1. Introduction
1.1 Welcome to thrivetogether.shop ("Website"). This Website host an electronic commerce platform and intermediary that provides a platform for QNET LIMITED ("QNET") to sell various products and/or services for buyers to buy. This Website is owned and managed by QNET.
1.2 You should read all the terms of use herein carefully before using or purchasing any product or services or registering on the Website or accessing any material, information, or services through this Website. Please do not access or use this Website if you do not agree with these terms of use herein. The Terms of Use of this Website govern the relationship between you and QNET for the use of this Website and services offered in this Website
1.3 QNET reserves the exclusive right, to change, modify and/or amend any of the terms at any time. Changes will be effective when posted on the Platform with no other notices issued to you. Therefore, you are deemed to be aware of and bound by any amendments to the terms upon publication on this Website.
1.4 This Website, in whole or in part, maybe enhanced, modified or discontinued at QNET sole discretion. Any enhancements, additions or modifications to this Website will be subject to this Terms of Use.
1.5 You represent and warrant that you are at least 18 years old or has attained the legal age pursuant to the applicable laws to use this Website and the services offered. If you are not of the legal age, you must obtain permission from your parent(s) or legal guardian(s) before accessing this Website.
2. User Access, Submissions and Obligations
2.1 You may access and use the Website and the services offered in the Website either as a registered user or as a guest user.
2.2 Please be informed that not all services of the Website will be accessible to guest users as only registered user with valid account will be able to access and browse the Website and purchase products.
2.3 As for registered user, you need to register by providing QNET with accurate and current information about yourself, and to promptly update such information if there are any changes to information provided earlier. Upon registration, you will be given user ID and password of your choice to access and browse the Website mainly for selling and buying of products and/or services in this Website. QNET has the right to suspend and/or terminate your account.
2.4 It is the absolute responsibility of registered user to keep his/her ID and passwords safe and secure all the time and responsible for whatever activities that take place under the registered account. QNET shall not be held responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred by you as a result of, or in connection with activities that take place under the account.
2.5 As a user you shall not post, display, upload, modify, publish, transmit, update or share any information that has elements of harassment, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, hateful, racially/religiously objectionable, and/or violates any applicable law. QNET may at its discretion remove any postings by user from the Website if QNET determines that such posting is in violation of these Terms of Use or any applicable law.
2.6 As a user of this Website you agree and grant QNET right to use whatever materials and/or information submitted to QNET through this Website including but not limited to, questions, reviews, comments, and/or suggestions. You further grant us the right to use your name, your username when you post or submit your comments, reviews and/or suggestions through the Website regarding services offered in the Website.
2.7 As a user of this Website you agree and acknowledge that this Website managed by QNET is an electronic commerce platform. Any contract between QNET as the Seller and Buyer on the Website is a bipartite contract between buyer and QNET. Further, QNET does not provide any guarantee, warranties, or assurance on anything in the Website.
2.8 You acknowledge and agree that QNET does not provide any implied guarantee, warranties, or assurance in connection to the quality of products and/or services offered in the Website over and above what are expressly stated on the Website or on the packaging of the products or services.
2.9 You further agree that in the event you breach any of your obligations under the terms of use of this Website, you are liable to QNET and/or to any third party for any breach consequences in connection with the use of this Website including any loss or damage which QNET and/or its affiliates or its vendors may suffer for any such breach.
3. Intellectual Property
3.1 All information content, website design, images, illustrations, text, graphics, software audio clips, and video clips ("Intellectual Property") in this Website is the property of QNET, its’ vendor, or any third party. As such any user being granted a revocable licence to access the Website has no rights or ownership over the Intellectual Property of QNET, its vendor or any third party in the in the course of accessing this Website. Any use other than for personal and commercial is a breach of the intellectual property rights of the respective owners. Therefore, you are strictly prohibited from copying, reproducing, altering, modifying, uploading, posting, transmitting, or redistributing the Intellectual Property in any way, whether directly or indirectly without the prior written consent of the respective owner of the Intellectual Property.
4. Limitation of Responsibility and Disclaimer
4.1 QNET shall not be held liable in any event or circumstances for any special, incidental, indirect, or consequential damages of any kind in connection with use of the Website and the Website terms of use herein.
4.2 The Website including all information and/or services are provided in the Website by QNET is on an "as is" basis without any warranties, representations of any kind made by QNET either expressly, impliedly or statutorily in connection to the Website and/or the Services provided in the Website including, without limitation, warranties of non-infringement of third party rights, title, merchantability, quality or fitness for a particular purpose.
4.3 QNET shall not be liable for any of the user’s / third party’s submission of content of any kind under intellectual property rights, libel, privacy, publicity, vulgarity, or other laws. QNET shall also be not liable in connection to the misuse, loss, alteration, or unavailability of any user/third party submission of content in the Website.
4.4 QNET does not warrant that the Website and/or the Services provided in the Website or any of the functions contained in the Website will be available and accessible, uninterruptedly, secure, accurate, with no issues, and if any, it will be rectified. QNET also does not warrant that this Website and/or the server is free of viruses, malware, software locks, trojan-horses or any other harmful codes, instructions and/or components. You accept that your use of the Website is at your own peril.
4.5 There may be hyperlinks in this Website to other websites that are owned and/or operated by another third party which the content in such website is under third party’s control and not QNET. As such, QNET shall not be held liable for any errors, omissions, delays, defamation, libel, slander, falsehood, pornography, profanity, inaccuracy contained in those third party’s website as the consequences of accessing those linked website by you. Please be informed that such hyperlinks to other websites are not an endorsement by QNET of their content and you agree that you access those third party’s website entirely at your own will and risk.
5. Indemnification
5.1 You agree to indemnify, defend and hold harmless QNET, including its subsidiaries, affiliates, vendors, agents and their respective officers, employees, directors, agents, contractors, vendors ("indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses including legal costs made against or incurred by the indemnified parties that arise in connection with:
a) breach of any of the Terms herein by you,
b) use/access and/or inability to use/access this Website or the Services offered on the Website,
c) any claims made by any third party against Indemnified Parties in connection with your use of the Website and Services provided on the Website,
d) any claim that any Third-Party content, information, or materials provided by you caused damage to a third party,
e) Your violation of any rights of another, including any intellectual property rights.
5.2 You are strictly prohibited from attempting to settle or settle on your own accord any claims against QNET or admit any liability on the part of QNET without the prior written consent of QNET.
6. Termination
6.1 The rights granted under this Website Terms of Use herein will continue to apply unless terminated by QNET.
6.2 You may terminate the rights granted under this Website Terms of Use by not accessing the Website and/or not using any of the services on the Website if you are a guest. As for account holder, your rights are automatically terminated if you did not log in to the website for more than ninety (90) days from your last log in date.
6.3 QNET terminate rights granted to you under this Website Terms of Use or revokes your licence to access and use the services provided on the Website at its sole discretion and without prior notice to you if QNET has sufficient grounds to believe that you have breached the terms herein and any other terms set by QNET
6.4 Upon termination the rights granted, you shall immediately cease all access to the Website and stop using any of the Services on the Website, and QNET shall in addition immediately revoke your user ID and password.
6.5 Termination of rights under the terms herein shall not affect the rights and obligations of any parties (including seller and buyer) arising before the date of termination. QNET shall not be held liable to you or to any other person as a result of any such termination of the rights granted.
7. Governing Law
7.1 Any disputes which cannot be amicably resolved between the Parties herein shall be submitted to the exclusive jurisdiction of Courts of Hong Kong and this Website Terms of Use shall be governed by the laws of Hong Kong.