GiftCiti

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Last updated on 3 Nov 2015


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Welcome to GiftCiti.com Online Shopping website. GiftCiti.com is managed and operated by GIFTCITI.COM company (herein refer to "GiftCiti" or "we" or "us" or "our"). By accessing, browsing or using GiftCiti.com, you accept and agree to the following terms and conditions (herein refer to "Terms of Use") with GiftCiti, these Terms of Use apply to the services available from the domain and sub-domains of GiftCiti.com and any successor or related site or mobile application or software designated by GiftCiti. If you do not accept these Terms of Use, you must not access, browse or use GiftCiti.com or information provided there under. If you have any questions about these Terms of Use, or about accessing and using GiftCiti.com, please contact us.

Before you may become a member of GiftCiti.com, you must read and accept all of the terms in, and linked to, these Terms of Use and the Privacy Policy. By accepting these Terms of Use, you agree that these Terms of Use and Privacy Policy will apply whenever you access, browse or use GiftCiti.com. Some of its services and tools may have additional or other terms that are provided to you when you use those services or tools.

1. Definitions

In these Terms of Use, the following words and expressions shall have the following meanings:
  • "Buyer" means any person that purchases any Item on GiftCiti.com with or without payment.
  • "eShop" means the online shop that Seller runs on GiftCiti.com to offer any Item for sale to Buyer.
  • "GiftCiti.com" or "Website" means the website which is currently at www.giftciti.com and any successor or related site or mobile application or software designated by GiftCiti.
  • "Item" means any goods, products or services offered or sold to Buyer by Seller.
  • "Member" means an user with a valid member account issued by GiftCiti.com and has the right to buy on GiftCiti.com.
  • "Seller" means any person or legal entity that offers any Item for sale in GiftCiti.com.
  • "User" or "you" means any person that directly or indirectly access, browse or use GiftCiti.com, regardless of whether he/she is registered as a Member. For the avoidance of doubt and without prejudice to the generality of the foregoing, User shall include any Buyer or Seller.

2. About GiftCiti.com

GiftCiti.com provides an online platform for Sellers and Buyers to complete transactions for sale and purchase of Items, and to communicate with each other about the Items. The contract formed at the conclusion of the transaction is solely between the Sellers and the Buyers.

3. Using the Website

When using the Website, you will not do any of below:
  • violate any applicable law or regulation, or third party rights;
  • post, list or upload content or items in an inappropriate area;
  • use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
  • post, send, distribute, or store any obscene, pornographic, Images of nudity, defamatory, libelous, vulgar, or unlawful items, messages, files or information;
  • post false, inaccurate, misleading, defamatory, or libelous items or content (including personal information) or item pictures;
  • post, send, transfer, distribute, or store any messages, files or information that infringe on other's Intellectual Property rights;
  • post or distribute spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  • transfer your Website account (including any its rating) and User ID to another party without our consent;
  • distribute viruses or any other technologies that may harm the Website, or the interests or property of Website users;
  • interfere or attempt to interfere with the proper working of the Website or the usage of Website users;
  • counterfeit the identity of another member, person or party;
  • harvest or otherwise collect information about members, including email addresses, without their consent;
  • copy, modify or distribute rights or content from the Website or Website's copyrights and trademarks;
  • distribute, export, re-export or sell any Website's tools;
  • fail to deliver payment for items purchased by you, unless the item has serious typographical error;

4. Posted Content

When you post content to the Website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise any and all copyright, trademark, and publicity rights you have in the content, in any media known now or in the future.

5. Member Account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

6. Rules for Seller

When you offer any Item for sale or successfully apply for an eshop on GiftCiti.com, you become a seller on the Website, you agree that:
  • You should not post items in inappropriate categories.
  • You will only enter description of your eShop or Items that are accurate, current, complete, and include all relevant information about the terms of sale and payment terms. You will not list Items that you are not legally entitled to sell.
  • You are responsible to provide items to buyers within reasonable time, unless the buyer fails to comply with the posted terms in your item details or eShop on GiftCiti.com;
  • You do not post any content containing links (regardless of whether or not they are clickable) to sites other than the Website that items or services are offered for sale;
  • You do not post any content or links (regardless of whether or not they are clickable) in order to sell, trade or make transactions outside of the Website;
  • You do not post advertisements or any content to advertise or promote for third parties;
  • You do not post any picture that is embezzled from others.
  • You are responsible to make sure that the sale of your item complies with all applicable laws. You also need to make sure that you do not post any items that is prohibited on the Website, please check the list of Prohibited Items on GiftCiti.com.
  • By selling on the Website, you warrant that the sale of your item are neither illegal nor unlawful parallel-imports into the jurisdiction where the buyer ordered the item.
Transaction between the Seller and Buyer only
  • You agree and understand that each transaction is made by and between a Seller and a Buyer only, and GiftCiti shall not be considered as a party to the transaction.
Quality of Service
  • Seller guarantees to answer customer's enquiries in relation to knowledge of its items.
  • Seller guarantees to provide reasonable after sales services to buyers.
Taxation
  • Sellers are responsible for complying with all applicable laws in relation to the payment of tax. Sellers are solely responsible for paying any/all taxes associated with fees payable in relation to the use of GiftCiti.com, or any other tax liabilities incurred through the use of GiftCiti.com.

7. Electronic Communications

We may communicate with you by emails on GiftCiti.com. You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing.

8. Reservation of Rights

GiftCiti reserves the right to determine the content, appearance, design, functionality and other aspects of the Website provided, including the right to re-design, modify, remove and/or alter the content, appearance, design, functionality and other aspects of the Website and any element, aspect, portion or feature thereof from time to time. GiftCiti may delay or suspend the List of, or refuse to List, or to de-List, any or all Items in its sole discretion.

9. Intellectual Property

  • All rights in connection with the Website are expressly reserved. You may not, without our prior written permission, in any form or by any means, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from any part of the Website; or commercialize, sell, or copy any information or items obtained from any part of the Website that comprise intellectual property of GiftCiti.
  • We are not responsible for third party contents or claims on copyrights, trademarks and/or licences. Content on the Website may be provided by third parties, either as a result of submission by Users or by selection by us. Any opinions, advice, statements, descriptions, services, offers, information or other content expressed or made by third parties on or through the Website are solely those of the respective authors or distributors and neither we nor our affiliates shall be liable for the contents therein.
  • We shall not be liable for any damages arising from any infringement of copyrights, trademarks or other proprietary rights in third-party content. Unless otherwise required by law, we shall hold sole and absolute discretion in removing materials that were allegedly involved in copyright infringement from the Website. If we exercise our discretion to remove the allegedly infringing materials from the Website, we may restore your materials or account privileges upon written notification from the complaining party, together with sufficient evidence, that the dispute has been resolved. What constitutes sufficient evidence of resolution of such disputes is to be determined by GiftCiti at our sole discretion, and for the avoidance of doubt, GiftCiti shall not be liable for any damages and/or inconvenience arising from the removal of materials from the Website.

10. Limitation of Liability

  • The Website are venues to allow anyone to offer, sell, and buy anything at anytime. GiftCiti are not involved in the actual transaction between buyers and sellers. GiftCiti has no control over and does not guarantee the quality, safety or legality of items posted or advertised, the truth or accuracy of users' content or item content, the ability of buyers to pay for items, or whether a buyer or seller will actually complete a transaction or return an item.
  • GiftCiti cannot guarantee continuous, uninterrupted or secure access to our Website, and operation of our Website may be interfered by numerous factors outside of our control.
  • The Website provides various services solely based on the purpose and functions while it is created, GiftCiti does not guarantee and responsible any other requirements of users, including but not limited to speed, reliability, accuracy, integrity and error-free.
  • GiftCiti is not responsible for any users' content including but not limited to text, photos, video, music, links or computer programs. GiftCiti is also not responsible for any users' behaviour performed on the Website. All users must be responsible for any of his/her posted content or items, and behaviour performed on the Website.
  • According to the extent legally permitted, GiftCiti excludes all implied warranties, terms and conditions. GiftCiti is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Website.
  • GiftCiti is not liable for any loss, directly or indirectly, from the unauthorized access of member accounts.

11. Release

If you have a dispute with one or more users, you release GiftCiti (and GiftCiti's officers, directors, agents, parent companies, subsidiaries, affiliates, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

12. Privacy

GiftCiti does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. GiftCiti use your information only as described in the Privacy Policy.

13. Indemnity

You agree to indemnify and hold GiftCiti (and GiftCiti's officers, directors, agents, parent companies, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Terms of Use, or your violation of any law or the rights of a third party.

14. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms of Use.

15. No Waiver

If we do not exercise or enforce any right available to us under these Terms of Use, it does not constitute a waiver of that right. We will not be considered to have waived any of our rights or remedies described in these Terms of Use unless the waiver is in writing and signed by us. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any term of these Terms of Use will not constitute a waiver of our right to subsequently enforce such term or any other terms of these Terms of Use.

16. General

  • The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations.
  • GiftCiti has the right, but no obligation, to oversee or monitor any activity and content on GiftCiti.com. GiftCiti may take such action as we deem appropriate, including but not limited to, issue warnings, suspend or terminate service, deny access, remove any content, screen or edit any content and/or to report to law enforcement or other appropriate officials, regulators or third parties.
  • GiftCiti reserves the rights to limit, suspend or terminate its services and user accounts any time, and at its sole and absolute discretion. GiftCiti also reserves the rights to refuse access to or use (including, but not limited to, the suspension of access to or use) of the Website to anyone, at any time, and at its sole and absolute discretion.
  • GiftCiti reserves the right to amend these Terms of Use at any time without prior notice by posting amended terms and conditions on the Website. The amended Terms of Use shall automatically be effective upon posting on the Website. You are responsible for ensuring that you are familiar with the latest Terms of Use. Your continued access, browse or use of the Website represents your acceptance of the amended Terms of Use. These Terms of Use sets forth the entire understanding and agreement between you and GiftCiti with respect to the subject matter hereof.
  • The following sections survive any termination of this Terms of Use: Posted Content, Limitation of Liability, Release, and Indemnity.
  • If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
  • If GiftCiti has posted a translation of the Terms of Use, the translation is provided for reference only and that the English version will prevail.

17. Governing Law and Jurisdiction

This Terms of Use shall be governed in all respects by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong SAR"), without regard to conflict of law provisions. If there is any claim or dispute about or involving GiftCiti, you agree that any claim or dispute must be resolved exclusively by the court of Hong Kong SAR, and you agree to submit to the personal jurisdiction of the courts located within Hong Kong SAR.