Terms and Agreements of Use for “Tipic” Mobile Services Platform
(a) “we”, “us” or “our” are Cherrypicks Limited (“CP”);
(b) “Merchant” or “Merchant’s” is to our merchant members;
Services of Platform
(a) Merchant version of ”Tipic” Mobile Application
(b) “Tipic” Merchant Management Platform (Website version)
The Merchant’s Account on Services Platform
Restrictions of Services Platform
(a) It is necessary for us to upgrade, repair or otherwise perform works to the “Tipic” Mobile Services Platform;
(b) On the ground of factors that beyond our control, such as the performance or functional issues of the mobile phones or other devices of the Merchant’s, regulatory requirements, insufficient capacity, interruption of services on the part of the other suppliers, malfunction of other communication networks, influence of weather, or radio interference caused by physical obstacle.
Charges and Payment
Using the Services Platform Responsibly
(a) fraudulent, criminal or any other illegal activities;
(b) to infringe the rights, including copyright or other intellectual property right, of another person in any manners;
(c) to copy, store, alter, separately publish or separately distribute the content in the services platform except that the Merchant have already obtained our permission;
(d) to download, transmit or upload oversize or excess content or to download, transmit or upload content frequently which causes inconvenience to other users;
(e) to impair any securities or other protections in any manners or to otherwise damage or interfere the services platform;
(f) to use for the purposes of damaging us or our reputation or subjecting us or our reputation to any detriments;
(g) to transmit messages of obscene, offensive, threatening, abusive, disturbing or menacing nature.
Suspension or Termination of Services
(a) the Merchant fails to perform any terms in the Merchant Agreement;
(b) We receive any serious complaints about the Merchant and we believe that the complaints are substantiated;
(c) Any third-party suppliers cease to supply any of such things to us as are necessary for us to provide the Merchant with the services;
(d) We consider that it is necessary to protect the standard or stability of the services platform;
(e) The services platform or any relevant equipment has any failures or requires any enhancement or repair works;
(f) In our reasonable opinion we believe that there is or there has been unauthorized, unlawful usage of the services platform or the services platform is or has been used by any fraudulent means or in any unreasonable manners, or the Merchant is causing or may cause damages or interferences to the services platform when using it;
(g) The Merchant has become bankrupt, been wound up, entered into bankruptcy management, been received or been regarded as insolvent;
(h) Any information submitted by the Merchant under or in pursuance of this Agreement is found to be false or untrue, or we have reasonable grounds to believe that the information concerned is false or untrue.
(a) To continue to retain the registration information of the Merchant and all transaction information during the period in which the Merchant used our services of the platform for a period of two years after the termination of services;
(b) To claim the Merchant if there were any illegal conducts or any breaches of this Agreement during the period in which the Merchant used our services of the platform.
Intellectual Property Right
i. To proceed the Merchant’s applications and to provide services;
ii. With the consent of the Merchant, to use the personal data (including the name, telephone number, email address, position, correspondence address) of the responsible person of the Merchant for publicizing our newest releases and promotion activities. We will provide the Merchant with the relevant promotional information by means of direct marketing calls, emails, electronic messages and posts;
iii. To proceed the relevant preferences provided to the Merchant in light of each service, and to conduct marketing research in order to enhance services quality or experience; to analyze, verify and/or review the payment and/or account status of the Merchant in respect of the provision of services;
iv. To facilitate the daily operation of the account of the Merchant, to provide customer services and/or to receive the outstanding service charges in the account of the Merchant;
v. To allow us to prevent the commission of a crime.
i. Our service providers (including information technology, customer services) in respect of the provision of the relevant services;
ii. Our partners;
iii. Regulatory authorities, law enforcement agencies and courts; and
iv. Our professional consultants.
(a) 「我們」或「我們的」指創奇思有限公司 (“CP”)；
(b) 「商戶」或「商戶的」， 即我們的商戶會員；
(b) Tipic商戶管理平台 (網頁版)