1. Purchases In Stores Featured On Our Platform
- Customer shall place orders with the Merchant as per the instructions provided in our Platform. All order(s) the Customer places with the Merchant are regarded as offers and the Merchant accepts the order(s) when our Platform emails you a confirmation. At this point, a contract between the Customer and the Merchant is formed but may be subject to the Merchant’s separate terms and conditions and/or terms of service (if any). We are not liable to any person or entity in relation to a sale and purchase of any goods or services featured on our Platform. We are not responsible for the enforcement of any contractual obligations between Merchants and Customers or as between Customers and any third parties responsible for fulfillment of any purchases. We shall not be held liable for any direct and/or indirect damages that may arise from or in connection with any sale and purchase.
- Once the Customer has placed an order and the Merchant has confirmed to ship or fulfill the orders, we will send the Customer an email for feedback on the goods and/or services provided. We appreciate any feedback provided by the Customer which will be visible to other Customers visiting the Merchant’s store. We shall not be held liable or responsible for any claim arising out of or in connection with the content of any feedback.
- Hi5 Place has no control over and can therefore not guarantee nor warrant the existence, quality, safety, or legality of the products or services offered or advertised on our Platform, the accuracy, completeness, or truth of any information, content, or listings posted by any Merchant and/or User, the creditworthiness of any Merchant and/or User, the ability of Merchant to sell or Customer to buy, whether a particular product and/or service is suitable for a particular purpose or whether or not a particular Merchant and Customer will complete a particular transaction.
- You may find company information relating to each Merchant, including company background, shop address, contact emails, and phone numbers, available on the Merchant’s website. For any questions or problems relating to the Merchant’s website, any products or services, you can contact the Merchant by telephoning, emailing or online messaging the Merchant.
- We have not involved in any transactions between Merchant and Customers and our role is solely that of providing a platform on which Merchant stores may be featured, by using our Platform, in which our Platform serves as a marketplace for Merchants and Customers. We do not process payments or participate in the fulfilment of purchases on behalf of Merchants. Customer should choose their preferred payment method from among those methods made available by the Merchant. Customer must choose their preferred fulfillment method, including delivery from those offered by Merchants. All payment and delivery arrangements are governed by the Merchant’s Terms of Sale and the relevant terms of the electronic payment provider and fulfillment services provider (if any). We are not liable under any circumstances for any issues or losses arising out of and/or in relation to payments and delivery. As such, our role is merely mechanical and administrative in nature in that we make our Platform available for Merchants to establish and operate their online stores.
- We are not an agent of any Customer or Merchant or third party.
- We may at our sole discretion (but we have no obligation to) check, audit, and/or monitor the information contained in listings, comments, and/or reviews posted by any Customer without notifying the concerned Customer.
- The images of the products and/or services on the online stores created by the Platform are for illustrative purposes only. The products and/or services that you purchase may vary from those images.
- Our Platform is solely for the performance and purchase of goods and/or services in countries in which we operate and is not limited to Hong Kong.
2. Customer’s Rights To Make Changes To Orders Placed
In the event that any Customer decides to vary an order that has already been placed with a Merchant for whatever reason (the “Change”), the Customer shall contact the Merchant directly. The Merchant’s terms of sale shall govern the Change and Hi5 Place plays no part in the Change and shall not be held liable for any claims whatsoever arising out of or in connection with the Change.
3. A Customer’s Rights To End A Contract
If the Customer wishes the terminate a contract to purchase any product or service for for reasons not limited to any defect in all or part of the goods and/or services provided (the “Termination”), he or she shall contact the Merchant directly. The Merchant’s terms of sale shall govern the Termination and Boutir plays no part in the Termination and shall not be held liable for any claims arising out of or in connection with the Termination.
4. Return of Products & Refunds
- A customer has the right to return any product purchased from a Merchant but such right shall be governed by the relevant terms of the Merchant’s return and refund policy.
- Customer has the right to request a refund on any product that has been returned to a Merchant but such right shall be governed by the relevant terms of the Merchant’s own return and refund policy.
- Hi5 Place does not play any role in facilitating returns, requesting refunds or intervening on Customers’ behalf regarding returns or refunds.
5. Merchant’s Use of Customer’s Personal Information
- The Merchant is the information controller and processor who will collect and use any personal information that the Customer provides through the Platform for purposes not limited to the following:
- to supply the product and/or services to you;
- to process your payment and delivery for the products and/or services; and
- with your consent, to provide you information on product updates and promotions that the Merchant
a Merchant’s Terms of Service
In addition to the Terms, the following additional terms shall apply to all Merchants:
1. Subscription Terms
- When you initially subscribe to a Subscription Plan, you will be charged immediately for the initial term of 3 months or 1 year at the then-current subscription fee for the applicable subscription tier. Your subscription will automatically renew upon the expiry of the initial term and/or at the end of each subsequent renewal term at the then-current subscription fee.
- By subscribing to the Subscription Plan, you authorize Hi5 Place to charge the applicable recurring subscription fees through your designated billing payment method. There will be NO refund of the subscription fees paid.
- You will be charged in advance for the renewal term of the Subscription Plan on the applicable billing date (the “Charge Date”). The subscription fee charged on the Charge Date applies to the subscription period immediately following the Charge Date (e.g., the calendar year immediately following the Charge Date).
- You may update any of your billing information (including a change to your desired billing payment method) through your account settings or by contacting Hi5 Place at firstname.lastname@example.org.
- In the event of a dispute between the Merchant and Hi5 Place in relation to any issues arising out of or in connection with the subscription services, Hi5 Place shall have the full discretion to determine the issue and its decision shall be final.
2. Fair Use Policy
In order to provide a reliable and high-quality service, Hi5 Place has a Fair Use Policy (“FUP“) in place to establish an equitable balance across Services for all Merchants. The purpose of this FUP is to prevent excessive use that may unreasonably impact the availability of the Service for other users.
The FUP applies to this Agreement in respect of the Service provided by Hi5 Place and to the online store (website), transactions, and customers created by using Hi5 Place’s Services. Whilst Hi5 Place undertakes to handle the website traffic on behalf of all its Merchants if an unreasonably large amount of traffic is detected to be generated for an individual Merchant, or that automated behavior is detected, this Fair Usage Policy will apply.
Our Fair Usage for any Service with unlimited usage or without stating the usage limit is based on regular usage of 1 Merchant, determined to be 500 SMS sent in a month for member registration and login, 10,000 transactions in a day. Hi5 Place reserves the right to charge the Merchants for the additional usage after reaching the fair usage level.
Furthermore, any changes to Fair Usage can be determined by Hi5 Place at its sole discretion and may be calculated from the online store traffic made by a Merchant and comparing this against other Merchants, or otherwise by virtue of the experience of Hi5 Place in dealing with the Merchant’s individual requirements and the conduct of their account.
If we in our sole opinion decide that your usage does not reflect the Service being subscribed to, your online store may be restricted until your next subscription cycle.
For any unreasonably high usage or sharing of login details outside of the original Merchant with the Subscription, Hi5 Place reserves the right to block or permanently delete your account without any notice. No claim of any sort in this regard will be accepted and no refunds will be issued. By using our Service, you commit us that any of your claim/disputes in this regard raised by you or by your bank will be automatically rejected.
3. Merchant’s Additional Warranties
- Merchant is solely responsible for all advertising, promotions, loyalty-based offerings made available to Customers (each an “Offer”) and all other Content including but not limited to branding, trademarks, logos, data, text, images, graphics that it posts on our Platform.
- The Offer and other Content are provided and solely determined by Merchant. Merchant is solely responsible for ensuring the accuracy, reliability, integrity, quality, and validity of the Offer and Content.
- You represent and warrant that you own or have the necessary licenses, rights, consents, permissions, and releases for your Content and to grant the licenses and rights set out in the Terms and these terms that apply solely to Merchants. You are also responsible for any fees, royalties or other monies owing by reason of any Content you provide.
4. Billing authorizations for free trials
We may offer free trials for Subscription Plans. To register for a free trial, you may be required to provide an applicable billing payment method. In the event that you subscribe to the free trial, you agree to give Hi5 Place a pre-authorization to charge for the subscription fee that will be applicable for the Subscription Plan if you continue with the Subscription Plan after the free trial expires. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges, and Hi5 Place will not be responsible for any results, such as overdraft fees, that may occur with your account as a result of such authorizations.
5. Cancellation of a Subscription Plan
- You may cancel your subscription at any time by following the instructions set forth on our Platform. Once you have cancelled your subscription, Hi5 Place will suspend the auto-subscription fee renewal for you until and unless you re-subscribe. All of the fees paid and charges made prior to termination are non-refundable. Termination of your subscription shall not relieve you of any obligations to pay accrued charges. Your Subscription Plan will terminate on the date that is the day following your last charge cycle.
- In the event that you re-subscribe while an existing Subscription Plan is active, your existing Subscription Plan will end on the original expiry date and your subscription will be extended to the new expiry date.
- You agree that Hi5 Place, in its sole discretion, without prior notice, may freeze or terminate your Subscription Plan for reasons, including but without limitation to your breach of these Terms.
- Hi5 Place may also in its sole discretion, and at any time, modify or discontinue any Subscription Plan, or any part thereof, without notice. Additionally, Merchant hereby agrees that Hi5 Place shall not be liable to you or any third-party for any claims or direct or indirect loss arising out of or in connection with the interference with, or termination of, the Merchant’s access to the Subscription Plan.