hktdc.com Small Orders (Chinese Mainland) User Agreement

"Agreement" this User Agreement and the policies and documents mentioned in this User Agreement as amended by HKTDC from time to time.
"Buyer" the party which browses and enquires about product information, makes transaction agreement(s) and/or completes transaction(s) with Supplier(s). The Website welcomes all Chinese mainland persons and companies to participate as Buyers. Hong Kong or overseas persons and companies may enjoy our Buyer services on hktdc.com Small Orders. Unless otherwise specified, "Buyer" in this Agreement refers to both registered and non-registered Buyer. You understand that non-registered Buyers cannot enjoy the full functions of this Platform and thus some clauses may not be applicable.
"Claimant" as defined in Clause 8.14 of this Agreement.
"Clause(s)" clause(s) of this Agreement.
"Confidential Information" as defined in Clause 12.4 of this Agreement.
"Content" any information, material, document, text, image, video clip, directory, file, database, listing, service, and/or mechanism provided, produced and hosted by, linked to or accessed through the use and/or provision of hktdc.com Small Orders (Chinese Mainland).
"Dispute Resolution Rules" as defined in Clause 3.16 of this Agreement.
"HKIAC" as defined in Clause 8.5 of this Agreement.
"HKTDC", "we", "our" or "us" Hong Kong Trade Development Council.
"HKTDC Affiliates" or "Our Affiliates" HKTDC's agents, licensors and selected third-party Content providers, and their respective agents, officers, affiliates and employees.
"hktdc.com Small Orders (Chinese Mainland)" the online platform designated as "hktdc.com Small Orders (Chinese Mainland)" provided by HKTDC; and (where the context permits) refers to the platform provider, namely, HKTDC.
"Personal Data" personally identifying information or data (including but not limited to names, ages, addresses, occupations, contacts, other personal details and credit card information), and including all information or data of platform Users.
"Relevant Rules" the main text of hktdc.com Small Orders (Chinese Mainland) User Agreement and all rules which are already or will be published by hktdc.com Small Orders (Chinese Mainland).
"RMB" Renminbi, the lawful currency of the People's Republic of China.
"Services" services provided by HKTDC on the hktdc.com Small Orders (Chinese Mainland), including the allowing of access to any of the Contents made available by HKTDC on hktdc.com Small Orders (Chinese Mainland).
"Sourcing Credit" any subsidy, credit, rebate and/or other forms of benefit (if any) HKTDC may in its sole and absolute discretion from time to time offer to Buyers for use in relation to transactions on hktdc.com. Such subsidy, credit, rebate and/or other forms of benefit will be paid by HKTDC to Suppliers who have accepted payment from Buyers and completed the relevant transactions on hktdc.com Small Orders (Chinese Mainland).
"Sourcing Credit Terms" the separate terms and conditions, policies and procedures as may be established, notified and/or published by HKTDC from time to time governing any Sourcing Credit at the time of or in relation to the offering of any one or more of the Sourcing Credit offered.
"Supplier" or "Advertiser" the party which displays and sells products and/or finally finishes the transaction with Buyer(s) through hktdc.com Small Orders (Chinese Mainland). In compliance with the relevant laws, the Website only accepts Supplier registration from persons and companies outside Chinese mainland. Chinese mainland persons and companies may enjoy our Supplier services on hktdc.com Small Orders. For the avoidance of doubt, Buyers may also purchase products sold by the Platform under specific marketing campaigns.
"Supplier Business" as defined in Clause 10.1 a. of this Agreement.
"Third-Party Payment Institution" payment service provider(s) as designated by HKTDC from time to time.
"Trade Dispute" as defined in Clause 8.4 of this Agreement.
"Transaction Service Fee" service fee charged by the Third-Party Payment Institution for payment processing or other services provided in facilitation of the transaction between Buyer and Supplier. The Transaction Service Fee is subject to revisions at any time, without prior notice to you.
"USD" US dollar, the lawful currency of the United States of America.
"User", "you" or "your" any person, corporation, company or entity who accesses hktdc.com Small Orders (Chinese Mainland) for whatever purpose, including but not limited to any Buyer or Supplier of any transaction carried out or facilitated by hktdc.com Small Orders (Chinese Mainland), and regardless of whether said User has registered on hktdc.com Small Orders (Chinese Mainland) or whether said User is a paying customer for a specific service provided by hktdc.com Small Orders (Chinese Mainland), HKTDC, or any of HKTDC's affiliate. A User includes the person using hktdc.com Small Orders (Chinese Mainland) and any legal entity which may be represented by such person under actual or apparent authority.
"Website" or "Platform" "hktdc.com Small Orders (Chinese Mainland)", including the Services offered therein, and any other website from time to time hosted or linked up by HKTDC in connection with the Services.
In this User Agreement:
  • the singular includes the plural and vice versa;
  • the expressions "including", "for example" and similar expressions are not words of limitation;
  • references to anything, amount or group of persons are references to the whole and each part of that thing or amount, and all and each person in that group; and references to time are, unless otherwise stated, to Hong Kong time;
  • when a time limit is stipulated, the number of days shall be deemed to refer to the number of calendar days (unless otherwise specified), including the day on which the period commences. For example, if a party is granted the right to take an action within 15 calendar days from 1 January, such action should be taken on or before 15 January;
  • the expression "working day(s)" shall mean any day(s) other than Saturday, Sunday or a general holiday in Hong Kong. Please refer to the information released by The Government of the Hong Kong Special Administrative Region.

Welcome to the hktdc.com Small Orders (Chinese Mainland). To protect your rights and interests, please carefully read and fully understand the full content of this Agreement before using the Services. Your use of hktdc.com Small Orders (Chinese Mainland) is subject to the terms and conditions contained in this User Agreement as well as hktdc.com Terms of Use, the Product Listing Policy, the IPR Complaint Procedure and Guidelines, the Privacy Policy Statement, application forms completed in connection with hktdc.com Small Orders (Chinese Mainland), any Sourcing Credit Terms, and any other rules and policies that HKTDC may publish on any website forming part of hktdc.com Small Orders (Chinese Mainland). In the event of any conflict between this Agreement and any other agreement as set out in any of the aforesaid documents during or in connection with the use of the Platform, the terms of this Agreement shall prevail.

Chapter 1. Agreement Content and Execution
1.1 The Agreement is binding upon both you and HKTDC and is the premise for HKTDC to provide you with the Services. The Agreement includes the main text and all rules which are already or will be published by hktdc.com Small Orders (Chinese Mainland). All Relevant Rules are an integral part of this Agreement and have the same legal effect as the main text of this Agreement.
1.2 You must carefully read the full content of this Agreement before using the Services. The use of the Services means you have read and agree to comply with this Agreement and all Relevant Rules. If you have any question regarding this Agreement or any other Relevant Rules, you should consult your professional advisers. However, regardless of whether you have actually read this Agreement and/or all other Relevant Rules before using the Services, as long as you use any of the Services, you will be deemed to be bound by this Agreement and all other Relevant Rules. You may not use the reason of not having read the Agreement or any other Relevant Rules or not having received answers to enquiries from hktdc.com Small Orders (Chinese Mainland) as a basis to invalidate or cancel, or to refuse to be bound by, this Agreement and/or any other Relevant Rules.
1.3 Once there is any change in this Agreement and/or any other Relevant Rules, hktdc.com Small Orders (Chinese Mainland) will inform you by notice on the Website or other means. If you do not agree to this Agreement and/or any other Relevant Rules and/or relevant changes thereto, you must cease use of the Services immediately. Your continued use of any of the Services shall be deemed as your acceptance of the amended Agreement and/or Relevant Rules.
Chapter 2. Account Registration and User Information
2.1 By using the Services provided on hktdc.com Small Orders (Chinese Mainland) (including but without limitation to the posting of any company or product information, entering into of any sale or purchase contract, subscribing to or making any payment for any service), you acknowledge that (in the case of an individual User) you are a natural person of at least 18 years of age who has full legal capacity or (in the case of a corporate User) you are a legal entity duly registered and that the actual user is duly authorised to enter into this Agreement for and on your behalf. If you do not meet these eligibility requirements, we may reject your application for registration or terminate your account at any time without notice.
2.2 You understand and agree that the registered Users are either "Buyer" or "Supplier". If you wish to register as Buyer, please proceed to hktdc.com for registration. If you wish to sell on hktdc.com Small Orders (Chinese Mainland), you have to become a verified Supplier on hktdc.com. For details, please refer to Supplier Guide. You are highly encouraged to register an account on the Platform to use the full functions of the Platform. Regardless of whether you have registered on the Platform or not, by using of the Services provided on hktdc.com Small Orders (Chinese Mainland), you are bound by the User Agreement. You agree that your user information will be used on both www.hktdc.com and hktdc.com Small Orders (Chinese Mainland).
2.3 Except with hktdc.com Small Orders (Chinese Mainland)'s approval, one User may only register one account on hktdc.com Small Orders (Chinese Mainland). hktdc.com Small Orders (Chinese Mainland) reserves the right to cancel or terminate a User's account if hktdc.com Small Orders (Chinese Mainland) has reasons to suspect that the User has been concurrently registered or is in control of one or more User accounts. hktdc.com Small Orders (Chinese Mainland) shall have the sole and absolute discretion to reject a User's application for registration or terminate a User's account at any time without notice for any reason whatsoever.
2.4 One User account can only be connected to one email address and accessed by that particular email address. You are responsible for the security and secrecy of your account, password, connected email and other information and shall not disclose any such credentials to any third party (other than your authorised representatives and/or agents). You agree that you will immediately inform hktdc.com Small Orders (Chinese Mainland) in the event that you discover any unauthorised use of your account via email to the staff of hktdc.com Small Orders (Chinese Mainland). hktdc.com Small Orders (Chinese Mainland) shall not be liable for any kind of loss directly or indirectly resulting from credentials being disclosed for whatsoever reasons, save for gross negligence, fraud, or wilful misconduct on the part of hktdc.com Small Orders (Chinese Mainland).
2.5 If more than one individuals are managing your account, you will be responsible for coordinating the use of your account information. You and the actual users of your account shall bear joint responsibility for all activities that occur (for whatsoever reasons) under your account and connected email. hktdc.com Small Orders (Chinese Mainland) shall not be liable for any kind of loss directly or indirectly resulting from account information being disclosed for whatsoever reasons.
2.6 Secure Socket Layer (SSL) has been installed on hktdc.com Small Orders (Chinese Mainland), and you agree and acknowledge that all relevant information provided to hktdc.com Small Orders (Chinese Mainland) is provided at your sole risk and may open for all users and public access without limitation. You clearly understand that unauthorised third parties may be able to access such information during its transmission.
2.7 You must timely update your User information to ensure all your User information is accurate, complete and legitimate. You should be solely responsible for any loss incurred directly or indirectly or adverse consequence arising as a result of the provision of wrong, incomplete or illegitimate User information, while hktdc.com Small Orders (Chinese Mainland) will not assume any responsibility.
2.8 If the account registration information that you provide to hktdc.com Small Orders (Chinese Mainland) is inaccurate, untrue, illegal or harmful, hktdc.com Small Orders (Chinese Mainland) shall have the right to take measures such as not to handle the registration, terminate your account or suspend your use of the Services, and shall reserve all rights to terminate all Services provided to you.
2.9 We and our Affiliates will not be liable to you for any liability, claim, demand, action, proceeding, loss, damages, penalty, tax, costs, charge and expense of any kind arising out of or in connection with any termination or suspension of your account, or any rejection of registration application, save for gross negligence, fraud, or wilful misconduct on the part of hktdc.com Small Orders (Chinese Mainland).
2.10 Upon the termination of your account for whatsoever reasons: (a) we may at our sole discretion elect to cancel or not to cancel any transaction uncompleted at the time of termination; (b) you will remain liable to pay all fees, cost and charges, and to perform all obligations incurred up to the date of termination, including but without limitation to any such obligations arising out of uncompleted transactions at the time of termination (unless the transaction has been cancelled in accordance with sub-clause (a) of this clause); (c) without prejudice to the other provisions in this Agreement, all funds held with us eligible but remains to be settled to you shall be remitted after the offset of all sums payable to us for whatsoever reasons; (d) all licences or other rights granted to either party under this Agreement shall immediately terminate; and (e) we owe no obligation to you to store, retain or make available to you copies of any transaction record, history or any other information in connection with your account or your previous use of the Service.
2.11 You agree that even though this Agreement and/or the Services have been terminated, hktdc.com Small Orders (Chinese Mainland) still has the right to:
  1. continue to save your user information and all transaction information generated during your use of the Services; and
  2. continue to make claims against you if you have committed an illegal act or a breach of this Agreement and/or the Relevant Rules during your use of the Services, which you are liable for the related responsibilities.
Chapter 3. Guideline on the Use of hktdc.com Small Orders (Chinese Mainland)
3.1 hktdc.com Small Orders (Chinese Mainland) provides the Services to you through the Platform. You may post, browse and enquire about product information on hktdc.com Small Orders (Chinese Mainland), enter into transaction agreement(s) and complete transaction(s) with other Users, sign up for activities organised by hktdc.com Small Orders (Chinese Mainland) and use other information and technical services provided by the Website.
3.2 hktdc.com Small Orders (Chinese Mainland) reserves the right to levy fees or charges, such as advertising fee and administrative fee for the use of any of the Services, including but not limited to access of information or Content on hktdc.com Small Orders (Chinese Mainland) or provided by hktdc.com Small Orders (Chinese Mainland) without prior notice to you and without cause. If hktdc.com Small Orders (Chinese Mainland) decides to levy such charges, hktdc.com Small Orders (Chinese Mainland) will inform Users of the amount or rate therefor, identifying the Services concerned, by posting on the Platform, by the change of the Relevant Rules or by other means, and such charges shall become effective immediately. By requesting, commencing or continuing the use of the relevant Service(s), including but not limited to accessing the information or Content at any time after such publication, you agree to pay to hktdc.com Small Orders (Chinese Mainland) such charges.
3.3 You guarantee that during your registration and use of your hktdc.com Small Orders (Chinese Mainland) account, you undertake to comply with the following provisions:
  1. All acts conducted during use of the Services must comply with all applicable laws, legal regulations, rules and requirements, and you must not violate social public interest or public morals, must not adversely affect the legitimate rights and interests of others, and must not violate this Agreement and all other Relevant Rules;
  2. You must act in good faith, must not undertake any behaviour of unfair competition, must not disturb the normal order of online transactions, and must not engage in actions unrelated to online transactions during any transaction with other User(s);
  3. You should not post or transmit information that contains false, inaccurate, misleading, defamatory, libellous, discriminatory, threatening, harassing, objectionable, offensive or unlawful content;
  4. (Applicable to Suppliers) you must not post any information of products that are prohibited or restricted to be sold by any applicable law, regulation (except with a valid and effective government permit) and hktdc.com Small Orders (Chinese Mainland) policy (including but not limited to hktdc.com Small Orders (Chinese Mainland)'s Product Listing Policy); or product information that may infringe upon the intellectual property rights or other legal rights and interests of others; or product information that violates social public interests and/or public morals; or information that may violate the applicable law or this Agreement and all other Relevant Rules;
  5. You must not spread spam, bulk malicious electronic communications, chain letters, and/or pyramid schemes information; must not distribute viruses or any other technology that may harm the legitimate rights and interests of hktdc.com Small Orders (Chinese Mainland), its websites, and other Users;
  6. You must not aggregate, copy or disseminate information of other Users, including, but not limited to, their email addresses and User IDs, without their consent in advance, nor make any attempt to copy, reproduce, exploit or expropriate hktdc.com Small Orders (Chinese Mainland)'s various proprietary directories, databases and listings;
  7. You must not link contents that may directly or indirectly violate this User Agreement and Relevant Rules to any other website; and
  8. You must not use any device, software or routine procedures to interfere or attempt to interfere with the normal operation of the hktdc.com Small Orders (Chinese Mainland), or any transaction or activity carried out on the hktdc.com Small Orders (Chinese Mainland) website. You must not carry out any action that will cause an unusually large data load to the network system of the hktdc.com Small Orders (Chinese Mainland) website.
3.4 If you have violated any of the rules above, hktdc.com Small Orders (Chinese Mainland) and its authorised parties will have the right to at its sole discretion request you to make corrections at any time, or take all such necessary measures as HKTDC may think fit without your consent (including but not limited to the termination of your account, amendment or deletion of the Contents published by you, and suspend or terminate your rights to use the Services of hktdc.com Small Orders (Chinese Mainland) in order to mitigate the influences caused by your inappropriate acts. If the violation results in any legal consequence, you will be solely liable for all legal responsibilities, and shall indemnify HKTDC of any liability, claim, demand, action, proceeding, loss, damages, penalty, tax, costs, charge and expense of any kind arising out of or in connection with such violation.
3.5 hktdc.com Small Orders (Chinese Mainland) is a platform provider, which will not sell any product on behalf of any Platform User nor guarantee the quality of any product listed by any Platform User on the Platform. Users may enter into transactions with other Users at their own risks, and are solely responsible for arranging shipment, all the exportation and importation processes as required by the customs (including but not limited to product senders' responsibility to perform customs declaration and product recipients' responsibility to clear the customs in person in local customs authorities as may be required by the customs), the payment of all resulting taxes (including but not limited to Personal Postal Articles Tax and the integrated tax under General Trade Import), costs for all hardware, software, services and any other fee payable in relation to the transactions at their own costs and risks and such arrangements may be agreed between the respective Users during the use of the Services. You guarantee to comply with all applicable laws, legal regulations, rules and requirements, agree to accept the regulations from customs, inspection and quarantine institutions and other regulators, and bear all relevant legal responsibilities. If you are penalised due to any law, rule and regulation as may be applicable, hktdc.com Small Orders (Chinese Mainland) will not be liable. hktdc.com Small Orders (Chinese Mainland) shall not be liable or responsible under any circumstance to arrange for shipment, pay delivery fee for dispatch, clear customs, pay customs duties, taxes, surcharges and penalty imposed by the customs, delivery fee for product return or handling fee charged by the logistics company etc. on the behalf of any Users.
3.6 You understand and agree that hktdc.com Small Orders (Chinese Mainland) has the right to determine whether or not you have violated the provisions of this Agreement and/or Relevant Rules, and to suspend or terminate the Services to you without being liable to you or any third party for any responsibility.
Information for Buyers
3.7 You understand that your search results on hktdc.com Small Orders (Chinese Mainland) are automatically generated by computer based on the keyword input for the search. The search results do not imply that HKTDC is in favour of or endorsing the contents or standpoints on the resulted webpages, nor a recommendation or guarantee of the products displayed and sold by Suppliers on hktdc.com Small Orders (Chinese Mainland) is made by HKTDC.
3.8 You can browse the product information posted by Suppliers on hktdc.com Small Orders (Chinese Mainland). You understand that hktdc.com Small Orders (Chinese Mainland) is a platform where you can obtain product information and Supplier information for your carrying out of negotiations and transactions regarding products. You understand that the descriptions of products sold by Suppliers on hktdc.com Small Orders (Chinese Mainland) are provided by Suppliers themselves. While Suppliers are advised to describe every product as accurate and detailed as possible, hktdc.com Small Orders (Chinese Mainland) will not control, and shall not make any guarantee of, the quality, fitness, reliability, safety or legality of any product sold by Suppliers. It should be noted in particular that the presentation and colour of products on hktdc.com Small Orders (Chinese Mainland) can be different from the real ones because of the difference in display under the use of different web browsers or computer monitors while viewing webpages. Hence, all images, videos and other product display methods are for illustration reference purpose only.
3.9 You should carefully consider the authenticity, legality and validity of products and product descriptions, and the applicability of the products and will bear sole responsibility for your judgment. For example, 1) The applicable standard of the products in the location of the Suppliers might be different from the applicable standard of the products in your location; 2) The products you purchased might not have labelling in Chinese language, and you may have to check the labelling translation on your own or consult the Suppliers. You must agree that, hktdc.com Small Orders (Chinese Mainland) will not take responsibility for any direct or indirect loss caused by product quality issues, including but not limited to the aforementioned situations. However, the Suppliers are advised to carry out the guaranteed services according to the Relevant Rules.
3.10 If you wish to place and pay for an order, you need to follow the instructions on the Website to submit information of the product being transacted and your personal or company information, including but not limited to product specification and quantity, your mobile number, your name or company name and shipping address. You must review and verify the information of the products being transacted, including unit price, buying quantity, payment method, shipping method and cost, etc. The aforementioned information stored at hktdc.com Small Orders (Chinese Mainland) server will be regarded as the evidence for the resolution of disputes in relation to the corresponding transaction. By submitting order, you confirm that all the information included in the order is accurate and complete.
3.11 The product price and shipping fee are in USD, with a reference RMB price shown on the Platform. The limit of each transaction on hktdc.com Small Orders (Chinese Mainland) is USD1,000 (including the product price and delivery fee), and each transaction should include products from one Supplier only. If your order amount for a single order exceeds this transaction limit or includes products from more than one Supplier, you will not be able to proceed to payment. Under these circumstances, you have to split your order to proceed payment.
3.12 You understand and agree that Buyers will make the relevant payment in RMB to hktdc.com Small Orders (Chinese Mainland) through the Third-Party Payment Institution. hktdc.com Small Orders (Chinese Mainland) will collect your payment on behalf of Suppliers and remit the payment to Suppliers. You hereby authorise us to hold, receive and disburse funds in accordance with this Agreement and all other Relevant Rules.
3.13 You understand and agree that under the relevant foreign exchange control policies in the mainland, you will authorise the Third-Party Payment Institution to complete currency exchange. Therefore, you are required to be bound by the relevant agreements requested by Third-Party Payment Institution, and should be liable for any legal consequence in this respect. You understand that due to the fluctuation in currency exchange, the reference RMB value shown on the Platform will be updated regularly and is for reference purpose only. The actual exchange rate provided by the Third-Party Payment Institution shall prevail and this means that the RMB amount which you are actually required to pay may be different from the reference RMB price shown on the Platform, and hktdc.com Small Orders (Chinese Mainland) will not assume any responsibility for any loss incurred by you as a result of such difference.
3.14 After you have placed an order and completed the payment through the Third-Party Payment Institution, a notification of the order will be sent to the relevant Supplier, which shall arrange for shipment of products to the address designated by you. Any cost and expense incurred in delivery (including but not limited to shipping fee, shipping insurance fee, inspection fee, customs duties and other tax items) should be borne by the Buyer solely, unless otherwise agreed between the Buyer and the Supplier. You understand and agree that hktdc.com Small Orders (Chinese Mainland) will not inform the Supplier to dispatch the products until the Buyer has paid for the order. Your timely, full and valid payment is the premise for the Supplier to ship the products to you.
3.15 (Applicable to cases where the products are not sold by the Platform) hktdc.com Small Orders (Chinese Mainland) is neither the party that provides or sells the products, nor a participant in any trade transaction entered into between you and the Supplier, and is not in any way involved in any legal relationship or dispute arising out of or in connection with the transaction.
3.16 A Buyer may raise disputes in relation to the transaction entered into between the Buyer and the Supplier to hktdc.com Small Orders (Chinese Mainland). In the event that resolution in accordance with the Dispute Resolution Rules (the "Dispute Resolution Rules") is elected (whether voluntarily or by default under this User Agreement), you hereby agree and irrevocably authorise hktdc.com Small Orders (Chinese Mainland) to make determinations based on including but without limitation facts relevant to the dispute, the basic principles set forth in the Dispute Resolution Rules, commonly accepted practices in international trading, supporting materials provided by the relevant Buyer and Supplier and any other factors and considerations as hktdc.com Small Orders (Chinese Mainland) thinks fit. You agree and acknowledge that (subject to any other provisions in this User Agreement) any such determinations by hktdc.com Small Orders (Chinese Mainland) shall be final and binding on you. You understand and agree that hktdc.com Small Orders (Chinese Mainland) is a non-judicial body. The handling of disputes by hktdc.com Small Orders (Chinese Mainland) is completely based on your authorisation. hktdc.com Small Orders (Chinese Mainland) will not guarantee that the determinations will fulfil your expectations, and will not bear any responsibility in relation to such determinations so long as the determinations are made in accordance with this Agreement and all other Relevant Rules. If you suffer any loss as a result of any such determinations, you understand that your only remedy is to claim damages from the responsible User.
3.17 Due to reasons beyond reasonable control of HKTDC, such as the Internet technical factors, the information shown on hktdc.com Small Orders (Chinese Mainland) would probably be delayed or inaccurate, and you should know and understand that HKTDC will not be held responsible for any loss arising from or in connection with these reasons. In the case where a wrongly-listed price was posted on the Website caused by wrong typesetting or information error, hktdc.com Small Orders (Chinese Mainland) reserves the right to refuse or cancel the corresponding orders.
3.18 You understand and agree that different payment gateways have different refund time limit and, as a result, refunds cannot be made through the original payment gateway if the refund time limit is exceeded when hktdc.com Small Orders (Chinese Mainland) makes the refund to you. You agree that, under such circumstances, hktdc.com Small Orders (Chinese Mainland) has the right to make refund to you through other reasonable means (for example, the issuing of Sourcing Credit). You also understand and agree that since the product price and shipping fee on the Platform are denominated in USD, while payments and refunds are made in RMB, the exchange rate used by the Third-Party Payment Institution at the time of refund may differ from the exchange rate used at the time of payment. hktdc.com Small Orders (Chinese Mainland) will not assume any responsibility for any loss incurred as a result of such difference.
Information for Supplier
3.19 Suppliers have to read the terms and conditions stated in this Agreement and hktdc.com Small Orders (Chinese Mainland)'s Product Listing Policy carefully to understand what products are accepted for listing and to list products for online transactions on hktdc.com Small Orders (Chinese Mainland) website. Suppliers understand that all products to be listed on the Website are subject to hktdc.com Small Orders (Chinese Mainland)'s approval in accordance with the Relevant Rules. hktdc.com Small Orders (Chinese Mainland) has the right to, from time to time review and revise the Product Listing Policy and reject or terminate its approval on any product at its sole and absolute discretion.
3.20 Suppliers must be responsible for their product quality, safety and genuineness and must describe every product as accurate, detailed and complete as possible and arrange delivery as soon as receiving orders. hktdc.com Small Orders (Chinese Mainland) may in its sole discretion remove products of any Supplier from the Platform and/or terminate their User account, if hktdc.com Small Orders (Chinese Mainland) considers the Supplier to be adversely affecting the Platform's reputation and/or Buyer's experience.
3.21 You shall be responsible for any defect in, or any public or private recall of, any of your products. Without prejudice to your other obligations in the product recall, you shall promptly notify us of any public or private recall of your products.
3.22 The Third-Party Payment Institution will charge a Transaction Service Fee at its prevailing rate, which shall be deducted before payment is made to hktdc.com Small Orders (Chinese Mainland) and shall be borne by Suppliers.
3.23 By offering products or services for sale through hktdc.com Small Orders (Chinese Mainland), you understand that a binding contract may be formed by a Buyer paying for an order. You agree to fulfil such contract by delivering such products and/or services in the right quality, quantity and timeline, etc. according to the Buyer's purchase, Content you have posted (such as the promised lead time you have set) and any collateral communications with the Buyer. You are strongly advised to inform Buyer of the time required to prepare shipment and delivery time, dispatch products in a timely manner and provide Buyer with valid logistics information, such as delivery tracking number and proof of dispatch from logistics companies. You shall be solely responsible for any breach of the contract and any loss incurred in relation to the same, including but not limited to commercial loss incurred as a result of a request for refund due to unmet timeline.
3.24 You acknowledge and agree that shipping rates provided on hktdc.com Small Orders (Chinese Mainland) are for your reference only. The actual shipping rates may vary depending on the logistics company engaged and other factors. You shall assume full responsibility, if you decided to set a fixed shipping fee.
3.25 All products sold to Chinese mainland Buyers via the Platform must be imported into the mainland from Hong Kong or overseas and shall pass through the General Administration of Customs in China. The products must comply with the provisions of the applicable laws, rules and regulations, including but without limitation to such in relation to the General Administration of Customs in China, inspection and commodity labelling, and Suppliers have to make customs declaration honestly. Suppliers are obliged to check the relevant provisions of the applicable laws and regulations from time to time and shall bear all economic and legal liability for the detention, confiscation, discard, and/or destruction of products and/or loss of property due to the violation of any such laws and regulations.
3.26 hktdc.com Small Orders (Chinese Mainland) may at its sole and absolute discretion offer Sourcing Credit from time to time although it has no obligation to do so. Any Sourcing Credit shall be subject to the applicable Sourcing Credit Terms which the User must accept in order to be qualified for using any Sourcing Credit. Any Sourcing Credit to be given will be subject to hktdc.com Small Orders (Chinese Mainland)'s verification of entitlement and compliance with the Sourcing Credit Terms. In the case of any dispute, hktdc.com Small Orders (Chinese Mainland) shall have the final right of decision. You understand that the timing of the payment or crediting of any Sourcing Credit may be delayed for verification, processing and/or other reasons. hktdc.com Small Orders (Chinese Mainland) makes no representation or warranty as to any timing of the payment or crediting of any Sourcing Credit, and shall not be held liable or responsible howsoever for any delay or failure in payment/crediting or otherwise arising out of any Sourcing Credit arrangement, save for gross negligence, fraud, or wilful misconduct on the part of hktdc.com Small Orders (Chinese Mainland).
Chapter 4. Scope of Responsibility and Limitation of Liability
4.1 hktdc.com Small Orders (Chinese Mainland) will provide the Services to you on an "as is" and "as available" basis. hktdc.com Small Orders (Chinese Mainland) does not make any expressive or implied warranty in relation to the Services, including but not limited to, the suitability of the Services, that the Services contain no error or omission, and durability, accuracy, reliability, and fitness for a particular purpose of the Services. Meanwhile, hktdc.com Small Orders (Chinese Mainland) does not make any undertaking or guarantee regarding the validity, accuracy, correctness, reliability, quality, stability, completeness and timeliness of the technology and information related to the Services.
4.2 You acknowledge and agree that certain Content offered via hktdc.com Small Orders (Chinese Mainland) may be provided by a third party, including but not limited to that provided by other Users of hktdc.com Small Orders (Chinese Mainland) and Third-Party Payment Institution. Any such third-party Content are the sole responsibility of the party who provided them, and hktdc.com Small Orders (Chinese Mainland) shall have no liability therefor, including their accuracy, propriety, lawfulness or truthfulness. hktdc.com Small Orders (Chinese Mainland) has no obligation to vet third-party Contents, nor endorse or recommend any person, product or service described therein, and shall not be liable for your reliance on the same, save for gross negligence, fraud, or wilful misconduct on the part of hktdc.com Small Orders (Chinese Mainland).
4.3 Any hyperlink to other sites does not amount to an endorsement by hktdc.com Small Orders (Chinese Mainland) of those sites. hktdc.com Small Orders (Chinese Mainland) will not assume any responsibility for anything once you have exited hktdc.com Small Orders (Chinese Mainland). hktdc.com Small Orders (Chinese Mainland) is not responsible for examining or evaluating, and hktdc.com Small Orders (Chinese Mainland) does not warrant, any content of other sites and hktdc.com Small Orders (Chinese Mainland) does not assume any responsibility or liability for the actions, products, and contents of all these and any other third party.
4.4 You understand that hktdc.com Small Orders (Chinese Mainland) provides this Website where you can obtain Suppliers and products information, carry out negotiations regarding transactions and carry out transactions. hktdc.com Small Orders (Chinese Mainland) will not control and shall not make any guarantee with respect to the quality, fitness, reliability, safety or legality of the products involved in transactions between Users, the truthfulness and accuracy of the Suppliers' information, or the capabilities of various transaction parties in fulfilling various obligations stipulated in transaction agreements. You should carefully consider the authenticity, legality and validity of relevant products, information and/or transactions, and the applicability of the products and must bear sole responsibility for the resulting liabilities and losses.
4.5 Unless expressly required by laws and regulations, hktdc.com Small Orders (Chinese Mainland) has no obligation to conduct any review of all User data, product information, trading behaviour and other matters related to a User's transactions. Without prejudice to the above, hktdc.com Small Orders (Chinese Mainland) reserves the right to review any User data, product information, trading behaviour and other related matters under all circumstances, including but not limited to the following circumstances:
  1. where hktdc.com Small Orders (Chinese Mainland) has reasonable grounds to believe that a specific User or a specific transaction may be involved in a violation of the law or breach of contract; and
  2. where the hktdc.com Small Orders (Chinese Mainland) has reasonable grounds to believe that a User's behaviour on hktdc.com Small Orders (Chinese Mainland) is illegal or inappropriate.
4.6 The use of hktdc.com Small Orders (Chinese Mainland) is at your sole and absolute risk. You understand and agree that hktdc.com Small Orders (Chinese Mainland) is not responsible for any compensation for damages, losses, penalties, taxes, costs, liabilities, claims, demands, actions, proceedings, charges and expenses, and/or loss of profits, goodwill, use, data, or other intangible losses incurred by you due to including but not limited to any of the following circumstances (regardless of whether hktdc.com Small Orders (Chinese Mainland) was notified of the possibility of compensating such damages, etc):
  1. your use or inability to use the Services;
  2. that a third party uses your account or changes your data without authorisation;
  3. your incurred costs and losses through using the Services to purchase or obtain any product or trade etc or any other behaviour;
  4. that you misunderstand the Services;
  5. any other losses relating to the Services that arise due to reasons not related to hktdc.com Small Orders (Chinese Mainland).
4.7 Notwithstanding any other provision in this Agreement and to the fullest extent permitted by the applicable laws, the aggregate liability of HKTDC or its Affiliates (and their respective employees, directors, agents and representatives) arising out of or in connection with this Agreement and/or the transactions hereby contemplated, whether in contract, tort (including negligence, product liability etc), warranty, or otherwise, shall in no event exceed the total transaction amount of an order (including product price and delivery fee, if any, as shown on the order contract) or USD1,000, whichever is lower.
4.8 Regardless of any situation, hktdc.com Small Orders (Chinese Mainland) will not be liable for the inability to provide the Services or the delay in providing the Services caused by normal system maintenance of hktdc.com Small Orders (Chinese Mainland) website network, network connection failure, computer, communications or other system failure, power failure, strikes, labour disputes, riots, protests, disturbances, lack of productivity or production materials, fire, floods, storms, explosions, wars, government behaviour, judicial or executive orders, or any third-party action.
Chapter 5. Special Authorisation
5.1 You fully understand and irrevocably grant the following rights to hktdc.com Small Orders (Chinese Mainland) for free:
  1. You hereby grant hktdc.com Small Orders (Chinese Mainland) an exclusive, worldwide, perpetual and free right to use any information or data you have provided (and shall sub-license the right in multiple levels). In addition, hktdc.com Small Orders (Chinese Mainland) has the right to (fully or partially) use, copy, revise, edit, publish, translate, disseminate, execute and display all of your information and data (including but not limited to, registration information, transaction data, and various types of information displayed on hktdc.com Small Orders (Chinese Mainland) website), or create derivative works, and use any form, media or technology currently known or developed in the future to incorporate such information or data in other works.
  2. You fully understand and irrevocably authorise hktdc.com Small Orders (Chinese Mainland), or a third party authorised by hktdc.com Small Orders (Chinese Mainland), or a third party agreed between you and hktdc.com Small Orders (Chinese Mainland), in accordance with this Agreement and all other Relevant Rules, to handle all actual and potential trade disputes that occur in connection with the hktdc.com Small Orders (Chinese Mainland) website. You agree to accept the determination decision of hktdc.com Small Orders (Chinese Mainland), the third party authorised by hktdc.com Small Orders (Chinese Mainland), or third party agreed between you and hktdc.com Small Orders (Chinese Mainland) in accordance with this Agreement and all other Relevant Rules. The determination will be legally binding on you so long as the same is made in accordance with this Agreement and all other Relevant Rules.
5.2 You represent and warrant to us that: (a) you possess the right, power, and ability to grant the rights, licenses, and authorisations as may be granted to us under this Agreement; (b) you will fulfil all of your obligations to the respective User with which you enter into a transaction; (c) you will comply with all laws applicable to you in connection with the transactions entered into through the Platform; (d) you will cooperate with hktdc.com Small Orders (Chinese Mainland) to diligently resolve any dispute arising from any such transactions in good faith in accordance with the rules stipulated in Chapter 8 of this Agreement; and (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service.
Chapter 6. Ownership and Intellectual Property
6.1 The compilation of all Contents on hktdc.com Small Orders (Chinese Mainland), including but not limited to text, software, sounds, images, videos, diagrams, website structure, website design, advertisement contents, products and other information, are the exclusive intellectual properties of hktdc.com Small Orders (Chinese Mainland) or other right holders, including but not limited to trademark rights, patent rights, copyrights and commercial secrets. Without prior written permission from hktdc.com Small Orders (Chinese Mainland) or other right holders, you must not use, amend, copy and reproduce (in full or in part), disseminate, change, spread, issue or publish, forward, quote, link, capture or otherwise use any of the Contents on the Website save as use of the Content for the purpose of the Services only. If any violation has been committed, you agree to bear any loss caused to hktdc.com Small Orders (Chinese Mainland) and/or other right holders. Intellectual Property Rights complaints are dealt with in accordance with our IPR Complaint Procedure and Guidelines.
6.2 hktdc.com Small Orders (Chinese Mainland) cannot guarantee that all the Content provided by Users or other right holders on this Website have not infringed any legitimate right and interest of any third party. If you believe that any of such Contents infringes your legitimate rights and interests, please contact hktdc.com Small Orders (Chinese Mainland) via email to the staff of hktdc.com Small Orders (Chinese Mainland) in a timely manner. hktdc.com Small Orders (Chinese Mainland) will assist you to solve the problem to the extent provided by law.
Chapter 7. Personal Data and Privacy Policy
7.1 For information about our privacy policies and practices, please refer to our Privacy Policy Statement (as published on the hktdc.com website and as may be revised from time to time). The Privacy Policy Statement constitutes an effective part of this Agreement.
7.2 You may from time to time be invited to provide or may provide Personal Data to us and our Affiliates on a voluntary basis. Notwithstanding any other provision, you hereby expressly agree and authorise that hktdc.com Small Orders (Chinese Mainland) and its Affiliates have the right to collect, use and store all your User information, including certain of your Personal Data provided by you in your application for the Services and in the course of your use of the Services, and disclose the same to the relevant service providers of hktdc.com Small Orders (Chinese Mainland), third parties and other Users of the Services in the manner as set out in our Privacy Policy Statement. If the information you have provided has expired or is invalid or incomplete, such that you cannot be contacted by relevant Users or hktdc.com Small Orders (Chinese Mainland), you are solely responsible for any resulting loss or cost incurred.
7.3 As hktdc.com Small Orders (Chinese Mainland) is an online platform on which you can obtain product or Suppliers' information and carry out negotiations and transactions with Buyers/Suppliers, you may have access to certain Personal Data of other Users on the Website. You agree you shall not directly or indirectly: (a) use any Personal Data in any way inconsistent with any personal data legislation as may be applicable, including but not limited to the Personal Data (Privacy) Ordinance (Cap. 486, Laws of Hong Kong); (b) use any Personal Data other than for purposes of your use of the Services; (c) in any way aggregate, copy, use or disseminate Personal Data of other Users, without their consent in advance, nor make any attempt to copy, reproduce, exploit or expropriate hktdc.com Small Orders (Chinese Mainland)'s various proprietary directories, databases and listings which may contain Personal Data of other Users; (d) use any Personal Data obtained through or in connection with your use of the Services for the purposes of any marketing campaign; and (e) send targeted communications, of any kind and whether or not through any functionality of the Website, to intended recipient being a User of our Services.
7.4 Notwithstanding this Clause 7.3, you may use Personal Data of the other User made available to you through the Website to complete the transaction relating to the products shown on the Platform and (in the case of a Supplier) to provide customer service and any other service in connection with the transaction with such User, provided that your use of the Personal Data shall be in compliance with the applicable laws, including but not limited to the Personal Data (Privacy) Ordinance (Cap. 486, Laws of Hong Kong).
Chapter 8. Order Cancellation and Trade Dispute Resolution
Order Cancellation
8.1 Suppliers have the responsibility to arrange shipment as soon as Buyers paid for their orders and are highly encouraged to provide the delivery tracking number to hktdc.com Small Orders (Chinese Mainland) and Buyers on "Supplier Order History" page.
8.2 Suppliers may cancel a transaction based on valid reasons such as "out of stock" by contacting the staff of hktdc.com Small Orders (Chinese Mainland) via email. You hereby irrevocably and unconditionally authorise hktdc.com Small Orders (Chinese Mainland) to issue the cancellation request on your behalf, upon your request for transaction cancellation.
8.3 When a transaction is settled by cancellation per the request of the Supplier, the transaction funds will be refunded in full to the Buyer.
Trade Dispute Resolution
8.4 Buyers can raise trade disputes with a Supplier ("Trade Dispute") by submitting a notice of such disputes at hktdc.com Small Orders (Chinese Mainland) Resolution Centre any time after the confirmation of successful payment until the 15th calendar day after the order status is changed to "Completed Order" (whether such change of order status was due to confirmation of receipt by the Buyer or an automatic status change), for example, if the order status is changed to "Completed Order" on 1 January, Buyers can raise a dispute until the end of the day on 15 January. To submit such notice, buyers should choose the order which they would like to raise a dispute and supplement the notice with details including the reason of dispute, explanation of the dispute case and supporting documents. No matter which resolution method is chosen, buyers must submit such notice at hktdc.com Small Orders (Chinese Mainland) Resolution Centre before commencing the resolution. Buyers acknowledge that they may not be able to use certain functions on the Platform regarding the orders if such orders are made without registration. Buyers are highly encouraged to register on the Platform in order to follow up with the order status, change order status and communicate with Suppliers on the "My Sourcing Order" page, etc.
8.5 Buyers may resolve Trade Disputes with Suppliers by, at the option of the Buyers, (i) direct communication between themselves, (ii) submitting the dispute to hktdc.com Small Orders (Chinese Mainland) for resolution in accordance with the Dispute Resolution Rules, and/or (iii) arbitration at the Hong Kong International Arbitration Centre ("HKIAC"). Unless otherwise specified, the dispute shall be handled by means of (ii). If the Buyer would like to resolve the dispute by means of (i) or (iii), this should be specified at the Resolution Centre when it raises the dispute.
(i) Direct Communication between Users
8.6 Parties to the Trade Dispute shall mutually agree on the method of resolution and inform hktdc.com Small Orders (Chinese Mainland) of their decision via the Resolution Centre or by contacting the staff of hktdc.com Small Orders (Chinese Mainland) via email and/or (where the parties have resolved the Trade Dispute through direct communication) indicate to hktdc.com Small Orders (Chinese Mainland) the amount to be refunded to Buyer or released to Supplier within 15 working days after the submission of notice of the dispute under Clause 8.4.
(ii) Resolution in accordance with Dispute Resolution Rules
8.7 Where the Buyer decides to resolve the Trade Dispute by submitting the dispute to hktdc.com Small Orders (Chinese Mainland), the Supplier shall agree to such submission and hktdc.com Small Orders (Chinese Mainland) shall make a determination with reference to the Dispute Resolution Rules and this Agreement and process fund remittance and/or refund based on its determination.
8.8 If hktdc.com Small Orders (Chinese Mainland) does not receive any such notification (e.g. the parties cannot come to a consensus) within the time limit in accordance with Clause 8.6, the parties are deemed to have agreed to resolution by way of determination by hktdc.com Small Orders (Chinese Mainland) in accordance with the Dispute Resolution Rules.
8.9 The Users agree that the Dispute Resolution Rules merely sets out the basic procedures and standards of dispute handling by hktdc.com Small Orders (Chinese Mainland). While hktdc.com Small Orders (Chinese Mainland) endeavours to resolve Trade Disputes in accordance with the Dispute Resolution Rules, the Users agree that hktdc.com Small Orders (Chinese Mainland) has the full right and discretion to make determination based on including but without limitation facts relevant to the dispute, commonly accepted practices in international trading, supporting materials provided by the relevant Buyer and Supplier and any other factors and considerations as hktdc.com Small Orders (Chinese Mainland) thinks fit. hktdc.com Small Orders (Chinese Mainland) may make its determination without following the stipulations in the Dispute Resolution Rules on a case-by-case basis, when a particular Trade Dispute is not expressly covered by the Dispute Resolution Rules or when hktdc.com Small Orders (Chinese Mainland) in its sole and absolute discretion determines that due to the specific circumstances of such case, strict compliance with the Dispute Resolution Rules would be inappropriate.
8.10 hktdc.com Small Orders (Chinese Mainland) has the right to amend the Dispute Resolution Rules and to publish the amended Dispute Resolution Rules on its website or by other means at any time. Unless otherwise specified, the amended Dispute Resolution Rules will automatically take effect upon publication.
8.11 Resolution in accordance with the Dispute Resolution Rules shall only be applicable in cases where hktdc.com Small Orders (Chinese Mainland) is acting as an independent and neutral third party in the dispute.
(iii) HKIAC Arbitration
8.12 Either the Buyer or the Supplier may, regardless of whether hktdc.com Small Orders (Chinese Mainland) has started to handle or has made a determination over the dispute or not, submit the Trade Dispute to HKIAC for arbitration at any time, in which case the other party shall agree to such submission.
8.13 The arbitration shall be administered by the HKIAC under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be laws of Hong Kong. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be 3. The arbitration proceedings shall be conducted in English.
8.14 The party submitting the Trade Dispute for arbitration (the "Claimant") must submit a notice of its decision to arbitrate to hktdc.com Small Orders (Chinese Mainland) within 3 working days of the submitting of Notice of Arbitration to the HKIAC and provide hktdc.com Small Orders (Chinese Mainland) with the evidence of case acceptance by HKIAC within 7 working days of the case being accepted the HKIAC at the Resolution Centre or by contacting the staff of hktdc.com Small Orders (Chinese Mainland) via email. Throughout the arbitration process, the parties to the dispute shall keep hktdc.com Small Orders (Chinese Mainland) informed of the progress of arbitration and shall promptly provide any information as may be requested by hktdc.com Small Orders (Chinese Mainland) from time to time.
8.15 Where the Trade Dispute is submitted to HKIAC for arbitration before hktdc.com Small Orders (Chinese Mainland) has started to handle the case or after such has been submitted to hktdc.com Small Orders (Chinese Mainland) for determination and no determination has been made by hktdc.com Small Orders (Chinese Mainland), hktdc.com Small Orders (Chinese Mainland) shall immediately cease to make any determination after receiving such notice under Clause 8.14.
8.16 The decision made by HKIAC shall be final and conclusive and binding upon the Buyer and the Supplier. Once the Trade Dispute is resolved by HKIAC, the parties to the dispute shall submit evidence of the determination of HKIAC (such as a copy of the arbitral award) and any documents as may be requested by hktdc.com Small Orders (Chinese Mainland) through the Resolution Centre or via email. hktdc.com Small Orders (Chinese Mainland) will process the refund and/or remittance (where appropriate) of the transaction funds according to the evidence of determination.
8.17 Users should be aware of the potential pros and cons of the Trade Dispute resolution method elected in accordance with this Clause 8, including but not limited to the time required to resolve the Trade Dispute through arbitration, and shall also take note of the time limit for refund through the original payment channel. hktdc.com Small Orders (Chinese Mainland) shall not be liable for any kind of loss directly or indirectly resulting from the method of dispute resolution elected in accordance with this Clause 8, its refund and/or remittance of transaction funds in accordance with the determination made under any such dispute resolution method and any other issue in relation to dispute resolution, save for gross negligence, fraud, or wilful misconduct on the part of hktdc.com Small Orders (Chinese Mainland).
Chapter 9. Liability for Breach of Contract and Termination
9.1 If hktdc.com Small Orders (Chinese Mainland) suffers any loss, subjects to any third-party claim, or is penalised by any government department as a result of your violations of any relevant law, this Agreement or any Relevant Rule, you must compensate hktdc.com Small Orders (Chinese Mainland) for the losses and/or costs incurred, including reasonable legal fees.
9.2 You agree to indemnify and hold HKTDC and its Affiliates (and our and their respective agent, officers, affiliates and employees) harmless from and against any and all losses, damages, penalties, taxes, costs, liabilities, claims, demands, actions, proceedings, charges and expenses, and loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with (a) your violations of any relevant law, this Agreement or any Relevant Rule; (b) your wrongful or improper use of the Services; and (c) any transaction submitted by you through the Service.
9.3 You agree that hktdc.com Small Orders (Chinese Mainland) has the right and full discretion and for any reason without prior notice to suspend or terminate part of or all of the Services provided to you, to temporarily freeze or permanently freeze (cancel) your account's rights and access to the hktdc.com Small Orders (Chinese Mainland) website, and will not be liable to you or any third party for any loss in regard to this, save for gross negligence, fraud, or wilful misconduct on the part of hktdc.com Small Orders (Chinese Mainland).
9.4 You hereby release HKTDC and its Affiliates (and their respective officers, directors, employees and agents) from all claims, demands, actions, proceedings for losses, damages (actual and consequential) of every kind and nature, whether known or unknown, arising out of or in any way connected with any of your disputes with other Users. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release.
Chapter 10. Supplier's Further Obligations
10.1 The Suppliers shall, and (where appropriate) shall procure its agents to:
  1. ensure that their sale of the products (the "Supplier Business") is operated in a highly efficient manner;
  2. maintain a high level of service and image for the Supplier Business which should attain the top standard of businesses of similar nature in the mainland and Hong Kong;
  3. not do anything which may bring the image of HKTDC, the Website and the Supplier Business into disrepute or may have a detrimental effect on the image and reputation of HKTDC, the Website and the Supplier Business;
  4. comply with all law, regulations and other legal requirements relating to their operation of the Supplier Business and obtain and maintain all licences, consent and approval that may be required;
  5. duly observe and perform all its obligations under each of the sale contracts entered into with other Users through the Platform; and
  6. duly observe and comply with all the laws and regulations applicable to the Supplier Business and sale contracts entered into with other Users.
Chapter 11. Governing Law and Dispute Resolution
The effectiveness, interpretation, revisions, implementation and dispute resolution of this Agreement will be subject to the laws of Hong Kong, and the laws of the People's Republic of China or any conflicting legal rule or principle under the laws of Hong Kong will not be applicable to this Agreement. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including but not limited to the existence, validity, interpretation, performance, breach or termination thereof but excluding a Trade Dispute (which shall be dealt with in accordance with Chapter 8 above) shall be referred to and finally resolved by arbitration administered by the HKIAC under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be 3. The arbitration proceedings shall be conducted in English.
Chapter 12. Miscellaneous
12.1 All announcements to you will be delivered through emails, regular mails or posts at prominent areas on the Website.
12.2 If you have any question about the Services of hktdc.com Small Orders (Chinese Mainland) under this Agreement, please log in to the Website to obtain relevant information or contact hktdc.com Small Orders (Chinese Mainland) via email to the staff of hktdc.com Small Orders (Chinese Mainland) to provide the Services to you.
12.3 Nothing contained herein shall be construed as creating any agency, employment relationship, partnership, principal-agent or other form of joint venture between you, hktdc.com Small Orders (Chinese Mainland) and/or HKTDC Affiliates. Except for our appointment as your payment processing agent as expressly provided in this Agreement: (a) neither party shall be deemed to be an agent or representative of the other by virtue of this Agreement; (b) neither party is authorised to, or will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other party; and (c) without limiting the generality of the foregoing, neither party will enter into any contract, agreement, or other commitment, make any representation, warranty or guarantee, or incur any obligation or liability in the name or otherwise on behalf of the other party.
12.4 In your use of the Services, you may receive information relating to us or our Affiliates or to the Service that is not known to the general public ("Confidential Information"). You agree that: (a) all Confidential Information will remain our exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your use of the Services; and (c) you will not otherwise disclose Confidential Information to any other person.
12.5 You shall not assign or transfer any of your rights, obligations, or privileges under this Agreement, without our prior written consent; notwithstanding that HKTDC may assign or transfer any of its rights, obligations, or privileges under this Agreement to any assignee and/or successor.
12.6 HKTDC reserves the right of final decision on the interpretation of this Agreement.
12.7 In the case of any inconsistency between the Chinese and English language versions of these Rules, the English version shall prevail.
12.8 The terms and conditions in this User Agreement shall be governed by the laws of Hong Kong.
© 2000-2017 香港贸易发展局版权所有,对违反版权者保留一切追索权利。