Terms of Service

Last updated on: 7 Jul 2022

 

Acceptance of Terms of Service and Amendments

You must read the terms and conditions (as “Terms of Service”) before proceeding to browse our website eshopland.com (as the “Website”). By accessing this Website and any pages thereof, or signing up for an ESHOPLAND Account (as defined below), you acknowledge that you have read the and accept the Terms of Service set out below and on the relevant pages of this website, including but not limiting to ESHOPLAND Privacy Policy (as “Privacy Policy”) and agree to be bound by such terms and conditions. If you do not agree to such terms and conditions below, do not access this Website, or any pages thereof.

These Terms of Service are in addition to any other agreements between you and A DIGITS Limited (as “ESHOPLAND”). The terms or “we”, “us” or “our” shall refer to ESHOPLAND, as the ESHOPLAND Contracting Party (as defined below). The terms “you, “your”, “user” or “customer” shall refer to any individual or entity who accepts these Terms of Services, has accessed to your account of uses the Services. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

We offer to ESHOPLAND users, a one-stop platform for creating one’s online shop or online shopping website, to sell one’s goods and/or services to buyers. (as the “Services”). Any new features or additional Services we launch occasionally shall also be subject to the Terms of Service. ESHOPLAND reserves the right to update and change the Terms of Service by posting updates and changes onto the Website.

Your use of the Website is governed by the version of the Terms of Service in effect on the date this website is accessed by you. The information contained in this Website is current as at the date of publication. ESHOPLAND may, in its sole and absolute discretion, change or modify the Terms of Service, and any policies or agreements which are incorporated herein, at any time, without notice to you, and such changes or modifications shall be effective immediately upon post to this Website.

If you use the Website after the amended Terms of Use have been posted, you will be deemed to have agreed to the last revised Terms of Service. You are advised to check the Terms of Service periodically for any changes that may impact you and if you do not accept such amendments, you must cease using the Services. ESHOPLAND may terminate your use of Services for any violation or breach of any of these terms and conditions.

Certain sections or pages on this website may contain separate terms and conditions, which are in addition to these Terms of Service. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

ESHOPLAND reserves the right to modify, change, or discontinue any aspect of this Website or the Services, including but not limited to prices and fees for the same, at any time.

 

ESHOPLAND Contracting Party

“ESHOPLAND Contracting Party” means A DIGITS Limited, a Hong Kong corporation, with office registered at Unit 1205, 12/F, 99COMMONS, 99 Pui To Road, Tuen Mun, New Territories, HONG KONG.

 

Use of the Services

It is the responsibility of any persons who access the information contained herein to observe all applicable laws and regulations of their relevant jurisdiction. By proceeding, you are representing and warranting that the applicable laws and regulations of your jurisdiction allow you to access the information.

To access and use the Services, you must be at or above the age of 18 and are able to legally enter into contractual agreements. Individuals under the age of 18 (or who are considered as minor under the applicable law) must at all-time use the Services only under the supervision of your legal guardian whom would be deemed to be the user and will be responsible for all actions taken when using the Services.

To sign up for an ESHOPAND account (as the “Account”), you will be the contracting party for the purposes of the Terms of Service and you represent and warrant that all required information you provided is complete, accurate, truthful and up-to-date. If you are using the Services on behalf of a company, organization or other legal entity, you are authorized to use any corresponding Account in connection with the Services, and the legal entity you represent agrees to be bound by the Terms of Service, under applicable laws.

You acknowledge that you are responsible for the creation and operation of your own online shop, complying with all local laws regarding online conduct, operating rules, policies and procedures. Any contract of sale through your online shop is directly between you and your buyer.

You acknowledge and accept that you may not transfer or sell your Account to another user or entity, in any way.

You agree to accept sole responsibility for all activity occurring under your Account and password that are due to your conduct, inaction or negligence. You are responsible for keeping your Account login name and password secure. ESHOPLAND will not be liable for any loss or damage from your failure to maintain the security of your Account and password. If you disclose your Account login name and/or password to any person(s) or entity, you assume all risks and losses associated with such disclosure. If you permit any other person(s) or entity use of your Account, password, or other means to access your Account, you are responsible for any activities performed from your Account and for any use of your personal Account information by such person(s) or entity. If you believe some may attempt to use or has used your Account without your permission, or that any other unauthorized use of security breach, loss or theft has occurred, you agree to immediately notify us.

Based on the pricing plan you subscribe to, multiple admin and staff accounts may be created under your online shop Account. You can set permissions, level of access and allow your authorized person(s) to operate your online shop on your behalf. You will be responsible and liable for the acts, omissions and breaches arising from the use of those authorized accounts in the performance of obligations under the Terms of Service.

You agree to accept responsibility for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”). By posting or publishing Materials to this Website or to your online shopping website via the Services, you represent and warrant that you have all necessary rights to distribute Materials via this Website or via the Services, either because you are the author of the Materials and have the right distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner the Materials. You shall be solely responsible for any and all of your Materials that is submitted through your Account, and the consequences of, and requirements for, distributing it.

You agree not to engage in any prohibited activities, including but not limited to the following prohibited activities:

• use the Services for any illegal or unauthorized purpose or violate any laws in your jurisdiction, the laws applicable to you;
• post content or item which violate any laws, or is prohibited or restricted under the applicable laws;
• post or transmit any inappropriate, inaccurate, false or misleading content or personal or private information in relation to other third-parties;
• trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorized by us;
• post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, national or foreign law, infringe any intellectual property right, proprietary rights or confidentiality obligations of others;
• post or transmit any advertisements, chain letters, pyramid schemes, investment schemes or other unsolicited commercial communication, or engage in spamming or flooding;
• post or transmit any information or software which contains a virus, trojan horse, worm, spyware or other harmful component;
• attempt to modify, adapt or hack this Website, or ESHOPLAND, our affiliated websites or any other website that is associated with ESHOPLAND;
• post or transmit any code of a destructive nature that may damage, detrimentally interfere with, superstitiously intercept or expropriate any system, data or personal information;
• post, publish, transmit, reproduce, distribute or in any way exploit any Information obtained through this Website for advertising, sale, promotion and/or any other commercial purposes without our prior written permission;
• upload, post, publish, transmit, reproduce, or distribute in any way, any component, content, data or information obtained through this Website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without our prior written permission;
• restrict or interfere with any other user from using and enjoying the Website or the Services;

ESHOPLAND does not tolerate the transmission of spam by using our Website or Services. Customers suspected to be using our products or Services for the purpose of sending spam shall be fully investigated. If we determine the Account or Services in question are being used in association with spam, we may suspend, or cancel any Account, or other applicable Services.

ESHOPLAND may reject your registration for an Account, or cancel an existing Account, for any reason, in our sole discretion. A breach or violation of any term in the Terms of Service, or any applicable laws, as determined in the sole discretion of ESHOPLAND may result in an immediate termination of your Services without notice.

ESHOPLAND reserves the right to deny, cancel, terminate, suspend, or limit future access to this Website or any Services to any user (i) whose Account or Services were previously terminated or suspended, whether due to breach of these Terms of Service or any ESHOPLAND policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Website or Services.

 

Fees and Payment

You agree to pay all amounts due for the Services at the time you purchase them. You acknowledge that all amounts paid to us are non-refundable except as otherwise expressly agreed and indicated by us in writing.

ESHOPLAND reserves the right to change its prices and fees at any time, and such changes shall be published online at this Website and effective immediately without notice.

You agree to pay the fees applicable to your subscription plan and Services (as “Subscription Fees”) and any other applicable fees, including but not limited to any applicable fees relating to any purchase or use of any products or our Services or Third Party Service (as “Additional Fees”) through the Website (collectively as “Fees”).

ESHOPLAND may offer free trial of Services to you. ESHOPLAND reserves the right to update and change the free trial Services by posting updates and changes onto the Website. You acknowledge and agree that when you pay for any of our subscription plan and Services, at any time, your trial period of Services offered by ESHOPLAND shall be immediately terminated without any compensation.

If your applicable subscription Fees are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services, unless that date falls after 28^th of the month, in which case your billing date will be the last day of of each month.

We will send billing notice of any applicable Fees to your Account dashboard, and/or via the email address you provided for billing purpose.

You agree to keep a valid payment method on file with us to pay for all incurred and recurring Fees. Your subscription of Services will automatically renew at the then-current renewal price until cancelled and you agree to authorize us to collect the then applicable Fees (without notice), using the authorized payment method on file with us on your Account, until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Hong Kong dollars, and all payments shall be settled in Hong Kong currency.

All Fees are exclusive of applicable taxes, fees or charges now in force or enacted in the future. All sums incurred and payable by you to us under these Terms of Service shall be paid in full, without any deductions, set-off or withholdings whatsoever.

If for any reason ESHOPLAND is unable to charge your authorized payment method on file with us for the full amount owed, or if ESHOPLAND receives notification of a chargeback, reversal, payment dispute, or is charged a penalty of any fee it previously charged to your authorized payment method on file us, you agree that ESHOPLAND may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any Services registered or renewed on your behalf. ESHOPLAND reserves the right to charge you reasonable administrative fees for tasks outside our normal scope of Services, or additional time and/or costs ESHOPLAND may incur in providing its Services, or any costs or fees incurred by ESHOPLAND as the results of chargebacks or other payment disputes brought by you or your Account. These administrative fees or processing fees will be charged to your authorized payment method on file with us.

 

Renewal and Termination

You acknowledge that all Services are offered on automatic renewal in order to prevent interruption or loss of Services.

You may disable the automatic renewal option of the Services or product by visiting your Account Administration Panel. To cancel the automatic renewal means that your Services will terminate upon expiration of the then current term. If you disable the automatic renewal of your Services and fail to manually renew and settle the then current Fees before they expire, you may experience an interruption or loss of services, and ESHOPLAND shall not be liable to you or any third party regarding the same.

Renewals will be charged at ESHOPLAND’s then current pricing, which you acknowledge and agree may be higher or lower than the Fees of the original service period.

You may terminate the Services at any time by contacting the customer service.

ESHOPLAND may suspend or terminate your Account and the use of Services without any reason or notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.

Upon termination of the Services by either party, for any reason, at any time:

• ESHOPLAND will cease provision of the Services and you will no longer be able to access your Account and the data and content in your online shop;
• unless otherwise expressly agreed and indicated by us in writing, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
• any outstanding balance owed to ESHOPLAND under your Account or for your use of the Services through the effective date of such termination will immediately become due and payable in full;
• your online shopping website will be taken offline; and
• ESHOPAND may, in its sole and absolute discretion, remove and destroy the data and content stored or published on the Website.

ESHOPAND may terminate any service associated with your name or Account if your Account activity shows signs of fraud, abuse or suspicious activity. ESHOPLAND reserves the right to determine that any conducted activity is fraudulent. We also reserve the right to take any necessary legal action and you may be liable for monetary losses to ESHOPAND including litigation costs and damages.

 

ESHOPLAND Rights

You acknowledge that this Website and the Services found on this Website are provided “as is”, “as available” and “with all faults”, your use of this Website and the Services shall be at your own risk.

ESHOPLAND reserves the right to modify or cease providing any of the Services or individual features or aspects of the Services at any time, for any or no reason and without notice.

ESHOPLAND does not warrant the availability of this Website or the Services on a continuous or uninterrupted basis. You acknowledge and agree that this Website or the Services may be inaccessible or inoperable for any reason including, but not limited to, periodic maintenance, repairs or replacements; upgrades; equipment malfunctions; or causes beyond our reasonable control or that are not reasonably foreseeable including but not limited to, interruption of failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. ESHOPLAND will not be liable to you or any party with regard thereto.

ESHOPLAND will not be liable to you, any entity or any third party for any modification, suspension, or discontinuance of any of the Services, individual features or aspects of the Services we may offer, provide or facilitate access to.

ESHOPLAND may offer new Services or new features in a pre-release version periodically (as “Beta Services”). Beta Services may be subject to additional terms and conditions. If you choose to use the Beta Services, you acknowledge and agree that the Beta Services may not work properly; your use of the Beta Services may expose you to usual risks of operational failures; the Beta Services or any aspects of the Beta Services may be modified, changed or discontinued at any time without notice.

You acknowledge and agree that any contract of sale through your ESHOPLAND online shop is directly between you and the buyer. We are and shall not be involved in the actual transaction between you and the buyer.

ESHOPLAND does not pre-screen Materials posted to this Website or via the Services. However, ESHOPLAND reserves the right to decide whether any Materials posted or published is appropriate and/or complies with these Terms of Service and ESHOPLAND may remove and destroy any data and files posting or publishing on this Website or via the Services which as determined by ESHOPAND in its sole and absolute discretion as violation of the Terms of Service.

ESHOPLAND does not warrant that the accuracy, quality, safety or legality of any products, services, information, or materials purchased or obtained by you or any user through the Services will meet your expectations, or that any errors in the Services will be corrected.

ESHOPLAND shall own exclusive rights to any user Materials posted or submitted to this Website, and shall be entitled to the unrestricted use and dissemination of any user Materials posted or submitted to this Website for any purpose, commercial or otherwise, without acknowledgement or compensation to you or to anyone else.

You acknowledge that unless otherwise agreed, we may provide the Services to your competitors and make no promise of exclusivity in any particular market segment.

ESHOPLAND does not warrant that the Services will be secure or error-free. You acknowledge and agree that your use of this Website and the Services provided at this Website shall be at your own risk.

 

Links to Third-party Websites

This Website and the Services found on this Website may contain links to third-party websites that are not owned or controlled by ESHOPLAND. ESHOPLAND does not liable to any content, terms and conditions, privacy policies or practices of any third-party websites. In addition, ESHOPLAND does not censor or edit the content of any third-party websites. Your use of any third-party websites is solely at your own risk and discretion. By using this Website or the Services found at this Website, you acknowledge and agree to release ESHOPLAND from any liability arising from your use of any third-party website.

 

Privacy

The privacy of your personal data is important to us and we collect and use your personal data so as to provide the Services to you. By accessing this Website or using the Services provided on this Website, you acknowledge and agree that our collection, usage and disclosure of this personal data is governed by the terms and conditions contained in our Privacy Policy.

 

Intellectual Property

All content on this Website, including but not limited to, the text, images, graphics, illustrations, music, sound, source code, scripts, software and the trademarks, service marks and logos contained, are solely owned by ESHOPLAND.

You acknowledge and agree that you may not download, copy, reproduce, display, transmit, broadcast, distribute, sell, or otherwise use of any of the content on this Website, in any way, for any purposes whatsoever without our prior consent in writing. We reserve the right to take any necessary legal action in relation to any intellectual property infringement or violation of our content on this Website.

ESHOPLAND does not claim or own any intellectual property rights over the Materials and content you publish or submit to us through this Website or the Services. The ownership of the intellectual property rights of such Materials you uploaded, provided or submitted to this Website or the Services remains yours. You are liable to the compliance of the Materials with any applicable law and regulations.

You acknowledge and agree that other users may view the Materials you post, upload, or publish publicly on your online shop; ESHOPLAND may use your Materials post, upload, or publish publicly on your online shop; ESHOPLAND shall have a non-exclusive, royalty-free, perpetual right to use any Materials associated with your online shop.

 

Disclaimer and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICES PROVIDED ON THIS WEBSITE SHALL BE AT YOUR OWN RISK. THIS WEBSITE AND THE SERVICES ON THIS WEBSITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. WE, OUR DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, AFFILIATES AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU ACKNOWLEDGE AND AGREE THAT WE, OUR DIRECTORS, EMPLOYEES, OFFICERS, AGENTS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR ANY CONTENT ON THIS WEBSITE; THE ACCURACY, COMPLETENESS, OR ANY CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE; AND/OR THE SERVICES PROVIDED ON THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE. ESHOPLAND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED ON THIS WEBSITE WILL CONSTITUTE LEGAL, MEDICAL, PERSONAL OR FINANCIAL ADVICE OR CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS WEBSITE. USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE FOR ANY LEGAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS.

YOU ACKNOWLEDGE AND AGREE THAT WE, OUR DIRECTORS, EMPLOYEES, OFFICERS, AGENTS AND AFFILIATES ARE NOT LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER, INCLUDING BUT NOT LIMITED TO ANY THAT MAY RESULT FROM THE ACCURACY, COMPLETENESS OR ANY CONTENT OF THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE; THE SERVICES PROVIDED ON THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE; PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER; THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER; ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE; ANY VIRUSES, BUGS, WORMS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE; ANY USER CONTENT OR CONTENT THAT IS ABUSIVE, DEFAMATORY, HARASSING, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, OBSCENE OR OTHERWISE OBJECTIONABLE; AND ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS WEBSITE AND THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE TO ANY DISPUTE, CLAIMS, DEMANDS OR DAMAGES OF ANY NATURE WHATSOEVER AND HOWSOEVER ARISING BETWEEN YOU AND ANY OTHER PERSON OR ENTITY, IN CONNECTION WITH ACCESS OR USE OF THIS WEBSITE OR THE SERVICES PROVIDED IN THIS WEBSITE.

YOU AGREE TO PROTECT, INDEMNIFY AND HOLD US OUR DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, AFFILIATES AND THIRD PARTY SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, COSTS, EXPENSES, LOSSES, LIABILITIES AND DAMAGES OF ANY KIND AND ANY NATURE IMPOSED UPON OR INCURRED BY ESHOPLAND DIRECTLY OR INDIRECTLY ARISING FROM YOUR USE OF AND ACCESS TO THIS WEBSITE AND THE SERVICES PROVIDED ON THIS WEBSITE; YOUR VIOLATION OF ANY PROVISION THIS TERMS OF SERVICE OR THE POLICIES OR AGREEMENTS WHICH ARE INCORPORATED HEREIN; AND OR YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING BUT NOT LIMITED TO ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT. THE INDEMNIFICATION OBLIGATIONS SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS TERMS OF SERVICE OR YOUR USE OF THIS WEBSITE OR THE SERVICES PROVIDED ON THIS WEBSITE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATIONS OF THIS TERMS OF SERVICE OR YOUR USE OF THIS WEBSITE OR THE SERVICES PROVIDED ON THIS WEBSITE.

 

Miscellaneous

You agree that nothing contained in the Terms of Service shall be deemed or construed as creating a joint venture, partnership, employment, or agency relationship between you and ESHOPLAND.

If any provision of the terms and conditions is found to be unenforceable, then such provision shall be modified and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law, and served with the remainder of the Terms of Service in full force and effect and shall not constitute a waiver of such provision.

The Terms of Service constitute the entire agreement between you and ESHOPLAND and govern your use of the Services, it supersedes all prior communications or contemporaneous understandings and/or agreements, whether in written, oral or electronic howsoever, between you and ESHOPLAND.

You acknowledge and agree that you may not assign or transfer any of the foregoing rights and obligations, to any other person or entity, without our prior written consent. Any attempted assignment or delegation of any rights and obligations, without our prior written consent, shall be deemed null and void. We may assign or transfer our rights and obligations under the Terms of Service to another entity at any time at our sole discretion.

 

Governing Law and Jurisdiction

The Terms of Service shall be governed by and construe in accordance with the laws of the Hong Kong Special Administrative Region. You agree to submit to the jurisdiction of the courts of the Hong Kong Special Administrative Region.