Terms of Services
Please read this Terms of Services (“Agreement”) thoroughly before applying for membership of online shop operated by SUGI BEE GARDEN(INTERNATIONAL) CO., LIMITED(“Company”). Hereinafter the online shop operated by the Company is referred to as “Shop”). This Agreement stipulates the rights and obligations between Member (defined below) and the Company.
Article 1. Interpretations and others
1.,"Member" refers to a customer who accepts the terms of this Agreement and applies for membership of the Shop in accordance with the procedures established by the Company.
2. "Member Information" refers to any information concerning Member disclosed by the Member to the Company, including but not limited to the identification information, transaction history, and any other relevant information.
3. This Agreement shall become effective upon acceptance and consenting to the terms of this Agreement by Member, and shall apply to and be observed by all of the Members both during the process of and after the application for membership to the Shop operated by the Company.
Article 2. Membership Registration
1. Membership qualification
Those customers who have submitted the designated application upon accepting the terms of this Agreement are qualified to be registered in the membership, and such customer may become the Member registered in the membership, upon and after having successfully completed the membership registration process designated by the Company (“Membership Registration”). Membership Registration must be completed by the person him(her)self who intends to become the Member. Registration through an agent is not permitted. In addition, applications submitted by those customers whose membership have been revoked in the past, or any other customers who are determined to be unsuitable for membership by the Company at its sole discretion shall not be accepted.
2. Entering Member Information
When entering Member Information during Membership Registration, Member shall be sure to read the relevant points of note and correctly enter the required items in the designated entry format. In filling in Member Information, Member cannot use any of special symbols, traditional Chinese characters or Roman numeric characters. In the event that such prohibited symbols or characters have been included in the registration information, the Company may, at its sole discretion, change them to another appropriate form of symbols or characters.
When entering Member Information, Member shall guarantee all information he(she) provides is correct and true.
3. Password management
(1) The password issued to a Member can be used by that Member only, and cannot be transferred to or allowed to be used by any third party.
(2) Members are responsible for management and safekeeping of their own password, by, for example, periodically changing it to maintain its confidentiality.
(3) A transactions or communications with the Company by using a particular password of a Member shall be considered as those made by the Member to whom that password belongs, and such Member is responsible for the payments or any other obligations arising as a result of such transactions or communications with the Company.
Article 3: Changes to the registered Member Information
1. When there is a change in name, address, or any other Member Information submitted to and registered by the Company, the Member shall promptly contact to the Company and request the Company to change and amend Member Information properly.
2. The Company bears no responsibility for any loss or damages suffered by Member as a result of failure by the Member to contact to the Company under the preceding subsection. For the avoidance of doubt, Members should be aware that if a transaction has already been made at the time a request to change Member Information is made, the Company will not take such a change into consideration, and the obligation by the Company under such a transaction shall be performed based only on the Member Information registered and held by the Company at the time when the transaction was made.
Article 4: Cancelation of membership by Member
The cancellation procedure of membership by a Member must be done by the Member him(her)self who wishes to cancel membership. Once the designated procedure for canceling membership is completed, the membership is terminated.
Article 5: Revocation of membership with Cause and obligation for compensation
1. The Company has the right to revoke or cancel membership of a Member if any of the following apply;
(1) when a Member submits false information to the Company when applying for membership or during any other course of dealings with the Company,
(2) when a Member fails to fulfill the payment obligations under the transaction with the Company, or
(3) when there is any reason that the Company considers a Member behaves in such a way as the Company deems the Member inappropriate to be qualified as a Member.
2. A Member shall be responsible for any loss or damages caused to the Company as a result of any of the following situations;
(1) improper use of membership number and password by a Member,
(2) disrupting of the business of the Company, by, for example, accessing the Company's website to unlawfully and improperly alter the information thereon, transmitting a harmful computer program to the Company’s website, or doing any other malicious actions against the Company,
(3) any conduct by a Member which amounts to the infringement of the intellectual property rights of the Company concerning its product, or
(4) any other act by a Member which amounts to the breach of this Agreement.
Section 6: Handling Member Information
1. The Company shall not disclose Member Information to any third party, without the prior consent of the relevant Member, provided, however, that the Company may disclose Member Information without such Member's prior consent if any of the following applies;
(1) when required under any applicable laws, or by any request or order by the court or other governmental authorities to disclose Member Information,
(2) when the Company determines that disclosing such Member Information is necessary to protect the Company's legitimate rights, revenues, reputation, etc, to the extent that such a disclosure may not bring about any breach of applicable laws and regulations concerning personal information protection.
2. In addition to the terms of this Agreement, the Company manages and deals with Member Information in accordance with the Company's Privacy Policy as set out separately (“Privacy Policy”). For the avoidance of doubt, Privacy Policy as amended from time to time shall consists of the part of this Agreement and Member shall be deemed to have consented the terms of the Privacy Policy by accepting the terms of this Agreement. The Company may use Member Information within the Company and those companies that belong to the same group as the Company, whether incorporated in and outside Hong Kong (“Group Company”) in order to provide its services to Members, improve services, promote the use of services, and ensure the soundness and smooth operation of services, as set forth in this Agreement or the Privacy Policy.
3. Subject to the terms in the Privacy Policy, the Company may provide information (including advertisements) to Members through email newsletters or by any other means, and Members hereby explicitly agree to the Company that the Company might send such information to Member. If a Member does not wish to receive any of such information from the Company, the Member can request the Company to stop doing so, by informing the Company of its intention by the method designated by the Company. For the avoidance of doubt, Member agree and acknowledge that the sending of certain information shall be essential to the provision of services by the Company, and sending of such an essential information cannot be stopped at the Member's discretion.
Article 7: Prohibited Matters
When using the Company's services, Members are not allowed to engage in any of the following actions;
(1) to breach or violate any applicable laws and regulations, the warnings or any other terms regarding the use of services or purchase of products through the Shop, and any other provisions under this Agreement,
(2) to do any harm against the rights, interest, reputation, etc. of the Company or of any other third party,
(3) to do any act which has, or is at risk of having, a harmful influence on the health of mind and body of young people, or any other behavior which violate or disobey the public morals,
(4) to do any nuisance behavior that causes discomfort or inconvenience to any other Member or any third party,
(5) to enter any false information to the forms submitted to the Company,
(6) to transmit or upload any harmful computer programs, emails or the like, to the Company’s website, server or any other computer equipments,
(7) to unlawfully and improperly access the Company’s website, server or any other computer equipments,
(8) to allow the password to be used by, or transfer the passwords to any third party, or to share the passwords with any third party, or
(9) to do any other behavior not included in the above items that the Company determines to be improper.
Article 8: Suspension and Termination of services
1. In order to ensure the smooth operation of services, the Company may, at its sole discretion, decide to discontinue all or any part of the services without prior notice if any of the following applies;
(1) when periodic maintenance or emergency system maintenance of the system is necessary,
(2) when the system is overloaded,
(3) when it becomes difficult to operate the system due to any disaster, fire, power failure, or interference by any third party, or
(4) when there is any other matters that the Company determines the discontinuation of system operation is required.
Article 9: Changing or discontinuing services
The Company reserve the right to, without any prior notice to Members and at any time, discontinue, change or alter all or any part of its services.
Article 10: Disclaimer
1. The Company is not responsible in any way whatsoever for loss or damages related to the services provided to Members, such as that caused by service suspension, delay, stoppage or loss of data due to any breakdown in the telecommunication, computer, or any other equipment, or from the improper access to data by any third party, or any other reason.
2. The Company shall not guarantee or warranty that there are no harmful data such as computer viruses contained in Company’s website, server, domain, any other computer equipments or email content sent from the Company's website, server or domain.
3. The Company is not responsible in any way whatsoever for any loss or damages that is suffered by the Member as a result of the Member’s breach of any of the terms of this Agreement or other provisions applicable to Member.
Article 11: Revisions to this Agreement
The Company reserves the right to, at its sole discretion, revise, amend or alter this Agreement. Moreover, the Company may designate any subsidiary rules or provisions supplementary to this Agreement ("Supplementary Provisions"). Revisions to this Agreement or designation of Supplementary Provisions come into force at the time when the revised Agreement or designated Supplementary Provisions are posted on the website designated by the Company for this purpose, and in such a case, Member shall be deemed to consent to the revised Agreement or designated Supplementary Provisions by continuing to use the services by the Company, and comply with the latest version of the Agreement or Supplementary Provisions which are revised or designated in accordance with this Article.
Article 12: Applicable laws and court of jurisdiction concerning this Agreement
1. The construction, effectiveness, validity, performance and interpretation of this Agreement shall be governed by and construed in accordance with the laws of Hong Kong .
2. In the event that a dispute arises concerning this Agreement, both parties agree to submit to the exclusive jurisdiction of the district court having the jurisdiction over the place where the Company’s principal place of business is located.
Article 13: Applicable laws and court of jurisdiction concerning the transaction
All transactions with the Company through Company’s website shall be governed by and construed in accordance with the laws of Hong Kong . For any disputes which may arise thereof, both parties agree to submit to the exclusive jurisdiction of the district court having the jurisdiction over the place where the Company’s principal place of business is located.
