Please review the following terms and policy carefullyas they are the terms of sale that govern your purchase at 3Cline.net(here inafter known as 3Cline). They set out your rights and obligations with respectto your purchase, including important limitations and exclusions. Yourplacement of an order at 3Cline constitutes your agreement that these policiesapply to the order, so make sure you understand them before you place an order.
1.1 For purposes of this Agreement, a "User"is any person who accesses the Site for whatever purpose, regardless of whethersaid User has registered on the Site as a registered User or whether said Useris a paying customer for a specific service provided by 3Cline.net or any ofits affiliates. A user includes the person using this Site and any legal entitywhich may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agreeto accept the terms and conditions set forth in this Agreement as a User. Youshall be bound by the terms and conditions of this Agreement with respect toyour access or use of this Site and any further upgrade, modification, additionor change to this Site. If you do not accept all of the terms and conditions ofthis Agreement, please do not use this Site.
1.3 3Cline.net may amend this Agreement at any time byposting the amended and restated Agreement on the Site. The amended andrestated Agreement shall be effective immediately upon posting. Posting by3Cline.net of the amended and restated Agreement and your continued use of theSite shall be deemed to be acceptance of the amended terms. This Agreement maynot otherwise be modified, except in writing by an authorized officer of3Cline.net.
1.4 When you visit 3Cline.net or send customerrequests(Customer Service Express Tickets)to 3Cline.net, you are communicatingwith 3Cline.net electronically. You consent to receive communications from3Cline.net electronically. 3Cline.net will communicate with you by e-mail or byposting notices on this site.
2.1 Users may use this Site solely for their ownpersonal or internal purposes. Each User agrees that it shall not copy,reproduce or download any information, text,images, video clips, directories,files,databases or listings available on or through the Site (the "3Cline.netContent") for the purpose of re-selling or re-distributing the 3Cline.netContent, mass mailing (via emails, wireless text messages,physical mail orotherwise), operating a business that competes with 3Cline.net, or otherwisecommercially exploiting the 3Cline.net Content.Systematic retrieval of3Cline.net Content from this Site to create or compile, directly or indirectly,a collection, compilation,database or directory (whether through robots,spiders, automatic devices or manual processes) without written permission from3Cline.net is prohibited. In addition, use of the content or materials for anypurpose not expressly permitted in this Agreement is prohibited.
2.2 Some of the 3Cline.net Content displayed on thisSite is provided or posted by third parties ("Third PartyContent").3Cline.net is not the author of Third-Party Content, whethercontributed by anonymous users or registered users. Any Third Party Content isthe sole responsibility of the party who provided the content. 3Cline.net isnot responsible for the accuracy,propriety, lawfulness or truthfulness of anyThird Party Content, and shall not be liable to any User in connection withsuch User's reliance of such Third Party Content. In addition, 3Cline.net isnot responsible for the conduct of any User's activities on the Site, and shallnot be liable to any person in connection with any damage suffered by anyperson as a result of such User's conduct.
2.3 3Cline.net may allow Users access tocontent,products or services offered by third parties through hyperlinks (inthe form of word link, banners, channels or otherwise) to such Third Party'sweb site.You are cautioned to read such sites' terms and conditions and/orprivacy policies before using such sites in order to be aware of the terms andconditions of your use of such sites. User acknowledges that 3Cline.net has nocontrol over such third party's web site, does not monitor such sites,and3Cline.net shall not be responsible or liable to anyone for such web site,orany content, products or services made available on such a website.
2.4 3Cline.net reserves the right to limit, deny orcreate different access to the Site and its features with respect to differentUsers, or to change any of the features or introduce new features without priornotice. Each User acknowledges that inability to use the Site wholly orpartially for whatever reason may have adverse effects on its business. EachUser hereby agrees that in no event shall 3Cline.net be liable to the User orany third parties for any inability to use the Site(whether due todisruption,limited access, changes to or termination of any features on theSite or otherwise), any delays, inaccuracies, errors or omissions with respectto any communications or transmission, or any damage(direct, indirect,consequential or otherwise) arising from the use of or inability to use theSite or any of its features.
2.5 No User shall undertake any scheme to underminethe integrity of the computer systems or networks used by 3Cline.net and/or anyother User and no User shall attempt to gain unauthorized access to suchcomputer systems or networks.
2.7 As a condition of your access to and use of3Cline.net, you agree that you will not use the 3Cline.net service to infringethe intellectual property rights or other legitimate rights of others in anyway. 3Cline.net and/or its affiliates will in appropriate circumstances terminatethe accounts of Users who are repeat infringes of the copyrights, or otherintellectual property rights, or other legitimate rights of others. Inaddition, 3Cline.net and/or its affiliates reserves the right to terminate theaccount of a user upon any single infringement of the rights of others inconjunction with use of the 3Cline.net service, or if 3Cline.net believes thatUser's conduct is harmful to the interests of 3Cline.net, its affiliates, orother users, or for any other reason in 3Cline.net's sole discretion,with orwithout cause.
3.1 Each User who has completed and submitted aregistration form either online from the Site or offline by giving itsinformation (such as name, address, telephone and fax number, email address,detailsof its business, etc.) to 3Cline.net or another 3Cline.net group companyproviding the relevant specific services is a registered user of the Site (a"Registered User"). An account("Account") will beestablished for each Registered User and each Registered User will be as signeda user alias ("User ID") and password("Password") forlog-in access to its own Account.
3.2 If the Registered User is a business entity, yourepresent that (a) you have the authority to bind the entity to thisAgreement;(b) the address you use when registering is the principal place ofbusiness of such business entity; and (c)all other information submitted to3Cline.net and its affiliates during the registration process is true,accurate, current and complete. For purposes of this provision, a branch orrepresentative office will not be considered a separate entity and itsprincipal place of business will be deemed to be that of its head office.
3.3 By becoming a Registered User, you consent to theinclusion of your personal detain our Buyer Database. 3Cline may send emails toyou or contact you otherwise through your personal data whatever information3Cline would like to convey to you.
3.4 3Cline.net or its affiliates may suspend orterminate a Registered User's Account at anytime by giving no less than 24-hournotice to the Registered User; provided,however, that notice is not requiredfor such termination if (a) in 3Cline.net's determination, there is any breachof the provisions of this Agreement by the Registered User; or (b) 3Cline.nethas reasonable grounds to suspect that any information provided by a RegisteredUser is untrue, inaccurate or is not current or complete, or (c) 3Cline.netbelieves that the Registered User's actions may cause financial loss or legal liabilityto such Registered User.
3.5 A Registered User may not sell, attempt tosell,offer to sell, give, assign or otherwise transfer an Account, User ID orPassword to a third party without the prior written consent of 3Cline.net,3Cline.net may suspend or terminate the Account of a Registered User or thetransferred of a Registered User in the event of a sale, offer to sell,gift,assignment or transfer in violation of this Section.
3.6 Not withstanding Section 3.1 above, 3Cline.net mayrefuse registration and deny the issuance of an Account and associated User IDand Password to any User for whatever reason.
4.Relationship among Buyers, 3Cline and Suppliers
4.1 3Cline is an online agent for all Buyers,collecting purchase orders from the Buyers,to reinforce its price negotiationadvantage against the Suppliers. It acts on behalf of the Buyers to purchasethe products designated by the Buyers. Through the Site, 3Cline.net provides anelectronic web-based platform for displaying the products information and othercommon terms and conditions of the transactions provided by the Suppliers. AnySellers who are interested in listing their products on Site are encouraged tocontact our promotion agent according to the following contact: 3Cline.net
4.2 Despite the provision of the platform through theSite, 3Cline.net does not represent the Supplier in specific transactions viathe Site. No sales agency relationship is created between any Supplier and3Cline.net, our affiliates,directors, officers or employees by virtue of3Cline.net's display of any of products supplied by the sellers. The salescontract is entered in to between the Buyer and the Supplier.
4.3 Users are hereby made aware that there may berisks of dealing with people acting under false presence. 3Cline.net has verystrict systems in selecting reliable suppliers. 3Cline.net cannot control andis not liable to or responsible for the availability of the products orservices offered for sale displayed on the Site. Therefore 3Cline will not andcannot warrant to the Buyers that the purchase orders placed through the Sitewill be eventually fulfilled and there are situations that the Suppliers mayhave ceased to provide such products or provide such products at a differentprice in which situations the payment paid by the Buyer to our Paypal Accountwill be returned to the Buyers or will be adjusted in such manner acceptable tothe Buyers.
4.4 The risks of purchase transactions when using theSite to conduct transactions shall include mis-representation of products andservices, fraudulent schemes,unsatisfactory quality, failure to meetspecifications, defective or dangerous products, delay or default indelivery,cost mis-calculations and transportation accidents. All of theforegoing risks are hereafter referred to as"Transaction Risks." Insuch case 3Cline.net shall be liable or responsible for any damages,liabilities,costs, harms, inconveniences, business disruptions or expendituresof any kind that may arise a result of or in connection with any TransactionRisks provided always that such User shall entrust 3Cline the full power ofattorney to seek indemnification from the relevant Suppliers instead .
4.5 Users are solely responsible for all of the termsand conditions of the transactions conducted on, through or as a result of useof the Site, including,without limitation, returns, warranties,shipping,insurance, fees, taxes,title, licenses, fines, permits,handling,transportation and storage. In case the terms and conditions of theTransactions have been changed and such change is notified to 3Cline by somespecific Suppliers, 3Cline will post such amended terms of conditions on theSite.The mere obligation of 3Cline is to display such terms and conditions ofthe transactions subject to amendment by the Suppliers from time to time. Theremay be situations that the Buyers have placed orders while the terms andconditions of the transactions are changed. 3Cline.net will, as instructedby the seller, either contact you for instructions before shipping or cancelyour order and notify you of such cancellation.
4.6 Except where noted otherwise, the List Pricedisplayed for products on the Site represents the price suggested by thesupplier. The List Price is a comparative price estimate and may or may notrepresent the prevailing price in every area on any particular day. Withrespect to items sold on the Site, 3Cline.net cannot confirm the price of anitem until you order. Despite our best efforts, as mall number of the items inthe catalog may be misprinted. If an item's correct price is higher than thestated price, 3Cline.net will, as instructed by the seller, cancel your order,notify you of such cancellation and make necessary compensation to you afterfriendly consultation with you.
4.7 In the event that any User has a dispute with anyparty to a transaction, such Use agrees to release and indemnify 3Cline.net(andour agents, affiliates,directors, officers and employees) from all claims,demands, actions,proceedings, costs, expenses and damages (including withoutlimitation any actual, special, incidental or consequential damages)arising outof or in connection with such transaction.
5.Intellectual Property Rights (IPR) Protection Policy
5.1 3Cline.net respects the intellectual propertyrights of others, and we expect our users to do the same. Unauthorized use ofanother party's materials and trademarks are dealt with severely on ourwebsite.
5.2 3Cline will request each seller to ensure thatlisting of counterfeits, non-licensed replicas, or unauthorized products suchas counterfeit designer garment,watches, handbags, sunglasses or otheraccessories is strictly prohibited on 3Cline.net, and no products can bedisplayed on 3Cline.net without the explicit permission from the intellectualproperty right holder. Branded products are permitted to be displayed on3Cline.net if a certificate of authorization has been issued by the brandowner.
5.3 Repeat violations of our IPR policy may result ina range of actions, including Removal of listing(s). The following actions areused as a deterrent against infringement of IPR:
·Voluntary review and removal of listings that appearto offer counterfeit, non-licensed replicas or unauthorized items;
·Prompt removal of listing(s) when an intellectualproperty infringement claim is filed by the trademark holder against any sellerwho are the suppliers of such listed products;
·Written notification with appropriate reason(s) givento sellers who have their product(s) removed on 3Cline.net for suspicion ofinfringing the IPR of others;
·Written notification to sellers whose products areclaimed to infringe on other's IPR. Parties involved will have equalopportunities to respond to such charges;
·Termination,when appropriate, of the listings of thesellers who are repeat offenders;
With millions of Users trading on 3Cline.net eachday,we expect each and every seller to behave responsibly.
We request those who assert claims of infringement to stand behind theirclaims. By submitting a report of alleged infringement to 3Cline.net, you agreeto indemnify 3Cline.net against claims or damages arising from the removal ofthe listing.
5.4 How to report an alleged IPR infringement to3Cline.net
·If you have a good faith that a listing on the Siteinfringes your copyright,trademark, patent or other intellectual propertyrights, you may complete 3Cline.net's Notice of Claimed IPR Infringement Formand email (sue@3Cline.net) it to 3Cline.net. The completed Notice shouldspecifically identify the seller and each and every link which is claimed to beinfringing your rights (specific URL). The complainant must upload thefollowing materials as attachment for qualification verification:
According to the rights asserted, please provide rights proof, such as patent registrationcertificate, trademark registration certificate and copyright registrationcertificate, etc. (note: registration certificate of the intellectual propertyrights should be provided; application advice/acknowledgement is insufficientrights proof)
Individual: ID card, passport and other identification proof documents
Enterprise: business license and other industrial and commercial registrationdocuments
rights-holder authorization proof
If the complainant is not the rights-holder, he must produce authorization oragency certificate duly signed or sealed by the rights-holder.
·Upon receipt of the a fore said Notice and otherinformation, we will promptly evaluate your complaint, and in cases where it isappropriate, we will expeditiously take down the listing referred to in yourclaim.
·We will notify the seller in writing of the removalof the claimed infringing product listing and provide the seller with yourcontact information so that the seller may contact you directly and with anopportunity to respond.
·If the seller objects to the removal of the allegedinfringing product listing, the seller may submit to us an appropriatecounter-notice to dispute the claim. Upon receipt of such counter-notice, wemay resume the seller’s listing unless we receive notice from you that anaction has been filed against the member in a court of competent jurisdictionfor infringement of your intellectual property rights.
6. Limitation of Liability
6.1 To the maximum extent permitted by law, thefeatures and services on the site are provided on an "as is" and"as available" basis, and 3Cline.net hereby expressly disclaims anyand all warranties, express or implied, including but not limited to anywarranties of condition, quality, durability,performance, accuracy,reliability,merchant ability or fitness for a particular purpose. All suchwarranties,representations, conditions, undertakings and terms are herebyexcluded.
6.2 To the maximum extent permitted by law, 3Cline.netmakes no representations or warranties about the validity,accuracy,correctness, reliability, quality,stability, completeness orcurrentness of any information provided on or through the site, 3Cline.net doesnot represent or warranty that the manufacture,importation, export,distribution,offer, display, purchase, sale and/or use of products or servicesoffered or displayed on the site does not violate any third party rights; And3Cline.net makes no representations or warranties of any kind concerning anyproduct or service offered or displayed on the site.
6.3 Any material downloaded or otherwise obtainedthrough the Site is done at each User's sole discretion and risk and each Useris solely responsible for any damage to its computer system or loss of datathat results from the download of any such material. No advice orinformation,whether oral or written, obtained by any User from 3Cline.net orthrough or from the Site shall create any warranty not expressly stated herein.
6.4 Under no circumstances shall 3Cline.net be heldliable for an delay or failure or disruption of the content or servicesdelivered through the Site resulting directly or indirectly from acts ofnature, forces or causes beyond its reasonable control, including withoutlimitation, Internet failures, computer,telecommunications or any otherequipment failures, electrical power failures,strikes, labor disputes,riots,insurrections, civil disturbances, shortages of labor or materials,fires,flood, storms, explosions, acts of God, war,governmental actions, ordersof domestic or foreign courts or tribunals or non-performance of third parties.
6.5 Each User hereby agrees to indemnify and save3Cline.net, its affiliates,directors, officers and employees harmless, from anyand all losses, claims,liabilities (including legal costs on a full indemnitybasis) which may arise from such User's use of the Site (including but notlimited to the display of such User's information on the Site) or from itsbreach of any of the terms and conditions of this Agreement. Each User here byfurther agrees to indemnify and save 3Cline.net, its affiliates,directors,officers and employees harmless,from any and all losses, claims,liabilities(including legal costs on a full indemnity basis) which may arise from User'sbreach of any representations and warranties made by User to 3Cline.net. EachUser hereby further agrees to indemnify and save 3Cline.net, its affiliates,directors, officers and employees harmless, from any and all losses, claims,liabilities (including legal costs on a full indemnity basis) which may arise,directly or indirectly,as a result of any claims asserted by Third Party Rightsclaimants or other third parties relating to products offered or displayed onthe Site. Each User here by further agrees that 3Cline.net is not responsibleand shall have no liability to it, for any material posted by others, includingdefamatory,offensive or illicit material and that the risk of damages from suchmaterial rests entirely with each User.3Cline.net reserves the right, at itsown expense, to assume the exclusive defense and control of any matterotherwise subject to indemnification by you,in which event you shall cooperatewith 3Cline.net in asserting any available defenses.
6.6 3Cline.net shall not be liable for any special,direct,indirect, punitive, incidental or consequential damages or any damageswhatsoever (including but not limited to damages for loss of profits orsavings, business interruption, loss of information), whether incontract,negligence, tort or otherwise or any other damages resulting from anyof the following:
·The use or the inability to use the Site;
·Any defect in goods, samples, data, information orservices purchased or obtained from a User or a third-party service providerthrough the Site;
·Violation of Third Party Rights or claims or demandsthat Users' manufacture, importation,export, distribution, offer,display,purchase, sale and/or use of products or services offered or displayedon the Site may violate or may be asserted to violate Third Party Rights; orclaims by any party that they are entitled to defense or indemnification inrelation to assertions of rights, demands or claims by Third Party Rightsclaimants;
·Unauthorized access by third parties to data orprivate information of any User;
·Statements or conduct of any User of the Site;
·Any matters relating to Premium Services howeverarising,including negligence.
6.7 Not withstanding any of the foregoing provisions,the aggregate liability of 3Cline.net, its employees, agents, affiliates,representativesor anyone acting on its behalf with respect to each Use for all claims arisingfrom the use of the Site or the 3Cline.net service shall be limited to thegreater of (a) the amount of fees the User pays to 3Cline.net or its affiliatesin the 12 months period prior to the action giving rise to liability and (b)HK$100. The preceding sentence shall not preclude the requirement by the Userto prove actual damages.All claims arising from the use of the Site or the3Cline.net service must be filed within one (1) year from the date the cause ofaction arose.
7.Intellectual Property Rights
7.1 3Cline.net is the sole owner or lawful licensee ofall the rights to the Site and the 3Cline Content. The Site and 3Cline.netContent embody trade secrets and intellectual property rights protected underworldwide copyright and other laws. All title,ownership and intellectualproperty rights in the Site and 3Cline.net Content shall remain with3Cline.net, its affiliates or licencor of the 3Cline.net Content, as the casemay be. All rights not otherwise claimed under this Agreement or by 3Cline.netare hereby reserved.
7.2 "3Cline.net" and related icons and logosare registered trademarks or trademarks or service marks of 3Cline.net, invarious jurisdictions and are protected under applicable copyright, trademarkand other proprietary rights laws. The unauthorized copying,modification, useor publication of these marks is strictly prohibited.
8.2 If any provision of this Agreement is held to beinvalid or unenforceable, such provision shall be struck and the remainingprovisions shall be enforced.
8.3 Headings are for reference purposes only and innoway define, limit, construe or describe the scope or extent of such section.
8.4 3Cline.net's failure to enforce any right orfailure to act with respect to any breach by a User under this Agreement willnot waive that right nor waives 3Cline.net's right to act with respect withsubsequent or similar breaches.
8.5 3Cline.net shall have the right to assign thisAgreement (including all of its rights,titles, benefits, interests, andobligations and duties in this Agreement). The User may not assign, in whole orpart, this Agreement to any person or entity.
8.6 This Agreement shall be governed by the laws ofthe Hong Kong Special Administrative Region ("Hong Kong") withoutregard to its conflict of law provisions.The parties to this Agreement herebysubmit to the exclusive jurisdiction of the courts of Hong Kong.
8.7 If there is any conflict between the Englishversion and another language version of this Agreement, the English languageversion shall prevail.