Please read these trems and conditions carefully. This Terms of Use Agreement (the “Agreement”) describes the terms and conditions applicable to your use of the firstpowerr.com web site which is identified by the uniform resource locator www.firstpowerr.com (the”Site”). This Agreement is entered into between you as the user of the Site (the “User”) and the owner of the Site (“firstpowerr.com”).
For purposes of this Agreement
a “User” is any person who accesses the Site for whatever purpose, regardless of whether said User has registered on the Site as a registered User or whether said User is a paying customer for a specific service provided by firstpowerr.com or any of its affiliates. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
By accessing or using the Site
you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
firstpowerr.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by firstpowerr.com of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of firstpowerr.com.
When you visit firstpowerr.com or send customer requests (Customer Service Express Tickets) to firstpowerr.com, you are communicating with firstpowerr.com electronically. You consent to receive communications from firstpowerr.com electronically. firstpowerr.com will communicate with you by e-mail or by posting notices on this site.
Users Generally
■ Users may use this Site solely for their own personal 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 “firstpowerr.com Content”) for the purpose of re-selling or re-distributing the firstpowerr.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with firstpowerr.com, or otherwise commercially exploiting the firstpowerr.com Content. Systematic retrieval of firstpowerr.com 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 from firstpowerr.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
■ Some of the firstpowerr.com Content displayed on this Site is provided or posted by third parties (“Third Party Content”). firstpowerr.com is not the author of Third-Party Content, whether contributed by anonymous users or registered users. Any Third Party Content is the sole responsibility of the party who provided the content. firstpowerr.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User’s reliance of such Third Party Content. In addition,firstpowerr.com is not responsible for the conduct of any User’s activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User’s conduct.
■ firstpowerr.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party’s web site. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that firstpowerr.com has no control over such third party’s web site, does not monitor such sites, and firstpowerr.com shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
■ firstpowerr.com reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall firstpowerr.com be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
■ No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by firstpowerr.com and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
■ We urge that you read Eblmall.com’s Privacy Policy which governs the protection and use of each User’s information in the possession of firstpowerr.com and/or its affiliates. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that firstpowerr.com may change the Privacy Policy from time to time provided that firstpowerr.com shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.
■ As a condition of your access to and use of firstpowerr.com, you agree that you will not use the firstpowerr.com service to infringe the intellectual property rights or other legitimate rights of others in any way. firstpowerr.com and/or its affiliates will in appropriate circumstances terminate the accounts of Users who are repeat infringers of the copyrights, or other intellectual property rights, or other legitimate rights of others. In addition, firstpowerr.com and/or its affiliates reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the firstpowerr.com service, or if firstpowerr.com believes that User’s conduct is harmful to the interests of firstpowerr.com, its affiliates, or other users, or for any other reason in firstpowerr.com’s sole discretion, with or without cause.
Relationship among Buyers, firstpower and Suppliers
firstpowerr is an online agent for all Buyers, collecting purchase orders from the Buyers, to reinforce its price negotiation advantage against the Suppliers. It acts on behalf of the Buyers to purchase the products designated by the Buyers. Through the Site, firstpowerr.com provides an electronic web-based platform for displaying the products information and other common terms and conditions of the transactions provided by the Suppliers. Any Sellers who are interested in listing their products on Site are encouraged to contact our promotion agent according to the following contact: firstpower-us@firstpowerr.com
Despite the provision of the platform through the Site, firstpowerr.com does not represent the Supplier in specific transactions via the Site. No sales agency relationship is created between any Supplier and firstpowerr.com, our affiliates, directors, officers or employees by virtue of firstpowerr.com’s display of any of products supplied by the sellers. The sales contract is entered in to between the Buyer and the Supplier.
Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. firstpowerr.com has very strict systems in selecting reliable suppliers. firstpowerr.com cannot control and is not liable to or responsible for the availability of the products or services offered for sale displayed on the Site. Therefore firstpower will not and cannot warrant to the Buyers that the purchase orders placed through the Site will be eventually fulfilled and there are situations that the Suppliers may have ceased to provide such products or provide such products at a different price in which situations the payment paid by the Buyer to our PayPal Account will be returned to the Buyers or will be adjusted in such manner acceptable to the Buyers.
The risks of purchase transactions when using the Site to conduct transactions shall include misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, delay or default in delivery, cost miscalculations and transportation accidents. All of the foregoing risks are hereafter referred to as “Transaction Risks.” All items purchased from firstpowerr.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to user upon our delivery to the carrier. But when user submit the issues that may arise as result of or in connection with the transaction risks on the website, we will help user to solve the problem in due course per user’s requirement
Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of 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 the Transactions have been changed and such change is notified to firstpower by some specific Suppliers, firstpower will post such amended terms of conditions on the Site. The mere obligation of firstpower is to display such terms and conditions of the transactions subject to amendment by the Suppliers from time to time. There may be situations that the Buyers have placed orders while the terms and conditions of the transactions are changed. firstpowerr.com will, as instructed by the seller, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Except where noted otherwise, the List Price displayed for products on the Site represents the price suggested by the supplier. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. With respect to items sold on the Site, firstpowerr.com cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in the catalog may be mispriced. If an item’s correct price is higher than the stated price, firstpowerr.com will, as instructed by the seller, cancel your order, notify you of such cancellation and make necessary compensation to you after friendly consultation with you.
In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify firstpowerr.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
Intellectual Property Rights (IPR) Protection Policy
■ firstpowerr.com respects the intellectual property rights of others, and we expect our users to do the same. Unauthorized use of another party’s materials and trademarks are dealt with severely on our website.
■ firstpowerr will request each seller to ensure that listing of counterfeits, non-licensed replicas, or unauthorized products such as counterfeit designer garment, watches, handbags, sunglasses or other accessories is strictly prohibited on firstpowerr.com, and no products can be displayed on firstpowerr.com without the explicit permission from the intellectual property right holder. Branded products are permitted to be displayed on firstpowerr.com if a certificate of authorization has been issued by the brand owner.
■ Repeat violations of our IPR policy may result in a range of actions, including Removal of listing(s). The following actions are used as a deterrent against infringement of IPR:
— Voluntary review and removal of listings that appear to offer counterfeit, non-licensed replicas or unauthorized items.
— Prompt removal of listing(s) when an intellectual property infringement claim is filed by the trademark holder against any seller who are the suppliers of such listed products;
— Written notification with appropriate reason(s) given to sellers who have their product(s) removed on firstpowerr.com for suspicion of infringing the IPR of others.
— Written notification to sellers whose products are claimed to infringe on other’s IPR. Parties involved will have equal opportunities to respond to such charges.
— Termination, when appropriate, of the listings of the sellers who are repeat offenders With millions of Users trading on firstpowerr.com each day, we expect each and every seller to behave responsibly.
We request those who assert claims of infringement to stand behind their claims. By submitting a report of alleged infringement to firstpowerr.com, you agree to indemnify firstpowerr.com against claims or damages arising from the removal of the listing.
■ How to report an alleged IPR infringement to firstpowerr.com:
If you have a good faith belief that a listing on the Site infringes your copyright, trademark, patent or other intellectual property rights, you may complete firstpower’s Notice of Claimed IPR Infringement Form and email (firstpower-us@firstpowerr.com) it to firstpowerr.com. The completed Notice should specifically identify the seller and each and every link which is claimed to be infringing your rights (specific URL). The complainant must upload the following materials as attachment for qualification verification:
— rights proof
According to the rights asserted, please provide rights proof, such as patent registration certificate, trademark registration certificate and copyright registration certificate, etc. (note: registration certificate of the intellectual property rights should be provided; application advice / acknowledgement is insufficient rights proof)
— identification proof
Individual: ID card, passport and other identification proof documents
Enterprise: business license and other industrial and commercial registration documents
— rights-holder authorization proof
If the complainant is not the rights-holder, he must produce authorization or agency certificate duly signed or sealed by the rights-holder.
Upon receipt of the aforesaid Notice and other information, we will promptly evaluate your complaint, and in cases where it is appropriate, we will expeditiously take down the listing referred to in your claim.
We will notify the seller in writing of the removal of the claimed infringing product listing and provide the seller with your contact information so that the seller may contact you directly and with an opportunity to respond.
If the seller objects to the removal of the alleged infringing product listing, the seller may submit to us an appropriate counter-notice to dispute the claim. Upon receipt of such counter-notice, we may resume the seller’s listing unless we receive notice from you that an action has been filed against the member in a court of competent jurisdiction for infringement of your intellectual property rights.
Limitation of Liability
■ To the maximum extent permitted by law, the features and services on the site are provided on an “as is” and “as available” basis, and firstpowerr.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
■ TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRSTOPOWERR.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, FIRSTOPOWERR.COM DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND EBLMALL.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
■ Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from firstpowerr.com or through or from the Site shall create any warranty not expressly stated herein.
■ Under no circumstances shall firstpowerr.com be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment 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, orders of domestic or foreign courts or tribunals or non-performance of third parties.
■ Each User hereby agrees to indemnify and save firstpowerr.com, 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 such User’s use of the Site (including but not limited to the display of such User’s information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save firstpowerr.com, 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’s breach of any representations and warranties made by User to firstpowerr.com.
Each User hereby further agrees to indemnify and save firstpowerr.com, 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 Rights claimants or other third parties relating to products offered or displayed on the Site.
Each User hereby further agrees that firstpowerr.com is not responsible and shall have no liability to it, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. firstpowerr.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with firstpowerr.com in asserting any available defenses.
■ firstpowerr.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
–the use or the inability to use the Site;
–any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
–violation of Third Party Rights or claims or demands that Users’ manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
–unauthorized access by third parties to data or private information of any User;
–statements or conduct of any User of the Site; or
–any matters relating to Premium Services however arising, including negligence.
■ Notwithstanding any of the foregoing provisions, the aggregate liability of firstpowerr.com, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each User for all claims arising from the use of the Site or the firstpowerr.com service shall be limited to the greater of (a) the amount of fees the User pays to firstpowerr.com or its affiliates in 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 User to prove actual damages. All claims arising from the use of the Site or the firstpowerr.com service must be filed within one (1) year from the date the cause of action arose.
Intellectual Property Rights
firstpowerr.com is the sole owner or lawful licensee of all the rights to the Site and the firstpower Content. The Site and firstpowerr.com Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and firstpowerr.com Content shall remain with firstpowerr.com, its affiliates or licensors of the firstpowerr.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by firstpowerr.com are hereby reserved.
“firstpower”, “firstpowerr.com” and related icons and logos are registered trademarks or trademarks or service marks of firstpowerr.com, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws.
The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
General
This Agreement and the Privacy Policy constitute the entire agreement between the User and firstpowerr.com with respect to and governs the use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
firstpowerr.com’s failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right nor waives firstpowerr.com’s right to act with respect with subsequent or similar breaches.
firstpowerr.com shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement). The User may not assign, in whole or part, this Agreement to any person or entity.
This Agreement shall be governed by the laws of the Hong Kong Special Administrative Region (“Hong Kong”) without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts ofHong Kong.
If there is any conflict between the English version and another language version of this Agreement, the English language version shall prevail.
