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條款及細則

Application of Terms of Use

This Website※ is operated by The Automall Limited (“The Automall”).

This “Terms of Use” (“Terms”) provides fundamental matters regarding use of various services provided in the Website (the “Services”).

※This Website refers to all directories and pages contained in the domain below.

  • https://www.theautomall.com.hk/en/
  • https://www.theautomall.com.hk/tc/

Terms and Conditions of Use Statement

In case of any violation of these Terms of Service, The Automall reserves the right to seek all remedies available under the law and in equity for such violations. These Terms of Service apply to all visits to this website, both now and in the future.

The Automall reserves the right to change these Terms of Service from time to time at its sole discretion. All changes will be posted on https://www.automall.com.hk, and your use of this website after such changes have been posted will constitute your agreement to the modified Terms of Service and all of the changes. You should therefore read this page carefully each time you visit this website.


Definition of Users

For the purpose of the Terms, any and all persons who use the Services, regardless of whether they are identifiable by The Automall, are defined as the users (the “Users”). The Terms apply to all Users of the Website.

These Terms apply to all users of https://www.automall.com.hk, including without limitation, users who are browsers, business owners, agents, affiliate marketers, customers, retailers, clients, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with these Terms and Conditions of Use and our Privacy Policy.


Digital Signature

By registering for a The Automall online account on the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement electronically, effective on the date you register your Account, pursuant to the Hong Kong Personal Information Protection and Electronic Documents Act.Your Account registration constitutes an acknowledgement that you are able to electronically receive, downloads, and prints this Agreement, and any amendments.


Site Ownership and Usage

The Automall reserves the complete ownership of https://www.automall.com.hk website and its content. The Automall ownership rights are protected by the domestic and international copyright laws and other intellectual property rights. Reproduction and usage of the content, without prior written consent of The Automall, in any form or manner is prohibited and may result in strict legal action.


Provision of Service

https://www.automall.com.hk is a corporate website for providing sale of services and products, and an used car classified site that brings together the largest and most engaged consumer audience, with the largest pool of vehicle sellers, listing hundreds of cars each day for the benefit of the potential customers.
With our legacy and depth of experience at The Automall, we are dedicated to giving the retailers and customers the very best of our high quality service and we make them our number one priority.


Content

All content provided by users other than The Automall (i.e. browsers, business owners, agents, affiliate marketers, customers, retailers, clients, merchants, vendors and/or contributors of content) is for informational purposes only at their own discretion. The Automall makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site which is provided by users.

The Automall will not be liable for any errors or omissions in this information nor for the availability of this information by users. The Automall will not be liable for any losses, injuries, or damages from the display, use or miss-use of this information.

The Automall will not be liable for other users (browsers, business owners, agents, affiliate marketers, customers, retailers, merchants, vendors and/or contributors of content other than The Automall), who are having individual accounts for personal use.

The Automall endeavors to keep the services safe for everyone, your use of the services and your interactions with other users is entirely at your own risk.

You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the services is to request for termination of your account and/or discontinue any use of the services.

In no event shall The Automall be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the services or any third party content and services, or arising out of or in connection with your conduct or the conduct of other users in connection with the use of the services including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other users or persons you meet through the services, whether or not the damages were foreseeable and whether or not The Automall was advised of the possibility of such damages.


Agreement to Terms of Use

The Users who actually use the Services will be deemed to have agreed to the Terms.


Equipment Necessary to Use Services

Any terminal equipment, communication devices, software and other facilities necessary to use the Services must be prepared by the Users.


Notification and Change of Terms

The Automall reserves the right to modify all or part of the Terms in its sole discretion without prior notice to the Users. In such case, The Automall shall give notice of such modification at the Website, and the modification shall take effect at the time of such notice at the Website.


Prohibited Matters

In using the Website, the Users are prohibited by The Automall from conducting the following acts (including acts or preparatory acts which may trigger the following acts):

  1. Any act that defames or slanders, or may defame or slander, other Users, third parties and/or The Automall (including Automall's affiliated companies);
  2. Any act that infringes or may infringe property rights or privacy of other Users, third parties and/or The Automall (including The Automall's affiliated companies);
  3. Any act that infringes or may infringe intellectual property rights (including, but not limited to, copyrights, design rights, patent rights, utility model rights, trademark rights and portrait rights) of other Users, third parties and/or The Automall (including The Automall's affiliated companies);
  4. Any act to transmit or write harmful computer programs;
  5. Any act that offends or may offend public order and morals or that constitutes or may constitute criminal behavior;
  6. Any act to use or to be prepared to use the Services for commercial purposes;
  7. An election campaign or any similar act, or any other act that relates to politics and/or religions;
  8. Any other act that hinders operation of the Services;or
  9. Any act that violates any law or regulation of Hong Kong or of a country or district in which the User is residing at the time of use of the Website.

Responsibility regarding Use of Information provided in Website

The Automall will make no guarantee of the integrity and availability of the information which the Users obtain through the Website, including information dispatched from other Users. All Users will make use of the Website on their own responsibility and judgment, and The Automall will not be held responsible for any result of using or relying on such information.


Copyright and other Intellectual Property
  1. Any right relating to all the content of the Website belongs to or is exercised by The Automall under the license and other legitimate title, and no part of the Website may be used for any purpose other than personal use, redelivered to the public, or used or reproduced by the Users without permission, whether in or outside of the network.
  2. All trademarks and service marks appearing on the Website are owned, or used under the license and other legitimate title by The Automall or its affiliated companies, and the Users are prohibited from using any such trademarks and service marks without permission of The Automall.
  3. Any copyright or other intellectual property right arising from or in connection with information provided by the Users (including the rights provided for in Article 27 and Article 28 of the Copyright Act) The Automall be transferred from the Users to The Automall without charge, and the Users shall not exercise the moral rights of author or any other similar rights whatsoever.

Change, Addition and Termination of Services
  1. In any of the following events, The Automall
  2. may terminate or temporarily suspend the provision of all or part of the Services without giving prior notice to the Users
  3. In the event of regular or urgent maintenance of the systems that provide the Services;
  4. In the event that there are other reasonable grounds in respect of the operation or technology of the Services.
  5. In the event of a power outage, fire, earthquake or any other force majeure that makes provision of the Services difficult; or
  6. In the event of a failure of the systems that provide the Services;
  7. The Automall may make a change or addition to or terminate all or part of the Services without prior notice to the Users.
  8. The Automall will not be held liable for any detriment or damage incurred by the Users as a result of any of the preceding actions.

User Registration or Site Access

Registration is not required to visit https://www.automall.com.hk; however, you will need to register with us and create an account free of charge if you desire to use all of the Website’s services and features or to complete a transaction with us.

If you register to open an account, you agree to provide accurate, complete registration information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to that information. Each registration is for a single person / business entity only, unless specifically designated otherwise on the registration page.

The Automall does not permit any other person using the registered sections under your name. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should contact us at info@automall.com.hk

User is responsible for maintaining the confidentiality of his Service password and account, and is responsible for all activities that occur there under.


Account Registration

You agree to provide true, accurate, and complete information on all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You must not provide false or misleading information about your location. You must not provide false or misleading information about your car specification or credit information. You must not ask or allow another person to create an Account on your behalf, for your use, or for your benefit.


Site Uptime

All reasonable measures are taken by us to ensure that https://www.automall.com.hk Website is operational every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.

Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice


Disclaimer of Warranties

The Contents of this website are provided on an "as is" basis without warranties of any kind and The Automall and the administration body will not be responsible for any errors or omissions, or for the results obtained or consequences arising from the use of any of the Contents, or for the authenticity or integrity of any transactions or communications made through https://www.automall.com.hk website.

  1. To the fullest extent permitted by law, The Automall does not make any representations or warranties whatsoever and hereby disclaim any and all warranties including express, implied and/or statutory warranties of any kind to you or any third party, whether arising from usage or custom or trade or by operation of law or otherwise, including but not limited to the following:
  2. (a)Any representations or warranties as to the accuracy, completeness, correctness, reliability, currency, timeliness, non-infringement, title, merchantability, quality or fitness for any particular purpose of the Contents of this website; and
  3. (b)Any representations or warranties that the Contents available through https://www.automall.com.hk website or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that this website and the server is and will be free of all viruses and/or other malicious, destructive or corrupting code, programmed or macro;
  4. The Automall and the administration body shall also not be liable to you or any third party for any loss, injury, claims, actions, costs, expenses or other damage of any kind, whatsoever and howsoever caused, including but not limited to any direct, indirect, punitive, special or consequential damages, loss of income, revenue or profits, lost or damaged data, or damage to your computer, software, modem, telephone or other property, howsoever caused whether arising directly or indirectly from:
  5. (i) Your access to or use of https://www.automall.com.hk website;
  6. (ii) Any loss of access to or use of https://www.automall.com.hk website, howsoever caused;
  7. (iii) Any inaccuracy or incompleteness in, or errors or omissions in the transmission of, the Contents.

Force Majeure

The Automall and the administration body shall not be liable for damages, losses, injuries, claims, actions, costs and/or expenses of any kind arising from its failure or delay in performing any or all of its obligations if such failure or delay is due to circumstances or causes by Force Majeure i.e. external forces beyond our control, which include but are not limited to terrorism, natural disasters, strikes or, electricity failures.

In such cases, the agreement between https://www.automall.com.hk and the user will be cancelled


Liability or Consequential Loss
  • Under no circumstances will The Automall be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of our website;
  • If a maintenance contract is signed then The Automall will ensure that data on their site is regularly backed up manually and that a contingency plan is in place to minimize possible losses as a result of software failure.
  • Unfortunately malicious software, spy-ware, viruses and website hacking are common threats and The Automall and the administration body cannot be held responsible for problems that develop on completed sites as a result of such illegal activity.

Websites of Third Parties

The Automall will not be held responsible for and will not be liable to compensate for any damage arising from or in connection with the use of other websites managed or operated by third parties that are linked from the Website.

This https://www.automall.com.hk website contains hyperlinks to web sites which are not maintained nor controlled by The Automall. The Automall shall not be responsible for the content of any hyperlinked website or any hyperlink contained in a hyperlinked web site, or liable for any loss, injury, claims, actions, costs, expenses or other damage arising from access to those websites. Use of the hyperlinks and access to such hyperlinked websites are entirely at your own risk.

All hyperlinks to other websites are provided as a convenience to you as a user of this website. The inclusion of any hyperlink does not imply endorsement by The Automall of such websites. In no circumstances shall The Automall be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites to which this website is hyperlinked.

The Automall reserves the right to disable any unauthorized links or frames and disclaim any responsibility for the content available on any other site reached by links to or from this website or any of the Contents.


Handling of Personal Information
  1. As a general rule, Users are not required to provide any personal information, such as addresses or names, which could be used to identify the User (collectively, “Personal Information”), in order to access and view these Websites.
  2. The Automall will appropriately manage all Personal Information in accordance with our 'Privacy Notice'.

Indemnity and Compensation for Damages
  1. If any of the Users violates these Terms or inflicts damage on The Automall by fraudulent acts, The Automall may claim reasonable compensation against such User. The Users who, by using the Services, inflict damage on third parties shall settle such damage on their own responsibility.
  2. Unless otherwise provided herein, The Automall will not be held responsible to the Users or third parties for any failure or breakdown of the systems that provide the Services, any intrusion to the Systems by third parties and any commercial disputes for any reason whatsoever.

Website Security

This Website makes use of following highly secure technologies, and maintaining a high level of security.

  1. Prevention of unauthorized access with a firewall
  2. Prevention of unauthorized access through periodic analysis of access logs and an intrusion detection system
  3. Data encryption

Link to Website

The Users may freely establish a link to the Website in their own website, except for those which include:

  1. Any contents that are offensive to public order and morals;
  2. Any contents that are in violation of laws and ordinances;
  3. Any contents that defame The Automall (including its affiliated companies) or any of its affiliates; or
  4. Any other contents that are objectively considered to be detrimental to the corporate value of The Automall.
  5. When linking to the Website, the Users are requested to link to the top page of the Website (https://www.automall.com.hk), in principle. The Users should note that the linked page is subject to change or deletion without prior notice to the Users.
  6. The Automall will not be held liable for any disadvantage arising from or in connection with such change or deletion of the page for the convenience of The Automall.

Governing Law / Jurisdiction

Any interpretation and application of the Website and these Terms shall be governed by the laws of Hong Kong Special Administrative Region (HKSAR). Unless otherwise provided, any and all disputes arising from or in connection with the Website shall be subject to the exclusive jurisdiction of the Hong Kong courts as the court of first instance.


For Questions or Comments, Contact Us

If you have any questions, concerns, comments or complaints regarding this Terms and Conditions and/or our collection or use of personal information, or if you wish us to stop processing your personal information for any particular purpose or purposes or you want to learn more about the listing vehicles on our website, then please, contact us info@automall.com.hk.

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