks, brands, descriptions/information in the product listings, and any other information, content, or material on the Sites (any of such information, content, or material, collectively referred to as “User Content”) or providing any User Content to Likepax.com and/or its affiliates and their respective representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Likepax.com and/or its affiliates and their respective representative(s) to:
- Display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, edit, translate, create derivative works using the User Content;
- Remove any part of it (including, without limitation, the watermark or mark the User Content bears); and
- Otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner on the Sites, Likepax Channels, and/or Third Party Channels, and for any purpose which may be beneficial (whether directly or indirectly) to Likepax.com, the operation of the Sites, the provision of any Services and Promotion Services, and/or the business of the User.
You confirm and warrant to Likepax.com that you have all the rights, power, and authority necessary to grant the above license, and the User Content (and use of such User Content, including derivative works) by Likepax.com and/or its affiliates under such license is free from any infringement or violation of any Third Party Rights (as defined in clause 5.4 of the Terms).
To the maximum extent permitted by law, you waive your right to enforce your Intellectual Property Rights in the User Content against Likepax.com and/or its affiliates, assignees, or sub-licensees in connection with the use of such User Content in connection with the Services.
Information that is protected under data protection laws will only be used and kept in compliance with those laws.
4. Member Accounts
4.1 User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member” below). Except with Likepax.com’s approval, one User may only register one member account on the Sites. Likepax.com may cancel or terminate a User’s member account if Likepax.com has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts. Further, Likepax.com may reject a User’s application for registration for any reason.
4.2 Upon registration on the Sites, Likepax.com shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur under your account (whether such use or activities are authorized or not).
No Member may share, assign, or permit the use of your Member account, ID, or password by another person, even to other individuals within the Member’s own business entity (where applicable).
Member agrees to notify Likepax.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 Member agrees that all use of the Sites and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account, or sending SMS) will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to Likepax.com or other Users of the Sites.
Member shall indemnify Likepax.com, our affiliates, directors, employees, agents, and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account.
Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Likepax.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.
5. Member’s Responsibilities
5.1 Each Member represents, warrants, and agrees that:
- (a) You have full power and authority to accept the Terms, to grant the license and authorization, and to perform the obligations hereunder;
- (b) Your access to and use of the Sites and Services will be for business purposes only; and
- (c) For Members who are business entities, the address you provide when registering is the principal place of business of your business entity.
For purposes of this provision, a branch or liaison office will not be considered a separate entity, and your principal place of business will be deemed to be that of your head office.
5.2 Member will be required to provide information or material about your entity, business, or products/services as part of the registration process on the Sites for your access to and use of any Service or the member account. Each Member represents, warrants, and agrees that:
- (a) Such information and material (whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service) is true, accurate, current, and complete; and
- (b) You will maintain and promptly amend all information and material to keep it true, accurate, current, and complete.
5.3 Upon becoming a Member, you consent to the inclusion of the contact information about you in our database and authorize Likepax.com and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.
5.4 Each Member represents, warrants, and agrees that:
- (a) You shall be solely responsible for obtaining all necessary third-party licenses and permissions regarding any User Content that you submit, post, or display;
- (b) Any User Content that you submit, post, or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets, or any other personal or proprietary rights of any third party (“Third Party Rights”);
- (c) You have the right and authority to sell, trade, distribute, or export (or offer to sell, trade, distribute, or export) the products or services described in the User Content, and such sale, trade, distribution, or export (or offer) does not violate any Third Party Rights; and
- (d) Neither the Member nor any of its related persons have been banned or removed from any major e-commerce platforms, or otherwise implicated in selling counterfeit or pirated products online.
5.5 Each Member further represents, warrants, and agrees that the User Content that you submit, post, or display shall:
- (a) Be true, accurate, complete, and lawful;
- (b) Not be false, misleading, or deceptive;
- (c) Not contain information that is defamatory, libelous, threatening, harassing, obscene, objectionable, offensive, sexually explicit, or harmful to minors;
- (d) Not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- (e) Not violate the Product Listing Policy, other Terms, or any applicable Additional Agreements;
- (f) Not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, price gouging, or false advertising) or promote any activities which may violate any applicable laws and regulations; and
- (g) Not contain any link (directly or indirectly) to any other websites which include any content that may violate the Terms.
5.6 Each Member further represents, warrants, and agrees that you shall/are:
- (a) Carry on your activities on the Sites in compliance with any applicable laws and regulations;
- (b) Conduct your business transactions with other users of the Sites in good faith;
- (c) Carry on your activities in accordance with the Terms and any applicable Additional Agreements;
- (d) Not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
- (e) Not impersonate any person or entity or misrepresent yourself or your affiliation with any person or entity;
- (f) Not engage in spamming or phishing;
- (g) Not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
- (h) Not involve attempts to copy, reproduce, exploit, or expropriate Likepax.com’s various proprietary directories, databases, and listings;
- (i) Not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting, or expropriating any software or hardware system, data, or personal information;
- (j) Not involve any scheme to undermine the integrity of the data, systems, or networks used by Likepax.com and/or any user of the Sites or gain unauthorized access to such data, systems, or networks;
- (k) Not (and your director(s), officer(s), controlling party/ies, affiliates, and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not) persons or entities that are subject to any economic or fraud sanctions of any governmental, international, or regulatory entities; and
- (l) Not engage in any activities that would otherwise create any liability for Likepax.com or our affiliates.
5.7 Member may not use the Sites, Services, or member account to engage in activities which are identical or similar to Likepax.com’s e-commerce marketplace business.
5.8 If Member provides a business referee, Member represents, warrants, and agrees that you have obtained all necessary consents, approvals, and waivers from such referee to:
- (a) Act as your business referee;
- (b) Post and publish their contact details and information, reference letters, and comments on their behalf; and
- (c) Allow third parties to contact such business referees to support claims or statements made about you.
You further warrant and agree that all reference letters and comments are true and accurate, and third parties may contact the business referees without the need to obtain your consent.
5.9 Member agrees to provide all necessary information, materials, and approval, and render all reasonable assistance and cooperation necessary for Likepax.com’s provision of the Services, evaluating whether Member has breached the Terms, and/or handling any complaint against the Member.
If Member’s failure to do so results in delay, suspension, or termination of the provision of any Service, Likepax.com shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension, or termination.
5.10 Member acknowledges and agrees that Likepax.com reserves the right to, but shall not be required to, actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content) created, obtained, or accessible through the Services or Sites.
Likepax.com does not endorse, verify, or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed, or otherwise made by any Member.
Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
5.11 Member acknowledges and agrees that the Sites and Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
5.12 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.
5.13 Each Member represents, warrants, and agrees that:
- (a) You and your affiliates shall comply with applicable laws and regulations in conducting your respective business (including without limitation applicable laws and regulations with respect to product safety, intellectual property rights, data privacy, consumer protection, product or regulatory certification, import and export control, unfair competition, price gouging, false advertising, labor, environment, health and safety, anti-bribery, and anti-money laundering);
- (b) You and your affiliates are not the subject of any trade restrictions, sanctions, or other legal restrictions enacted or proposed to be enacted by any country, international organization, or jurisdiction (“Relevant Subjects”);
- (c) You and your affiliates are not offering products or services that would likely trigger any international trade restrictions, sanctions, or other legal restrictions by any Relevant Subjects;
- (d) Neither you nor any of your parent companies or affiliates, directly or indirectly, deals with or provides any funds, goods, or services to Relevant Subjects;
- (e) You will at all times comply with all applicable export control and sanctions laws and regulations with regard to products, services, software, and technologies in using the Services, including sanctions resolutions, laws, and regulations enacted and enforced by the UN Security Council, the People’s Republic of China, the United States of America, and any other country;
- (f) If you and your affiliates are a Seller of products that require a warning under California Health & Safety Code Section 25249.6 (a “Proposition 65 Warning”), you:
- (i) Will promptly display a Proposition 65 Warning on the product detail page as required under the relevant law;
- (ii) Authorize Likepax.com to display a Proposition 65 Warning on your behalf; and
- (iii) Will only revise or remove a Proposition 65 Warning for a product when the prior warning needs to be modified or is no longer legally required, as the case may be;
- (g) You and your affiliates are responsible for your products’ compliance with the laws and regulations of the local country/region, the country/region of destination, and other applicable international conventions, including but not limited to labor laws and standards, such as the Forced Labour Convention, 1930 and the Abolition of Forced Labour Convention, 1957. If a product is not permitted to be possessed, sold, purchased, exported, imported, or manufactured in one or more country/regions, Sites reserve the right to remove the listing of such product from, or stop the sale of any such product in, those country/regions; and
- (h) You certify and commit that the products and services that you offer to the Users in the EU comply with the applicable rules of EU law.
If, at any time, you fail to meet any of the above requirements, you should stop using the Services immediately.
If Likepax.com reasonably believes that any of your conduct violates or threatens to violate any applicable laws and regulations, Likepax.com may, at its sole discretion, at any time take action as it may deem appropriate in light of the circumstances, including, but not limited to:
- Terminating the provision of Services to you;
- Closing relevant purchase orders; and
- Terminating your accounts,
while reserving all rights it may have regarding any non-compliant actions or conduct of its members.
6. Breaches by Members
6.1 Likepax.com reserves the right in our sole discretion to remove, modify, or reject any User Content (in whole or in part) that you submit to, post, or display on the Sites which we reasonably believe:
- (i) Violates any applicable laws and regulations;
- (ii) Violates the Terms hereunder;
- (iii) Could subject Likepax.com or our affiliates to liability;
- (iv) Infringes any Third Party Rights;
- (v) Could harm the interests of our Members, third parties, or Likepax.com or our affiliates; or
- (vi) Is otherwise found inappropriate in Likepax.com’s sole discretion.
6.2 If any Member breaches any Terms, or if Likepax.com has reasonable grounds to believe that a Member is in breach of any Terms, Likepax.com shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:
- (i) Suspending or terminating the Member’s account and any and all accounts determined to be related to such account by Likepax.com in its sole discretion, without liability for any losses or damages arising out of or in connection with such suspension or termination;
- (ii) Restricting, downgrading, suspending, or terminating the subscription of, access to, or current or future use of any Service;
- (iii) Removing any product listings or other User Content that the Member has submitted, posted, or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display;
- (iv) Imposing other restrictions on the Member’s use of any features or functions of any Service as Likepax.com may consider appropriate in its sole discretion; and
- (v) Any other corrective actions, discipline, or penalties as Likepax.com may deem necessary or appropriate in its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
- (a) Upon complaint or claim from any third party, Likepax.com has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party, including without limitation where a Member who supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items such Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party;
- (b) Likepax.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counterparty;
- (c) Likepax.com has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading; or
- (d) Likepax.com believes that the Member’s actions may cause financial loss or legal liability to Likepax.com or our affiliates or any other Users.
6.4 Likepax.com reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
Further, to the extent permitted by applicable laws and policies, Likepax.com may disclose the Member’s identity, contact information, and/or information regarding the Member’s account(s), transactions, or activities carried out on or via the Site, if requested by a government, regulatory, or law enforcement body or an injured third party, or as a result of a subpoena or other legal action.
Likepax.com shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Likepax.com for such disclosure.
6.5 Likepax.com may, at any time and in our reasonable discretion, impose limitations on, suspend, or terminate the Member’s use of any Service or the Sites without being liable to the Member if Likepax.com has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Likepax.com, including without limitation Taobao, Alipay, China Yahoo!, and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities.
Likepax.com reserves the right to, but shall not be required to, investigate such breach or request confirmation from the Member.
6.6 Each Member agrees to indemnify Likepax.com, our affiliates, directors, employees, agents, and representatives and to hold them harmless, from any and all damages, losses, claims, and liabilities (including legal costs on a full indemnity basis) which may arise from:
- Your submission, posting, or display of any User Content;
- Your access to or use of the Sites or Services; or
- Your breach of the Terms or any Additional Agreements.
6.7 Each Member further agrees that Likepax.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Sites or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive, or illicit material, and that the risk of damage from such User Content or other material rests entirely with the Member.
Likepax.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Likepax.com in asserting any available defenses.
7. Transactions Between Buyers and Sellers
7.1 Through the Sites, Likepax.com provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. Likepax.com additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage, and fulfill orders for the provision of products and services online within the Sites, subject to the terms of the Transaction Services Agreement.
However, for any Services, Likepax.com does not represent either the seller or the buyer in specific transactions. Likepax.com does not control and is not liable or responsible for the quality, safety, lawfulness, or availability of the products or services offered for sale on the Sites, the ability of the sellers to complete a sale, or the ability of buyers to complete a purchase.
7.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Likepax.com uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Sites. However, because user verification on the Internet is difficult, Likepax.com cannot and does not confirm each User’s purported identity (including, without limitation, paying Members).
We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
7.3 Buyers and sellers accessing or using the Sites or Services shall assume the risks of conducting any purchase and sale transactions in connection with or through the Sites or Services.
Buyers and sellers accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Sites.
Examples of such risks shall include, but are not limited to:
- Misrepresentation of products and services;
- Fraudulent schemes;
- Unsatisfactory product quality;
- Failure to meet specifications;
- Defective or dangerous products;
- Unlawful products;
- Delay or default in delivery or payment;
- Cost miscalculations;
- Breach of warranty;
- Breach of contract;
- Transportation accidents;
- The risk that the manufacture, importation, export, distribution, offer, display, purchase, sale, and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights; and
- The risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands, or claims by claimants of Third Party Rights.
Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products, or other third parties that they have suffered injuries or harm from their use of the products obtained through the Sites or Services.
All of the foregoing risks are referred to as “Transaction Risks”.
Likepax.com is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions, or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.
7.4 Buyers and sellers on the Sites are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through, or as a result of use of the Sites or Services, including, without limitation, terms regarding:
- Payment;
- Returns;
- Warranties;
- Shipping;
- Insurance;
- Fees;
- Taxes;
- Title;
- Licenses;
- Fines;
- Permits;
- Handling;
- Transportation; and
- Storage,
subject to any additional obligations imposed under the Transaction Services Agreement (and in particular, clause 3.2).
7.5 User agrees to provide all information and materials as may be reasonably required by Likepax.com in connection with your transactions conducted on, through, or as a result of use of the Sites or Services.
Likepax.com has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials, without liability for any losses or damages arising out of or in connection with such suspension or termination.
7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Likepax.com (and our agents, affiliates, directors, officers, and employees) from all claims, demands, actions, proceedings, costs, expenses, and damages (including without limitation any actual, special, incidental, or consequential damages) arising out of or in connection with such dispute or the transaction.
7.7 The sellers declare, and the buyers acknowledge, that all the contents the sellers provide contain commercial communications.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY LIKEPAX.COM ON OR THROUGH THE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, AND LIKEPAX.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIKEPAX.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; LIKEPAX.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE, AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND LIKEPAX.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
8.3 Any material downloaded or otherwise obtained through the Sites or Services is done at each User’s sole discretion and risk, and each User is solely responsible for any damage to its own or to Likepax.com’s computer system(s) or any loss of data that may result from the download of any such material.
No advice or information, whether oral or written, obtained by any User from Likepax.com or through or from the Sites shall create any warranty not expressly stated herein.
8.4 The Sites may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Likepax.com or our affiliates be held liable for any such services or products.
8.5 Each User hereby agrees to indemnify and hold Likepax.com, our affiliates, directors, officers, and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s access to or use of the Sites or Services (including but not limited to the submission, posting, or display of such User’s information and User Content on the Sites, Likepax Channels, or Third Party Channels under Promotion Services) or from your breach of any of the representations, warranties hereunder, and the terms and conditions of the Terms.
Each User hereby further agrees to indemnify and hold Likepax.com, our affiliates, directors, officers, and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to Likepax.com, including but not limited to those set forth in clause 5 hereunder.
8.6 Each User hereby further agrees to indemnify and save Likepax.com, our affiliates, directors, officers, and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to the User Content, information, and/or products offered or displayed on the Sites.
Each User hereby further agrees that Likepax.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damages from such material rests entirely with each User.
Likepax.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Likepax.com in asserting any available defenses.
8.7 Likepax.com shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity, or otherwise, or any other damages resulting from any of the following:
- (a) The use or the inability to use the Sites or Services;
- (b) Any defect in goods, samples, data, information, or services purchased or obtained from a User or any other third party through the Sites or Services;
- (c) Violation of Third Party Rights or claims or demands that User’s manufacture, importation, exportation, distribution, offer, display, purchase, sale, and/or use of products or services offered or displayed on the Sites or through the Services may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands, or claims by Third Party Rights claimants;
- (d) Unauthorized access by third parties to data or private information of any User;
- (e) Statements or conduct of any User of the Sites or Services; or
- (f) Any matters relating to the Sites or Services, however arising, including negligence.
8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Likepax.com, our employees, agents, affiliates, representatives, or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Sites or Services during any calendar year shall be limited to the greater of:
- (a) The amount of fees the User has paid to Likepax.com in exchange for the access to or use of the Site or Services during the calendar year; and
- (b) The maximum amount permitted under the applicable law.
The preceding sentence shall not preclude the requirement by the User to prove actual damages.
All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under the applicable law governing the Terms.
8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Likepax.com has been advised of or should have been aware of the possibility of any such losses arising.
9. Force Majeure
9.1 Likepax.com shall not be liable for or required to pay compensation of any nature whatsoever for any loss arising from the unavailability, inconvenience, or failures of the services or systems due to the following reasons:
- (i) System shut-down for maintenance;
- (ii) Inability to transmit data due to failures in communications terminals or telecommunications equipment;
- (iii) Systems failure and inability to perform its functions due to force majeure events, including but not limited to:
- Typhoons, earthquakes, tsunamis, floods, power failure, fires, storms;
- War, political unrest, labor strikes, shortage of labor or materials;
- Riots, insurrections, civil disturbances, terrorist attacks, explosions;
- Acts of God, governmental actions, orders of domestic or foreign courts or tribunals;
- Non-performance of third parties; or
- (iv) Suspension or delay of services or systems failure due to reasons beyond the reasonable control of Likepax.com, such as:
- Hacker or cyber attacks;
- Technical adjustments or failure of the telecommunications department;
- Website upgrades;
- Third-party problems; or
- Any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.
10. Intellectual Property Rights
10.1 Likepax.com is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership, and intellectual property rights in the Sites and Site Content shall remain with Likepax.com, our affiliates, or licensors, as the case may be. All rights not otherwise claimed under the Terms or by Likepax.com are hereby reserved.
10.2 “LIKEPAX”, “LIKEPAX.COM”, and related icons and logos are registered trademarks or trademarks or service marks of Likepax Group Holding Limited, and “GOLD SUPPLIER”, “TRUSTPASS”, and related icons and logos are registered trademarks or trademarks or service marks of Likepax.com Limited and its affiliates, in various jurisdictions and are protected under applicable copyright, trademark, and other proprietary rights laws. The unauthorized copying, modification, use, or publication of these marks is strictly prohibited.
10.3 Likepax.com may have independent third parties involved in the provision of the Likepax.com Sites or Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark, or logo of such independent third parties without prior written approval from such parties.
10.4 To the largest extent permissible under applicable law, all rights, title, and interest to all derivative work created by Likepax.com and/or its affiliates using User Content pursuant to the Terms shall belong to Likepax.com, which may be freely assignable, licensable, or grantable by Likepax.com to any third party or its affiliates.
11. Notices
11.1 Legal Notices
11.1.1 All legal notices or demands to or upon Likepax.com shall be made in writing and sent to Likepax.com personally, by courier, or certified mail to the following entity and address:
Likepax.com Hong Kong Limited / Likepax.com Singapore E-Commerce Private Limited / Hangzhou Likepax Advertising Co., Ltd (as the case may be),
26/F Tower One, Times Square,
1 Matheson Street, Causeway Bay,
Hong Kong,
Attn: Legal Department.
The notices shall be effective when they are received by Likepax.com in the above-mentioned manner.
11.1.2 All legal notices or demands to or upon a User shall be effective if either:
- Delivered personally;
- Sent by courier, certified mail, by facsimile, or email to the last-known correspondence, fax, or email address provided by the User to Likepax.com; or
- Posted such notice or demand on an area of the Sites that is publicly accessible without a charge.
Notice to a User shall be deemed to be received by such User if and when:
- (a) Likepax.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User; or
- (b) Immediately upon Likepax.com posting such notice on an area of the Sites that is publicly accessible without charge.
11.1.3 You agree that all agreements, notices, demands, disclosures, and other communications that Likepax.com sends to you electronically will satisfy any legal requirement that such communication should be in writing.
11.1.4 The content posted by Users on Likepax.com is monitored through both automated systems and manual review. Illegal content will be removed from the Sites.
11.1.5 We reserve the right to suspend Services to any User who violates the rules of Likepax.com available at our “Rules Center”. The decision to suspend Services will consider several factors, including but not limited to:
- (i) The number of items of manifestly illegal content or the number of notifications or unfounded complaints submitted within a specific timeframe;
- (ii) The relative proportion of these items or notifications in relation to the total number of items of information provided or notifications submitted within the same timeframe;
- (iii) The severity of the misuse, which includes the nature of the illegal content and the consequences of such misuse; and
- (iv) The apparent intent of the User, where sufficiently evident.
11.2 Notices of illicit content of EU and EEA Users
11.2.1 Notice mechanism. You may notify us of specific pieces of information that you consider to be illegal content at “Report abuse” through the product listing page or by contacting our customer service through “Help Center”. Your notice should include the following:
- (a) A sufficiently substantiated explanation of the reasons why you allege the information in question to be illegal content;
- (b) A clear indication of the exact electronic location of that information (such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content);
- (c) Your name and email address, except in the case of information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU (sexual abuse and sexual exploitation of children and child pornography); and
- (d) A statement confirming your bona fide belief that the information and allegations contained therein are accurate and complete.
11.2.2 Actions taken on notices. Where your notice contains electronic contact information, Likepax.com will send a confirmation of receipt of the notice. After reviewing your notice, Likepax.com will notify you of its decision in respect of the information to which the notice relates and provide you with information on the possibilities for redress.
11.2.3 Complaint-handling system. If you have submitted a notice, you may lodge a complaint within 6 months after you have been informed of Likepax.com’s decision following your notice. You may lodge your complaint using the form accessible at the “Help Center”.
Likepax.com will inform you of its decision in respect of the information to which the complaint related and of the possibility of out-of-court dispute settlement or other redress mechanisms.
YOU ARE INFORMED THAT IF YOU FREQUENTLY SUBMIT NOTICES OR COMPLAINTS THAT ARE MANIFESTLY UNFOUNDED, LIKEPAX.COM MAY SUSPEND, AFTER ISSUING A PRIOR WARNING, THE PROCESSING OF YOUR NOTICES AND COMPLAINTS.
For example, when the User has abused the “Report” button by:
- Repeatedly reporting the same content(s);
- Submitting large numbers of reports that do not violate our policies; or
- Using multiple accounts or technical means to attempt to bypass reporting rate limits.
11.2.4 Certified out-of-court dispute settlement. Where you have submitted a notice or lodged a complaint, you may select any certified out-of-court dispute settlement body in order to resolve disputes relating to Likepax.com decisions following a notice or a complaint.
In such case, you and Likepax.com will engage, in good faith, with the selected certified out-of-court dispute settlement body with a view to resolving the dispute.
12. General Provisions
12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Likepax.com with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
12.2 Likepax.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted, and the remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such clause.
12.5 Likepax.com’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Likepax.com’s right to act with respect to subsequent or similar breaches.
12.6 Likepax.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms) to any person or entity (including any affiliates of Likepax.com).
You may not assign, in whole or part, the Terms to any person or entity.
12.7 GOVERNING LAW AND JURISDICTION:
- If you contract with Hangzhou Likepax Advertising Co., Ltd according to paragraph 2.1, this Agreement shall be governed by the laws of the People’s Republic of China (“PRC”), and the parties to this Agreement hereby submit to the exclusive jurisdiction of the Yuhang Basic People’s Court of Hangzhou, PRC.
- If your contract is with Likepax.com Singapore E-Commerce Private Limited, then this Agreement shall be governed by the laws of the Hong Kong Special Administrative Region (“Hong Kong”) without regard to its conflict of law provisions, and the parties to this Agreement hereby submit to the exclusive jurisdiction of the Hong Kong courts, except as otherwise stipulated under applicable law.
12.8 If you have any comments on the Services we provide to you, you may contact our customer service support line (Likepax.com Customer Service) with any such feedback or questions.