GENERAL TERMS OF SERVICE – BIG BIG SHOP
By (a) clicking “I AGREE” at the end of these terms and conditions (these “TOS”), or (b) installing, accessing or using any part of the BIG BIG SHOP website/app ( “our Site”) or any materials contained therein and/or other media platforms, software, programs and/or applications which are derived in whole or in part through our Site (collectively “our Service”), you signify your agreement to be legally bound by (1) these TOS, and (2) our Personal Information Collection Statement, found at https://promo.bigbigchannel.com.hk/en/pics/ (collectively “this Agreement”). You declare that you have read and understand all terms and conditions in these TOS. If you do not agree to these TOS, please do not use our Service.
We reserve our right to modify any part of these TOS at any time by posting the modified version on our Site. Unless as otherwise stated below, all modifications shall automatically be effective upon posting on our Site and shall supersede any previous versions of these TOS. You agree to review these TOS on our Site regularly to ensure that you are aware of any modifications. Your continued access and/or use of our Service after changes are posted constitute your acceptance of these TOS as modified by the posted changes.
Part I
About e-shopping
1. Definitions:
A. “Merchandise” means the goods or services you ordered through our E-shop.
B. “Supplier” means the seller and supplier of the Merchandise you ordered through our E-shop.
C. “E-shop” means our “Big Big Shop” located at shop.bigbigchannel.com.hk / www.bigbigshop.com.hk, and any associated sites linked to it.
D. “BBCL” means Big Big Channel Limited.
E. “these T&C” means the terms and conditions in Part I – About e-shopping.
2. Order
A. When you order Merchandise from our E-shop, it means that you agree to place your order in compliance with these TOS and all such terms and conditions stipulated by us and/or Supplier of the relevant Merchandise from time to time. Those terms and conditions stipulated by us and/or Supplier of the relevant Merchandise will prevail over these T&C if there is any inconsistency regarding your order.
B Except where otherwise specified, we are not the seller or Supplier of the Merchandise. We are responsible for managing and administering our E-shop, arranging order processing and fulfilling or procuring the Supplier to fulfilling the order you placed for the Merchandise through our E-shop.
C. When you place an order, you are making an offer to buy from BBCL or the Supplier the Merchandise you have specified at the price stated for those Merchandise. Once your order is submitted, you shall not cancel the order, or ask for a refund, or ask for payment to be transferred or offset for payment of other products or services, notwithstanding our acceptance or rejection of your order is still pending.
D. You agree and authorize us to use and transfer your information provided for the order of the Merchandise (including name, contact number and delivery address, payment information, etc.,) to any agent, supplier, manufacturer, Supplier who provides administrative and logistics service(s) and payment gateway in connection with the process of the purchase, supply and delivery of that Merchandise.
E. Except where otherwise specified, you agree that the Merchandise are manufactured and supplied by third party and are not related to us. Pictures of the Merchandise are for reference only, and you should always look up to the real product. As we are not the manufacturer or Supplier of the Merchandise, all descriptions of the Merchandise and their respective contents are provided by their respective manufacturer or Supplier and (its)their interpretation shall prevail.
F. We will acknowledge your order to confirm that we have received your order by email. The confirmation email will provide:
(a) details of what you have ordered,
(b) details of the price charged,
(c) information about the progress of your order, and
(d) estimated dispatch and delivery information.
This communication will be our acceptance of your order by BBCL and/or on behalf of the Supplier. [You may track your order status according to our specified means].
G. Our acceptance of your order will only cover the Merchandise mentioned in our confirmation email and may not cover all the merchandise you ordered. If this is the case, then the order you made for the remaining Merchandise will only be accepted when we send a further confirmation email of that part of your order.
H. The availability of the Merchandise is as shown online and will be updated regularly, but they should not be relied on as definite statements as to whether the Merchandise you wish to purchase are actually in stock.
I. We reserve our absolute right to reject or cancel an order at our sole discretion without the obligation to provide you with any reason. Without prejudice to the foregoing, we may reject or cancel an order under any of the following circumstances:
(a) you have provided incorrect or inaccurate information when placing your order;
(b) the Merchandise you ordered is out of stock;
(c) no delivery can be arranged for your area; or
(d) one or more of the Merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the Supplier.
J. If we cancel your order, we will notify you by email and will make a refund as soon as possible but in any event within thirty (30) days of your order. You hereby agree that we shall not offer you any compensation for your disappointment or loss suffered.
K. We reserve our rights to amend or vary contents of our E-shop (including the services provided by us), these T&C and other terms and conditions for placing individual Merchandise from time to time without notice to you. Any of the aforesaid changes will be posted on our E-shop (and/or our Site). Should you continue to access our E-shop after changes to these T&C and such other terms and conditions, you shall be deemed to have agreed to these T&C and such other terms and conditions as amended and agreed to be bound by them.
3. Price and Payment
A. Unless otherwise specified, all currency references are in HK dollars and the date-and-time we refer to is Hong Kong Time Zone.
B. We will make every reasonable commercial effort to ensure that prices of the Merchandise at our E-shop are up-to-date. Prices are subject to change without prior notice.
C. If the price of the merchandise is higher at the time we are ready to send our acceptance of your order to what it was at the time you place your order, then we will either:
(a) cancel your order, or
(b) contact you to ask you whether you wish to pay the higher price or cancel your order.
D. If we cancel the order after you have already made payment, we will make a refund. You agree and confirm that we shall not offer you any compensation for any disappointment or loss suffered by you.
E. We only accept credit card payments made by Visa/MasterCard/UnionPay. When you place an order, you shall be deemed to have authorized us to debit from the credit card you specify on your order for the amount of the order at the time we send our acceptance of your order.
F. We have the right, at any time and in our sole discretion, to accept or reject the payment method selected by you. If no effective payment method is in place (e.g. the information provided by you or the cardholder is inaccurate or outdated) or we suspect, in our reasonable opinion, that you make unusual purchases, your transaction may be suspended or cancelled. We shall not compensate you for such suspension or cancellation.
G. Any dispute regarding payment on the invoice must be raised within thirty (30) days of the invoice date notwithstanding, where relevant, any terms to the contrary in any cardholder agreement with the bank or with the payment service provider.
H. Title in the Merchandise will not pass to you until payment has been received.
I. We use third party payment service to process online transactions. When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and a payment service provider subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making online transaction, and in no event shall any such losses in whole or in part be borne by us.
J. We may engage an external debt collection agency to recover for us any outstanding payment from you. In which case, you will have to pay us additional liquidated damages, which sum shall not exceed the amount we pay to the debt collection agency as service fees. Such additional sum will be calculated by the debt collection agency as part of your debt owed to us.
4. Delivery, Return and Exchanges
A. Terms of delivery, return and/or exchanges of Merchandise may be set out in individual terms and conditions. You agree to read the returns or exchanges policy as specified by BBCL and/or the Supplier carefully before you place an order. Once your order is submitted, you shall deem to have agreed to comply with all such terms and conditions and to be bound by it. Those returns or exchanges policy as specified by BBCL and/or the Supplier of individual items of the Merchandise will prevail over these T&C if there is any inconsistency.
B. Where the delivery, return and/or exchange of Merchandise is handled by the Supplier, all matters related to thereto shall be subject to the relevant terms and conditions provided by the relevant Supplier, which shall become the contract entered into between you and the said Supplier. You should follow all the terms and conditions provided by the said Supplier for the collection, use, enjoyment, return and/or exchange of the relevant Merchandise. You agree that we shall not be held liable for any of the disputes arisen in relation to the above matters, which you shall settle directly with the relevant Supplier.
C. The following terms apply where it is specified that the delivery of Merchandise is handled by us:-
(a) We make deliveries in Hong Kong and outside Hong Kong from Monday to Sunday when typhoon warning signal No. 8 or above or black rainstorm warning is in force when no delivery will be made by us on these days. Except where otherwise specified, we currently do not make deliveries to remote areas and outer islands, and buildings without elevator facility. We reserve the right to decline delivery at our sole discretion. You agree and accept that you will collect your ordered Merchandise from our designated logistics centre and under no circumstances will we accept cancellation of order or refund.
(b) We will deliver the Merchandise ordered by you to the address you give us for delivery at the time you make your order through our staff or a third party provider. You agree to present your identification upon request when you acknowledge receipt of the Merchandise. The Merchandise shall be, and shall be deemed to be, delivered and accepted by you when the Merchandise are delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order in the event of your failure to accept delivery for whatever reason.
(c) Unless otherwise specified, we will use all reasonable commercial endeavors to make delivery within 7 business days after your order is confirmed by us. Subject to prior online arrangement, you may be offered to select from any one of the delivery timeslots available at the time you make your order.
(d) We may deliver the Merchandise in one or more instalments, and some of the Merchandises may be delivered directly from Suppliers. The time and dates given for dispatch of Merchandise, or the length of time that Merchandise will take to be delivered, are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. You agree and accept that under no circumstances will we accept cancellation of order or refund and that we shall not be liable for any possible loss or damages suffered by you or any third party caused by the delay in delivery.
D. Unless otherwise specified by the Supplier and subject to the returns or exchanges policy of individual Supplier, under normal circumstances, we would not accept any request for exchange of products or cancellation of orders.
E. You are responsible for examining the goods immediately for any deficiencies and/or damages of their appearance and whether all accessories are included upon delivery or collection (as the case may be).
F. Where returns or exchanges are specified by the Supplier and subject to the returns or exchanges policy of individual Supplier, Merchandise may be returned or exchanged within seven (7) days of receipt if the Merchandise you ordered are defective or damaged (with no fault on your part), or the Merchandise are not what you ordered, or the delivery is of an incorrect quantity, provided that:
(a) an effective returns or exchanges policy applies;
(b) the Merchandise is unused and in the condition originally sold together with all parts and accessories which are provided with the Merchandise including manuals, certificates, labels, tags, consumables, bags, and boxes;
(c) the packaging of the Merchandise must be in the condition in which it was delivered to you; and
(d) a request for return or exchange is sent to our customer service representative via specified means and the Merchandise is returned to the Supplier within a limited period specified by the Supplier.
G. You agree and accept that Merchandise is only acceptable for exchange subject to stocks availability.
H. You agree and accept that it will be at BBCL and/or the Supplier’s sole discretion whether the Merchandise is accepted for return or exchange. Under no circumstances will we accept the return of any Merchandise directly to us for Merchandise delivered directly by the Supplier or be held liable for your damages for whatever reasons.
I. Once Merchandise has been delivered to you they will be held at your own risk and we will not be liable for the loss or damage.
J. The aforesaid return or exchange policy is not applicable to request based on personal preference only.
5. Online Purchase Disclaimer
A. We do not represent or warrant that:-
(a) access to our E-shop (including using our applications or software), or any part of it, will be uninterrupted, reliable or fault-free;
(b) our E-shop or any of its contents will be accurate, complete or reliable;
(c) any services (whether or not provided by us) will be provided with due care and skill; or
(d) any Merchandise (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
B. To the fullest extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
(a) any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our E-shop (including using our applications or software) or any information on our E-shop;
(b) the unavailability of our site (or any part of it), Merchandise or services;
(c) any delay in providing, or failure to provide or make available, Merchandise or services, or any negligent provision of Merchandise or services; or
(d) any misrepresentation on or relating to our E-shop, the Merchandise or the services.
C. We will not be liable to you for any indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, arising out of any problem you notify to us.
D. To the fullest extent permissible by laws, we disclaim as follows:-
(a) we shall not be responsible to any person nor shall indemnify any party in respect of any use and/or enjoyment, or any failure to use or enjoyment of the Merchandise; or for any claim of loss or damage as a result of the aforesaid;
(b) we make no representation or warranty to the quality, fitness, merchantability or any other aspect of the Merchandise;
(c) the placement of any information concerning the Merchandise in our E-shop does not constitute a recommendation or endorsement by us of the Merchandise. We shall not be liable to you or any person for loss suffered as a result of reliance by you or any person upon the information contained in our E-shop;
(d) we shall not be responsible to you and/or the user of the Merchandise, or any person for any (i) personal injury; (ii) burgle, loss or damage of property; (iii) and/or any other liability (including without limitation to tax liability), claims, requests, proceedings and/or damages, compensations arising under any circumstances of or in relation to the Merchandise, and/or the use or enjoyment of the Merchandise (whether now known or arising in the future);
(e) we shall not be liable to replace or reissue or to arrange for the aforesaid any Merchandise which is lost, damaged or stolen.
E. We have made every effort to make clear whether the quoted prices for Merchandise available through our E-shop include any relevant tax or duty. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the Supplier or by operation of law that is in addition to the price.
F. We reserve all rights to reject any user form entering into our E-shop or any part thereof without notice at our sole discretion, and we reserve our rights to reject providing our service to any user who violates any terms and conditions imposed by us or the Supplier.
G. We shall not be liable to you or any third party for any delay or failure to perform caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control.
H. If you want to use, order or receive any services and/or products from any Supplier, please note that any personal information you provide, once transferred to the relevant Supplier, is beyond our control and thus outside the scope of protection afforded by us.
I. This Section 5 will survive the termination or expiry of this Agreement and/or your use of our Service.
6. Your Warranties
A. You and user of the Merchandise shall bear all responsibilities and risks arising from or in relation to the use and/or enjoyment of the Merchandise. You and user of the Merchandise agree to discharge us from all liabilities for any damages, losses, claims, litigation or any other legal responsibilities incurred or suffered by you and/or user of the Merchandise arising from or in relation to the aforesaid, or from the failure of delivery of the Merchandise.
B. Where in these terms representations and warranties are made to us and to Suppliers of Merchandise through our E-shop, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such Suppliers and that each such Supplier may rely upon and enforce such representations and warranties against you.
C. You agree that each of these limitations is reasonable having regard to the nature of our E-shop and in particular given that when you purchase Merchandise through our E-shop you will enter into a separate contract with us and/or the Supplier in each case.
D. This Section 6 will survive the termination or expiry of this Agreement and/or your use of our Service.
7. Promotion Code
A. Promotion code or coupon offered by us shall only be applicable for one-off purchase in our E-shop subject to special terms and conditions.
B. Promotion code or coupon is neither refundable nor redeemable for cash. Any unused amount will be forfeited.
C. We reserve the right to terminate or vary the above offers. In the event of any dispute, our decision shall be final and conclusive.
Part II
General Terms
8. Our Service
Our Service permits you to access to and/or view Content, including but not limited to text, dialogues, software, scripts, graphics, photos, sounds, voice, music, videos, audiovisual combinations, data, information and/or other materials (collectively “Content”) by streaming only on or through our Site, and to enjoy certain social media features and interactive functions among users under the terms and conditions set forth in these TOS.
9. Requirements for Use of Our Service
A. Use of our Service requires compatible devices, Internet access, and periodic updates. The latest version of software, programs and/or applications (collectively “Software”) is recommended and may be required to access our Service for certain features. You acknowledge that you are responsible to obtain and maintain at your own expense all equipment, systems, software, and/or services needed to access our Service and updating the Software.
B. Use of our Service may affect your enjoyment and/or the operation of the broadband or wireless services provided by the third party network and we shall not in any event be liable in respect thereof.
C. You agree that the requirements under this Section 9 may change from time to time and you are responsible to ensure that all these requirements are met before accessing to or using our Service.
10. Site Content
A. Use of our Site, and/or all Content contained within our Site is entirely at your own risk. Please note: Content are provided to you AS IS and AS AVAILABLE, without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law and is not intended as specific commercial, financial, business or legal advice. You may access Content for your information and personal, non-commercial use solely as intended through the provided functionality of our Service and as permitted under these TOS. We and the respective contributors of Content reserve all rights not expressly granted in and to our Service and the Content.
B. You understand that when using our Service, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify us and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of our Service.
C. This Section 10 will survive the termination or expiry of this Agreement and/or your use of our Service.
11. Your Use of Our Service
A. You agree:
(a) to abide by all applicable laws, these TOS and any other operating and/or usage rules applicable to our Service and the Content, as amended from time to time;
(b) that any person who uses our Service and the Content through your device and using your information for online purchase (whether or not approved by you) shall be deemed to be your use of our Service and the Content;
(c) to use our Service, our Site, the Content, and/or the Software in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of our Service by any third party. Such restriction or inhibition includes any disturbing, threatening, violent, immoral, pornographic or defamatory statement, engaging in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person or disruption of normal follow of dialogue and/or interactive mode via our Service;
(d) not to and not to allow any person collect money or other consideration for the use or access of our Service, our Site, the Content and/or the Software under any circumstances, unless expressly permitted under these TOS;
(e) to be responsible for any costs you incur to access our Service, our Site and the Content and/or the Software and Internet connection; and
(f) that unless explicitly stated otherwise, any new features that augment or enhance our Service shall be subject to these TOS.
B. Unless with our prior written permission, you are not allowed and you shall not permit any party to:
(a) use our Service, our Site, the Content and/or the Software for any purpose or use not explicitly provided under these TOS;
(b) use our Service, our Site, the Content, and/or the Software on any device that you do not own or control;
(c) access our Service and/or the Content by any means other than through use of the Software provided by us for accessing our Service;
(d) modify the Software that is provided by us to access our Service and/or the Content in any manner or form, or to use the modified versions of the Software, for any purposes including obtaining unauthorized access to our Service and/or the Content;
(e) preload our Service, the Content, and/or the Software in any device and promote, sell, circulate or distribute such device in the market;
(f) reproduce, duplicate, copy, reverse engineering, sell, sub-license, translate, decompile or disassemble, make available, publish or otherwise exploit, any portion of our Service, the Software and/or the Content or any part thereof for any other purpose;
(g) modify, copy, reproduce, republish, upload, post, distribute, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way any material (including any information, graphics, text, video clips, code and software) from our Service and/or the Content for any other purpose;
(h) interfere with or disrupt our Service and/or the Content or servers or networks connected to our Service and/or the Content;
(i) charge for access to any premises where Service is installed for use of or access to our Service, our Site, the Content and/or the Software;
(j) download, sell, share, reproduce, copy, distribute, publish, modify, prepare derivative works based on our Service or the Content or display our Service or the Content or cause our Service or the Content to be displayed in public or re-direct any Service or the Content in any way or through any media or frame any part of our Service or the Content, whether by actual commitment or procurement or by any means (including without limitation Internet);
(k) use any robot, spider, scripts, site search, retrieval application, or other manual or automatic device or process to access, monitor, retrieve, index, “data mine”, or in any way reproduce, disrupt or copy, circumvent the navigational structure or presentation of our Service or the Content, and/or the Software;
(l) hack, break into, or attempt to hack or break into our Service or the Content, the Software, and/or any data zones on our server(s) or that of any third party in any manner, or access such parts of our Service and/or the Content and/or Software which you are not authorized to login;
(m) implant into any software or other materials that contain any software viruses, worms, time bombs, Trojan horses or other harmful or disruptive component;
(n) obstruct or interfere with our Service or servers or networks connected to our Service, or restrict or inhibit any person to use our Service;
(o) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through our Service;
(p) remove any copyright, trademark, or other proprietary rights notices contained in our Service, the Software, the Content and/or our Site;
(q) permit any minors from viewing those Content and/or use any part of our Service which is not suitable for viewing by minors;
(r) collect information of other users of our Service;
(s) use any device or apparatus which may be harmful to our network or third party’s equipment (in which case, you shall immediate cease the connection of such device or apparatus);
(t) download or make use of any of our Service, Software, Content, applications or other materials: (i) in any device and promote, sell, circulate or distribute such device in the market, or (ii) for any commercial purpose or usage, or (iii) for purposes other than private viewing on your personal, authorized device;
(u) disclose, distribute or publish any confidential or personal information of the data subject via our Service without the consent of that data subject; and
(v) use our Service, the Content, the Software and/or our Site for any illegal or immoral purpose.
C. Should you post, distribute, transmit, publish or broadcast any materials on our Site or via our Service, you agree:
(a) not to post, distribute, transmit or broadcast materials or participate in any form of online activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, violent, harmful, vulgar, obscene, profane, sexually oriented, discriminating, hateful, offensive or which otherwise includes objectionable material;
(b) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) not to post or transmit any materials that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) not to post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letter”, “pyramid schemes” or any other form of solicitation, except in those areas that are designated for such purpose; and
(e) not to post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
D. You agree that the information, text, comments and/or otherwise statements posted on our Site by users represents only the views or findings of the relevant user and does not represent our views.
E. You further understand and acknowledge that due to the nature of our Service you may be exposed to comments or critical submissions from other users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.
F. When you use our Service with your network bandwidth service, your network bandwidth may be reduced. As your use of our Service will consume Internet connection and incur network data transmission fees, please beware of your network consumption and the network data transmission fees being charged by your network service provider. Please contact your network service provider for any queries.
G. Your installation and use of our Service will occupy certain storage capacity of your device. Therefore, please maintain sufficient storage capacity in your device at all times.
H. This Section 11 will survive the termination or expiry of this Agreement and/or your use of our Service.
12. Intellectual Property Rights
A. You agree that we own and retain all rights to our Service, our Site and/or the Software, and we and the contributors of the Content own and retain all rights to the relevant Content. All trademarks, service marks and logos (the “Marks”) on our Service, our Site and/or the Software are owned by or licensed to us.
B. You acknowledge that our Service, our Site, the Content, the Marks, and/or the Software are protected by copyright, trademark laws, and other Intellectual property right laws, and you further agree that you are being granted with a non-exclusive, non-transferrable, limited license, without right of sublicense, to access and use our Service, our Site, the Content (other than those contributed by you) and/or the Software contained therein on a streaming-only basis in compliance with these TOS.
C. Nothing you do on or in relation to our Service, our Site, the Content (other than those contributed by you), the Software, the materials contained therein will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless expressly stated by us.
D. We expressly reserve the right to take action against you in the event that you infringe any of our intellectual property rights or other rights of any person.
E. This Section 12 will survive the termination or expiry of this Agreement and/or your use of our Service.
13. Objectionable Material
If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on our Site, please immediately report such material (and the specific page on which it is found) to shopcs@bigbigchannel.com.hk . Please note that there may be adverse legal consequences if you make a false or bad faith allegation of copyright infringement or objectionable material through this process. We will not be liable for your access or viewing of any objectionable or infringing or unlawful material. We reserve all rights to take action against you for your false or bad faith allegation of infringement of any right.
14. Suspension and Termination
A. We may at any time, without notice or liability to you, suspend or terminate your account(s) or refuse your access to any part or all of our Services, temporarily or permanently, if, in our sole discretion, you fail, or we suspect that you fail or are unable, to comply with (or acted in a manner indicating that you do not intend to or are unable to comply with) any of the provisions of this Agreement, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable.
B. We may at any time, without notice or liability to you, terminate your account if you do not visit our Site or access our Service for a consecutive period of one (1) year.
C. During suspension of your account or upon termination of your account:-
(a) any money due to us by you shall become immediately payable;
(b) any rights we have in respect of your obligations under this Agreement which are not fulfilled by you shall continue to exist;
(c) under no circumstances shall you be entitled to a refund of any monies or payment in whatever kind payable to us; and
(e) your access to our Site, our Service, Content and Software, and all licenses, rights and privileges granted to you under these TOS shall cease.
15. Our Rights
We may at any time without notice:
(a) expand, reduce and/or modify the whole or any part of our Service;
(b) remove, delete, cancel, edit, change, amend or block the whole or any part of the Content;
(c) deactivate the whole or any part of our Service to carry out system maintenance, upgrading, testing and/or repairs;
(d) terminate your account, or limit or suspend your access to the whole or any part of our Service and/or Content if we believe that such action is appropriate due to your improper use of our Service or breach of any term of this Agreement;
(e) at any time employ and/or install software in your personal computer or other personal viewing devices for the purposes of detecting any downloading, copying, storing, distribution, sharing or re-direction of any Content from our Service in any way or through any media and/or for your access to our Service from time to time;
(f) at any time monitor and record your activities and Content posted on our Site through your account; and/or
(g) place advertising and promotional materials in conjunction with the Content published, within the Content transmitted, on the Site, in our Service and/or the Software at our sole discretion .
16. Third Party Materials
A. Our Service or our Site may contain materials from third parties and/or hyperlinks to third party websites, or part of our Service and/or content of our Service and/or our Site may be supplied or supported by third parties, or that in order to enhance certain functions of our Service, you are required to purchase items or materials from third party providers or through their software. Your use of third parties’ websites and/or materials linked to our Service may be governed by additional or different terms and conditions. Those additional terms and conditions of such web pages and applications will apply to you in addition to these TOS and will prevail over these TOS if there is any inconsistency regarding your use of those web pages and/or applications.
B. We make no representation about, and we do not endorse and could not control the reliability or performance of any software, materials, applications, media platforms, devices or services of third parties (e.g. our information suppliers or advertisers or sponsors or promotional partners) that you may access through, or are linked to or embedded in our Service. You agree that any use of such software, materials, applications, media platforms, devices or services will be at your own risks. You expressly relieve us from any and all liability arising from your use or access of any third party website or materials.
C. We have no control over any third party websites linked to our Service or our Site and we are not responsible for the content or accuracy of any off-site pages or any other third party websites linked to our Service or our Site (including without limitation sites linked through advertisements). Some links which appear on our Service or our Site are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you agree to access those links at your own risk. We are not responsible or liable in any way for any loss or damage of any sort incurred or allege to have incurred, either directly or indirectly, as the result of your reliance, use, dealings of or as the result of the presence of such links and advertisements on our Service or our Site.
17. Disclaimer of Warranties & Limitation of Liabilities
A. We will not be liable to you or any other third parties, including users of our Service (whether authorized or not), for any failure or delay in accessing our Service or any part thereof (whether due to the lack of streaming capacity, the reliability and stability of your Internet connection and its speed and bandwidth, or otherwise) and/or the consequences or effects on your mobile network, internet connection, their speed and/or bandwidth that may be caused by our Service.
B. Our Service and all materials delivered to you through our Service are provided “AS IS” and on an “IS AVAILABLE” basis without any representation or endorsement made by us and without our warranty of any kind whether express or implied, including but not limited to the expressed or implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. You expressly agree that your use of our Site, our Service, the Software and/or the Content and/or content obtained through your use of the foregoing are at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.
C. Our Service is provided subject to these TOS and we shall not be liable for the (a) the timeliness, deletion, non-delivery, errors, interruptions in the transmission or failure of the provision of any services under our Service; OR (b) your inability to gain access in whole or in part to our Service due to the delay or failure of any communication networks or any party providing such access.
D. To the fullest extent permitted by applicable law, we and the providers of our Site, our Service, the Software and/or the Content disclaim all representations and warranties of all kind, whether expressly or implied, including but not limited to the title, fitness for a particular purpose, merchantability, non-infringement, accuracy or standard of quality of our Site, our Service, the Software and/or the Content, that our Service or your access to or use of our Service will be uninterrupted or error free, free of viruses, malicious code or other harmful components or otherwise secure, that defects will be corrected, that our Service or the software or the device or the server that makes our Service available are free of viruses or bugs, or that the materials provided through our Service are functional, accurate, reliable. We further disclaim any representation or warranty that our Site, our Service, the Software and/or the Content will meet your requirements.
E. We shall not be in any way responsible for any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
F. To the fullest extent permitted by applicable law, we are not liable to you or any other third party (including users of our Service, whether authorized or not) for the following:
(a) any damage to or loss of data and/or the consequences or effects on your Internet connection, its spend and/or bandwidth, arising from your use of our Site, our Service, the Software and/or any Content;
(b) any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any damages, whether direct or indirect, consequential or incidental, whether of an economic nature or not, whether in action of contract, negligence, or other tortuous action, whether arising out of or in connection with your use or omissions, or conducts of any party in connection with or related to your use of our Service;
(c) any claim relating to any part of our Site, our Service Software and/or Content supplied, provided, sold or made available by or through our Service (or any failure or delay to so supply, provide, sell or make available);
(d) any injury, disease, seizure or loss of consciousness suffered by you, arising whether directly or indirectly from accessing and using our Site, our Service, the Software and/or the Content;
(e) any disruption, suspension, delay, failure or discontinuation of our Site, our Service or our Service capacity (including but not limited to streaming capacity allocated by us for our Service), the Software and/or Content or any part thereof which is attributable to (i) an event or circumstance beyond our reasonable control; (ii) our system maintenance, upgrading, testing and/or repairs, (iii) the reliability and stability of your Internet connection and its speed, its bandwidth, its system and services and (iv) any other third party’s software or services;
(f) any infringement of intellectual property rights arising from your use of our Site, our Service, the Software, or the Content.
G. If, notwithstanding the other provisions of this Agreement, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of our Site, our Service, the Software or the Content, our liability shall in no event exceed Hong Kong Dollars HK$500.
H. This Section 17 will survive the termination or expiry of this Agreement and/or your use of our Service.
18. Indemnification
A. You agree to indemnify and hold us harmless from any claim, costs or demand, (including reasonable attorney fees) made by a third party, relating to or arising from:
(a) any violation by you of this Agreement;
(b) your use of our Site, our Service, the Software and/or the Content;
(c) the Content or information you provided ;
(d) any and all usage of your account, whether or not such usage is expressly authorized by you;
(e) in connection with any dealings with you through our Service;
(f) your violation of any rights of another, and under which such third party demands from you any compensation, fees or damages (including reasonable attorney fees); and/or
(g) the personal information submitted by you.
B. This Section 18 will survive the termination or expiration of this Agreement and/or your use of our Service.
19. Force Majeure
We will not be liable to you by reason of any failure or delay in the performance of our obligations hereunder on account of events beyond our reasonable control, which may include, without limitation, strikes, material shortages, riots, fires, flood, storm, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, failure of the Internet or extraordinary connectivity issues experienced by telecommunications providers. Upon the occurrence of a Force Majeure event, we are not obliged to performance of our obligations for so long as the Force Majeure event continues, and for such further period of time that we may reasonably require to recover from the effects of such Force Majeure event.
20. Ability to accept these TOS
A. You affirm that you are either 18 years old or above, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOS, and to abide by and bound by these TOS. If you are under the age of eighteen, a minor or not capable of assuming legal responsibility, you should seek advice from your parents or guardians as to the meaning and consequences of these terms and conditions before using any of the Service and/or information. You must not provide us with your personal information unless you have received the consent from your parents or guardians. We presume that every user of the Site has the requisite capacity required for any use of any of the Service and/or information and, by using any of the Service and/or information, you undertake and warrant to us that you have the requisite capacity. We are not obliged to verify the age or capacity or any users, but in the event it is discovered that any users lack the requisite capacity, we reserve the rights as may be available against such users, or the parents or guardians of such users, including the right to be indemnified by them against all the loss or damage suffered by us as the result of the said lack of capacity or to cancel their registration and terminate their access to the Site.
B. We provide these TOS with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these TOS and that you have agreed to them.
21. Interpretation
A. We have the sole discretion to interpret and determine these TOS.
B. If there is any conflict between these TOS and rules and specific terms of use appearing on our Service or our Site relating to specific material then the latter shall prevail.
22. Others
A. Nothing in this Agreement, whether express or implied, is intended to or shall confer any rights, benefits, or remedies of any nature whatsoever under or by reasons of this Agreement or the Contracts (Rights of Third Parties) Ordinance (Cap 623) on any persons other than the user and our company and their respective successors and assigns.
B. If any provision of this Agreement becomes or is held to be illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from this Agreement and shall be deemed to be deleted from the Agreement and the remaining provisions will remain in full force and effect to the maximum extent permitted by law.
C. The failure of our enforcement of any right or provision of this Agreement will not be deemed a waiver of such right or provision.
D. We may appoint agents, assign or sub-contract the whole or any part of our rights and/or obligations contained in this Agreement to any person or entity at any time. You shall not assign, transfer, convey or otherwise dispose of any of your rights, obligations and/or liabilities under this Agreement to any person or entity without our prior written consent.
E. All notices and other communications hereunder to us shall be in writing or by email to shopcs@bigbigchannel.com.hk and shall be deemed to have been duly given when delivered, if delivered by messenger during our normal business hours; when sent, if transmitted by email (receipt confirmed), on the third business day following mailing, if mailed by certified or registered mail, postage prepaid to our registered office as shall be specified by us from time to time.
F. All notices and other communications hereunder which we give to you will be in such form and manner as we deem it is appropriate and it shall be deemed to have been duly given when sent, if transmitted by electronic mail, mobile short message (SMS), WhatsApp or facsimile transmission; on the day on our Site, or on the third business day following mailing, if mailed to your address last notified to us.
G. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. Disputes arising therefrom shall be exclusively subject to the jurisdiction of the courts of Hong Kong.
H. If there is any inconsistency or conflict between the English and Chinese versions, the English version shall prevail.
Last Updated: 20 April 2018
3 hours ago
