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Disclaimer (In English Only)

GoUpMall.com (hereinafter referred to as the "Website" or the "Company") may update our disclaimer (the "Disclaimer") at any time by posting the revised version in the "Disclaimer" section of the Website. The revised Disclaimer is effective immediately when posted on the Website.
1.
The content of the Website is for general information purposes only and does not constitute advice. The Website tries to provide content that is true and accurate as of the date of writing; however, we give no assurance or warranty regarding the accuracy, timeliness, or applicability of any of the contents.
2.
The Company assumes no responsibility for information contained on this Website and disclaims all liability in respect of such information. The Website shall have no responsibility of any kind whatsoever on the commercial transactions conducted thereafter between merchants and users of the Website. In no event will the Company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website.
3.
The Website accepts no responsibility for and excludes all liability in connection with browsing this website, use of information or downloading any materials from it, including but not limited to any liability for errors, inaccuracies, omissions, or misleading or defamatory statements. The information at this website might include opinions or views which, unless expressly stated otherwise, are not necessarily those of the Website or any associated company or any person in relation to whom they would have any liability or responsibility. Any information downloaded or otherwise obtained through the use of this Website is at users' own discretion and sole risk and that users will be solely responsible for any damage to their computer system or loss of data that results from the download of any such information.
4.
All content and information at the Website might be changed or updated without notice. The Website might also make changes or improvements at any time without notice.
5.
The Company/the Website hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with regard to any information, content, or services listed at our Website, including but not limited to direct, indirect, incidental, or consequential loss or damages, compensatory damages, loss of profits, or data, or otherwise.
6.
Reference within this site to any specific commercial product, process, or service by trade name, trademark, manufacturer or otherwise does not constitute or imply an endorsement, recommendation, or favoring by the Website. The views and opinions of the user/member/author of content published at the Website do not necessarily reflect the opinion of the Website.
7.
Links to external, or third party websites, are provided solely for users' convenience. Links taken to other sites are done so at your own risk and the Website accepts no liability for any linked sites or their content. Any link from the Website to an external website does not imply or mean that the Website endorses or accepts any responsibility for the content or the use of such website. The Website does not give any representation regarding the quality, safety, suitability, or reliability of any external websites or any of the content or materials contained in them. It is important for users to take necessary precautions, especially to ensure appropriate safety from viruses and other potentially destructive items.
8.
Every effort is made to keep the Website up and running smoothly. However, the Website takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.
9.
In any event, the Company, its officers, directors, employees or agents shall not be liable in any event for any losses, claims or damages suffered by any user whatsoever and howsoever arising or resulting from his/her use or resulting from his/her use of inability to use the sites and their contents, including negligence and disputes between any parties.



Privacy Policy

Your access and use of GoUpMall.com (hereinafter referred to as the "Website") is governed by this Privacy Policy. Please read the Privacy Policy carefully to ensure you understand. You may close the Website immediately if you do not agree to be bounded by the Privacy Policy. By opening and progressing on the Website, you are deemed to have read and accepted our Privacy Policy. The Company maintains a strict confidentiality policy on all personal data collected from the users, members and the merchants through the Website.
1.
Changes to Privacy Policy
1.1
We may change this Privacy Policy at any time by posting the revised version in the "Disclaimer" section of the Website. The revised Privacy Policy is effective immediately when posted on the Website.
1.2
It is the responsibility of each user of the Website to review the Privacy Statement periodically to learn of any revisions. Your continuous use of the Website after the effectiveness of such revisions will constitute your acknowledgment and acceptance of the terms of the revised Privacy Policy.
2.
Types of Information Collected and Uses of Collected Information
2.1
We collect certain personal information that could be used to identify a specific user. When a user engages in certain activities on the Website, such as creating a member account, posting a review in the Website, entering a contest sponsored by us or our participating merchants, filling out a survey, sending us feedback, requesting information about our services, we may ask user to provide certain information about himself/herself, such as first and last name, mailing address, email address, telephone number and identity card number.
2.2
When a merchant joins the Website, we may ask the merchant to provide us with his/her credit card number, expiration date and authentication codes or related information to process a transaction.
2.3
We use the collected personal information to provide services to our users, members and merchants, improve our marketing and promotional efforts, analyze the Website use and enhance the operation of the Website.
2.4
We may also use your personal information for contact purpose, enforce our agreements with the Website users and members as well as participating merchants, including our Website Terms of Use and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities.
3.
Release of Personally Identifiable Information
We will not share individual's personal information with other parties except as provided below:
3.1
We may share your information with authorized third party service providers. We provide some of our services and products through third parties. These third party service providers perform functions on our behalf, such as sending out and distributing our administrative and promotional email/SMS. We may also share merchants' personal information with certain service providers to administer and process credit card transactions.
3.2
We may share your information when there is a change of ownership. As with any other business, we could merge with, or be acquired by another company. If this occurs, the successor company would acquire the information we maintain including your personal information. However, all the personal information would remain subject to this Privacy Policy.
3.3
We may disclose your information when required by law or court order, or as requested by government or law enforcement authorities or administrative organizations, or in the good faith that disclosure is otherwise necessary or advisable including and without limitation to protect the rights or properties of the Company or in circumstances which we consider to be related to any of the purposes for which the personal information are collected. This also applies when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
4.
Updating and Correcting Information
We believe that you should have the ability to access and edit your personal information you provide us. You may change any of your personal information by accessing your member or merchant account and editing profile. You may ask to have your user profile deleted by sending an email to contactus@GoUpMall.com.
5.
User Choices on Collection and Use of Information
5.1
You can always choose not to provide information, although it may be required to engage in a certain activity on the Website.
5.2
As a member or merchant of the Website, we will send you administrative and promotional emails. We will send you information regarding your account activity and promotional material that you may have interested.
5.3
If you do not wish to receive any emails from us, please send an email to contactus@GoUpMall.com to inform us your wish and we will remove your email address from our mailing list, or by hitting the "unsubscribe" button at the bottom of any of our e-mails.
6.
Privacy Policies of Third Party Websites
6.1
This Privacy Policy only addresses the use and disclosure of information we collect from you. Other websites that may be accessible through this Website have their own privacy policies and data collection, use and disclosure practices.
6.2
If you link to any such website, we encourage you to review the website's privacy policy. This Privacy Policy applies only to information collected by this Website. We are not responsible for the policies or practices of third party websites.
7.
Public Areas
7.1
We may provide areas on the Website where our members can publicly post information about them and can review merchants listed on the Website. This information would be accessible by users of the Website and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others.
7.2
If you agreed to reveal your email address on the Website, you may receive unsolicited messages. We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please consider carefully before allowing the Website to post any of your personal information.
8.
Security Measures
The Company will use its reasonable endeavors to ensure that its officers, directors, employees, agents and/or contractors will exercise their prudence and due diligence in handling the personal data submitted by the Users, and the access to and processing of the personal data by such persons is on a "need-to-know" and "need-to-use" basis. The Company will use its reasonable endeavors to protect the personal data against any unauthorized or accidental access, processing or erasure of the personal data.



Terms and Conditions

Your access and use of the Website is governed by this Terms and Conditions document. Please read this document carefully to ensure you understand. You may close the Website immediately if you do not accept the terms set out in this document. By opening and progressing on the Website, you are deemed to have read and accepted this Terms and Conditions document.
1.
Changes to Terms and Conditions
1.1
We may change this Terms and Conditions document at any time by posting the revised version in the "Disclaimer" section of the Website. The revised Terms and Conditions is effective immediately when posted on the Website.
1.2
It is the responsibility of each user of the Website to review the Terms and Conditions periodically to learn of any revisions. Your continued use of the Website after the effectiveness of such revisions will constitute your acknowledgment and acceptance of the Terms and Conditions document.
2.
General Terms
2.1
The Company provides an online platform for merchants to promote and market their services or products for users and members of the Website. The Company does not involve in any transaction between the users of the Website and the merchants.
2.2
The Company is committed to protect the privacy of the users of the Websites. The Company uses the information of the users according to the terms as described in the Privacy Policy.
3.
Conduct of the Website users
As a condition of your access or use of this Website, you must not:
3.1
Trespass, break into, access, use or attempt to trespass, break into, access or use any parts of the Website servers, and/or any data areas for which you have not been authorized by us; or
3.2
Restrict or inhabit any other users from using and enjoying the Website; or
3.3
Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, harmful, hateful, offensive, or otherwise objectionable or unreasonable information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law; or
3.4
Post or transmit any information or software which contains any virus, trojan horse, worm or other harmful component or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of this Website or any computer software or hardware; or
3.5
Without prior approval from the Company or the Website, post, publish, transmit, reproduce, distribute or in any way exploit any information obtained through this Website for commercial purposes; or
3.6
Upload, post, publish, transmit, reproduce, or distribute in any way, information obtained through this Website which is protected by copyright, or other proprietary rights, or create derivative works with respect thereto, without the prior written permission of the copyright owner or otherwise infringe any patent, trademark, trade secret or other intellectual property rights or other rights of third parties; or
3.7.
Stalk or otherwise harass or violate the legal rights of others.
You have no rights in or to the information available on this Website and you will not use the information available on this Website in any manner or for any purpose, except as permitted by laws or under these Terms and Conditions.
4.
Prohibition of Access
4.1
The Company reserve the rights at all times to prohibit, deny or suspend individual's access to this Website or any part thereof immediately and without notice, where we consider it unacceptable or we are of the opinion that you have breached any of the terms contained in the Terms and Conditions or that such prohibition or denial is appropriate, desirable or necessary in our sole discretion.
4.2
The limitation of liability contained in these Terms and Conditions will apply to the fullest extent permitted by applicable laws. In jurisdictions which do not allow the exclusion or limitation of certain types of liability, our liability will be limited to the maximum extent permitted by law.
4.3
We do not endorse, warrant or guarantee any information, material, product or service referred to in the linked websites. We are not and will not be a party to any transaction between you and any third party.
5.
Materials provided by merchants
5.1
The Website reserves the right to edit any advertisement or promotional materials provided by merchants as it sees appropriate. Merchant shall agrees and consents that the Company or the Website may use his/her personal data for purposes relating to the provision of services offered by the Website and marketing services and special events of the Website.
5.2
By posting the advertising/promotional materials on the Website, the merchant unconditionally grants the Website a non-exclusive, worldwide, irrevocable, royalty-free right to exercise the copyright, publicity and database rights the merchant has in the content in order that the Website can host, display, promote, copy, download, forward, distribute, reproduce and re-use the content in any form.
6.
Intellectual Property Rights
The text, images, layout, database, graphics, pictures, sounds or audio formats, software, brands and all other materials on the Website are the intellectual properties of the Company or the related Merchant which are protected by copyright and trademark laws and may not be downloaded or otherwise duplicated without the express written permission of the Company. Re-use of any of the foregoing is strictly prohibited.
7.
Indemnity
Users of the Website shall acknowledge and agree that we shall be free to copy, disclose, distribute or otherwise use any material, including without limitation, any ideas, suggestions, submissions, information or other communications transmitted or posted to this Website by users for any purposes as we deem fit without liability or compensation to any person or entity.
8.
Limitation of the Website service
The Website shall have the right to limit the use of our service, including the period of time that contents will be posted on the Website, the size of the contents, email messages, number of photo or any other contents which sent to the Website. The Website reserves the right, in its sole discretion, to modify or remove any contents or materials posted on the Website, for any reason, without giving any prior notice or reason to users. Users acknowledge that the Website shall not be liable to any party for any modification, suspension or discontinuance of the Service.
9.
Privacy Policy
For information about our privacy policy, please refer to our Privacy Policy under the "Disclaimer" section of the Website.
10.
Feedback
If you have any question, request or comment in connection with this Website, please send us by e-mail to:contactus@GoUpMall.com.
11.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the law of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). Both users and the Company shall submit to the exclusive jurisdiction of the courts of Hong Kong.



Terms of Business (for Advertisers)

1.
All advertisements are placed and all orders are accepted subject to the terms and conditions as hereinafter set out provided that GoUpMall.com expressly reserves its right to amend, vary, replace or cancel any of such terms and conditions without prior notice to the advertiser and the advertiser is deemed to have express knowledge of and be bound by such terms and conditions. No terms sought to be applied by the advertiser to any order for advertising shall be binding upon the Company.
2.
The Company reserves the right to reject, decline or refuse to publish in whole or in part or to amend any advertisement with or without notice to the advertiser where in its sole opinion it considers necessary or desirable, and the Company shall not in any way be liable for any loss or damage arising as a result of non-publication or amendment as aforesaid (nor shall any refund of or deduction from the costs of the advertisement or any other compensation be granted by the Company to the advertiser in the event of such non-publication or amendment). The Company accepts no liability whatsoever for any omission or inaccuracy in any published advertisement whether or not a proof has been supplied and whether or not such omission or inaccuracy or failure is attributable to the neglect or default of the Company, its employees, agents and contractors.
3.
The Company shall have the absolute right at any time to determine, adjust or vary the rate of charges and classification applicable to all advertisements placed. Published rates and charges and those set out on any order form or acknowledgement may be varied by the Company at any time without notice prior to invoicing. Quotations given by the Company shall not in any way be binding on the Company.
4.
Acceptance of an advertisement for publication does not constitute a binding commitment or any representation or warranty on the Companys part to publish the same either at all or on any specified date or dates. The Company shall not be liable for any loss, costs or expenses incurred by non-publication (including any cause beyond the control of the Company).
5.
The Company shall use reasonable endeavors to accept orders if they are received at the location and by the time specified by the Company from time to time for that type of advertisement. All advertisement copy and artwork must be received by the latest receipt time specified by the Company which may be varied by the Company without notice and the Company shall have the right to refuse to accept any orders or to decline or refuse to publish any orders if the advertisement copy and artwork of such orders shall not have been received by the Company by the latest receipt time as aforesaid and the Company shall in no event be liable for any loss or damage arising as a result of non publication hereunder.
6.
Advertisements of certain sizes and shapes only are normally accepted but advertisements of other sizes and shapes may be accepted subject to special terms.
7.
Since GoUpMall.com (thereinafter referred to as the "Website") is operated as a search engine for upper floor shops, the Company shall not be under any liability whatsoever if competitive advertising occurs on the same webpage.
8.
Cancellations or changes will not be accepted once the subscription is confirmed by the advertiser.
9.
The submission of an advertisement constitutes a warranty by the advertiser to the Company that it has all necessary authorities and permissions for the insertion thereof and that the advertisement or any part thereof or the publication of the advertisement does not in any way infringe any copyright or any other intellectual property rights or contravene, violate or constitute a breach of any laws of Hong Kong or any restrictions or prohibitions imposed by the relevant Government authorities or otherwise and the advertiser shall indemnify the Company in respect of any breach of this clause in accordance with the provisions of Clause 9 hereof.
10.
The submission of an advertisement constitutes a warranty by the advertiser to the Company that it has all necessary authorities and permissions for the insertion thereof and that the advertisement or any part thereof or the publication of the advertisement does not in any way infringe any copyright or any other intellectual property rights or contravene, violate or constitute a breach of any laws of Hong Kong or any restrictions or prohibitions imposed by the relevant Government authorities or otherwise and the advertiser shall indemnify the Company in respect of any breach of this clause in accordance with the provisions of Clause 9 hereof.