TERMS

This Agreement was last revised on Sept 30th, 2014

Welcome to www.POPWEUP.com, the website and online service of POPmart Company Limited. ("POPmart," "we," or "us"). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with www.popweup.com (collectively the "Service"). By accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms of Use (the "Agreement"), whether or not you are a registered user of our Service.

We reserve the right to amend this Agreement at any time by notifying you as provided in the “Notifications” section of this Agreement, provided that no notice shall be required or given for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change takes effect constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, your only remedy shall be to not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").

 

Order, Pre-Order, Payment & Exchange

Order

1.       Order contents (such as size, color, or quantity) and the shipping address information cannot be changed once the order has been placed. Orders cannot be cancelled or changed in any way once they have been submitted.

2.       An order could not be delivered even though it was sent to the shipping address you specified, the Company will bear no responsibility. If you request re-shipped an order, the actual, full price of the whole costs, will pay by the user.

3.       Even when item was listed as being in stock, and was successfully added to the shopping cart, stock may no longer be available by the time your account has been settled, and purchase may not be possible.

4.       The contract between you and the Company is considered to be fulfilled when the Company ships items to you. The sending of an Order Confirmation email by the Company is for the purpose of confirming the contents of your application to enter into a contract with the Company, and does not mean that the Company has approved your application to enter into said contract.

5.       In the event that one or more items ordered as part of an order are out of stock, the equivalent cost of the out-of-stock items will be deducted from the settlement amount and the order will be shipped without prior notification. Additionally, even if the item comes into stock after the order has shipped, the Company is unable to ship the item as a supplement to your previous order. Please make a new order for the item.

6.       Free Standard Mail will generally send the user pays orders to Hong Kong under 2kg, or request to send by Courier, Registered Mail and item is over 1kg that pay by user. International Surface Mail will send orders to countries and regions other than Hong Kong that pay by user.

7.       Although the Company strives to ship your order within 3 days for Hong Kong Customer whereas 10 Days for overseas customer from the day it was placed, depending on the contents of the order, the condition of stocks, and the volume of orders, there may be instances where shipment of the order is delayed.

8.       We strongly suggest our product receiver open the post item(s) immediately in front of the postman or any authority personnel to avoid taking full responsibility of any damage of you product(s) ordered from us, you could choose to reject receive the post and ask the post company to bare the damage responsibility at the venue. In the unlikely event that your order arrives damaged, please email info@popweup.com with a photo image of the damage immediately, if possible. However, we do not bare any product damage due to the postal process or other reasons as we are already response to make sure and check our product(s) without any damage before we post to you.

9.       If you believe you received an item in error or a defective item, please contact info@popweup.com so that we can assist you. A photo image is helpful to speed up any claims. Make sure to keep all original packaging and please note that all exchanges must be shipped back within 5 days from receipt of delivery of merchandise.

10.     You should investigate the rules and regulations regarding importing into your country, including goods restricted for import, before placing an order. In the unlikely event that an ordered item is not allowed for import into your country or is subject to tax due to its high value, the Company cannot accept responsibility for the item. The Company cannot provide you any refunds or exchanges for the item or cost of delivery.

 

Pre-Order

1.       The delivery date show on our website is only an estimated shipping date. Delivery dates cannot be guarantee for pre-order items due to unforeseen delays by the designer/manufacturers; items may ship before or after the estimated shipping date. Pre-order items are sold on a first come first serve basis and may at times have limited quantities.

2.       The Company will accept cancellations on pre-order items, but for online credits only that can be used on future purchases within 3 months. If for some reason we cannot fill your order we may consider issue a full refund.

3.       Your credit card will be charged as your items are ordered. The total shipping charges for each shipment will be allocated proportionally to the cost of the items shipped. Please note that all pre-order items will ship via regular post for standard local (HONG KONG) free shipping. You may receive several shipments in order to complete the fulfillment of your order. You will receive a shipping confirmation email for all items as they are shipped.

Payment

1.     The Company accepts payment by CashPayPal, Visa, Cheque and bank transfer. For more details regarding payment, please contact directly your PayPal, or bank.

2.      Bank Transfer

Bank Account: POPMART COMPANY LIMITED

Hang Seng Bank Account: 264-522160-883

BOC Account: 012-601-1-017823-2

Please kindly keep the bank-in receipt and write the order number clearly, send to POPmart Customer Care team info@popweup.com for our record and action.

Cheque

Payable to “POPMART COMPANY LIMITED” , write the order number clearly at the back and post to POPmart office: Unit 03, 16/F, Block 1, Tak Fung Industrial Centre, 168 Texaco Road, Tsuen Wan, HK,(Attn: Manager of POPmart Customer Care Department).

3.      No cash refund applies in our website.

4.       Handling and shipping charges are set based on the total amount of ordered products and all charges include the courier postage and insurance fees, etc. All should be paid together with the total amount of the ordered products.

 

Exchange

1.       You have to inform the Company about exchanges within 5 days after the receipt of the item; otherwise, there is no excuse to exchange.  Please contact our Customer Service team at info@popweup.com for details.

2.       POPmart Customer Care team must receive and approve your exchange request. Once your request is received and approved, we will issue an exchange authorization email for you to confirm. IMPORTANT: Please note that any items exchange without an authorization email will not be processed.  Note: We will provide special exchange instructions for big size products and other items shipped via a delivery service.

3.       All kind of exchange items post fees within Hong Kong & international will pay by the user request to exchange.

4.       We aim to process all exchanges within 14 days. Should you have any questions about the status of your exchange or how to exchange an item, please contact our Customer Service team at info@popweup.com.

5.       Items marked Sale cannot be exchanged.

6.       All CLEARANCE items are sold as is. No exchanges will be issued.

7.       We are unable to accept exchanges of items that are not in their original packaging / has been used or worn once / have adjusted or cleaned / the tags of which you have removed / where the shape has been changed by the trial fitting / Custom-made merchandise.

8.       Exchanges Accepted Only for the following conditions: The item is different from what you ordered (wrong shipment), exchange size and color.

9.       If defective and damage item found at the moment of receive by user, POPmart has NO responsibility to bare all kind of defective or damage items. POPmart will charge all kind of maintenance fee and shipping fee from user.

10.   Maintenance might apply of our products due the stock of repair material and different designers wish, all maintenance are subject to charge by POPmart.

11.   All exchanges are subject to the discretion of POmart.

 

USE OF OUR SERVICE

ELIGIBILITY

You may use the Service only if you can form a binding contract with POPmart, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us at info@popweup.com. The Service is not available to any Users previously removed from the Service by POPmart. POPmart reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.

 

POPMART ACCOUNTS

You must create an account at www.popmart.com.hk in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify POPmart immediately of any breach of security or unauthorized use of your account. POPmart will not be liable for any losses caused by any unauthorized use of your account.

By providing POPmart your email address, you consent to our using that email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings at http://www.popmart.com.hk. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Please note that if you do not want to receive legal notices from us, including without limitation a notification that this Agreement has changed, those legal notices will still govern your use of the Service. We will post legal notices to the Service, and you are responsible for reviewing such legal notices for changes. Please see our Privacy Policy for more details.

 

SERVICE RULES

You agree not to engage in any of the following prohibited activities in connection with the Service: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the POPmart servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, POPmart grants the operators of public search engines revocable permission to use spiders to copy materials from www.popmart.com.hk for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, or (xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.

Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the POPmart Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to POPmart, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You are solely responsible for your interactions with other POPmart Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. POPmart shall have no liability for your interactions with other Users, or for any User's action or inaction.

 

USER CONTENT

Some areas of the Service allow Users to post content such as photos and profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service are referred to as "User Content").

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of or possess all rights to all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. POPmart reserves the right, but is not obligated, to reject and/or remove any User Content that POPmart believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with Intellectual Property Department of Hong Kong Special Administrative Region, or any other rights organization.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

·         You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

·         Your User Content and POPmart’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

·         POPmart may exercise the rights to your User Content that are granted to POPmart under this Agreement, without payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

·         All your content and other information that you provide to us is truthful and accurate.

POPmart takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that POPmart shall not be liable for any damages you incur or allege to incur as a result of User Content.

By posting any User Content on the Service, you hereby expressly grant, and you represent and warrant that you have a right to grant, to POPmart a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and POPmart 's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels; however, POPmart will only share your personally identifiable information in accordance with our then-current Privacy Policy. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

 

END USER LICENSE GRANT

POPMART SERVICE

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use, as permitted by the features of the Service. POPmart reserves all rights not expressly granted herein in the Service and the POPmart Content (as defined below). POPmart may terminate this license at any time for any reason or no reason.

OUR PROPRIETARY RIGHTS

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the " POPmart Content"), and all Intellectual Property Rights related thereto, are the exclusive property of POPmart and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the POPmart Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place POPmart under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, POPmart does not waive any rights to use similar or related ideas previously known to POPmart, or developed by its employees, or obtained from sources other than you.

 

POPWEUP.com FREE SHIPPING OFFERS

Orders to countries and regions other than Hong Kong will be sent by International Surface Mail and paid by the user.

Orders to Hong Kong will generally be sent by Regular Post for orders in total under 2KG or request to send by Courier and Registered Mail and paid by the user.

Free shipping offers NOT be used for international shipping nor for shipment of "non-standard" items. Additional terms and limitations may apply at the time of offer.

 

PAID SERVICES

BILLING POLICIES

Certain features of the Service may be provided for a fee or other charge. If you elect to use paid features of the Service, you agree to the pricing and payment terms for such paid features that we will provide to you and that we may update them from time to time. POPmart may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you. If you do not wish to pay the new or modified fees or charges, your sole remedy shall be to terminate your access to the applicable services.

 

PAYMENT METHODS

Payment

       1.       The Company accepts payment by Cash, PayPal, Visa, Cheque and bank transfer. For more details regarding payment, please contact directly your PayPal, or bank.

       2.       No cash refund applies in our website.

       3.       Handling and shipping charges are set based on the total amount of ordered products and all charges include the courier postage and insurance fees, etc. All should be paid together with the total amount of the ordered products.

 

RISK OF LOSS & STORAGE

All items purchased from POPmart are made pursuant to a shipment or collection contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

PAYMENT INFORMATION: TAXES

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

 

PRIVACY

We care about the privacy of our Users. Please go to our Privacy Page to view our Privacy Policy, which is incorporated herein by this reference. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in Hong Kong in accordance with our then-current Privacy Policy.

 

SECURITY

POPmart cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

COPYRIGHT NOTICE

Since POPmart respect artist and content owner rights. It is our policy to comply with the intellectual property department of HKSAR

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify POPmart send us an email. We will try our best to assist you. For your complaint to be valid under the intellectual property department of HKSAR, you must provide the sufficient information to the department, please refer to the link http://www.ipd.gov.hk/to understand more.

Once proper, bona fide infringement notification is received by the intellectual property DEPARTMENT OF HKSAR listed below, it is our policy:

  • To remove or disable access to the infringing material;
  • To notify the content provider, member or user that we have removed or disabled access to the material;
  • That repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to the Service.

If the content provider, member, or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the intellectual property department of HKSAR listed below:

  • A physical or electronic signature of the content provider, member or user;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared on the Service before such removal or disabling;
  • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
  • Content provider’s, member’s, or user’s name, address, telephone number, and, if available, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside Hong Kong, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

The above information must be prior notice with us before submitted to the intellectual property department of HKSAR:

UNDER HONG KONG LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying POPmart and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with POPmart 's rights and obligations under the intellectual property department of HKSAR, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the intellectual property department of HKSAR: and other applicable laws.

 

THIRD PARTY LINKS

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by POPmart. POPmart does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and POPmart 's Privacy Policy do not apply to your use of such sites. You expressly relieve POPmart from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that POPmart shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

 

INDEMNITY

You agree to defend, indemnify and hold harmless POPmart and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your username, password or other appropriate security code.

 

NO WARRANTY

THE SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE SERVICE (“PRODUCT”) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, POPMART, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

POPMART DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE POPMART SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND POPMART WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POPMART, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES WILL POPMART BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POPMART ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY PRODUCT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF POPMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from its facilities in Hong Kong. POPmart makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Hong Kong Law and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by Hong Kong or that has been designated by the Hong Kong Special Administrative Region of the People’s Republic of China as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the Hong Kong Special Administrative Region of the People’s Republic of China or otherwise listed on any Hong Kong Special Administrative Region of the People’s Republic of China list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Hong Kong.

 

ASSIGNMENT

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by POPmart without restriction.

 

GENERAL

GOVERNING LAW

You agree that the Service shall be deemed solely based in Hong Kong, China. This Agreement shall be governed by the Hong Kong Law, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and POPmart hereby expressly consent to the exclusive personal jurisdiction of the courts of HKSAR.

 

ARBITRATION

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in HKSAR, using the English language or Chinese language. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND POPMART ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Not with standing the foregoing, each party shall have the right to institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief. NOTIFICATION PROCEDURES

POPmart may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by POPmart in our sole discretion. POPmart reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement and our Privacy Policy. POPmart is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@popmart.com.hk to your email address book to help ensure you receive email notifications from us.

 

ENTIRE AGREEMENT / SEVERIBILITY

This Agreement, together with any amendments and any additional agreements you may enter into with POPmart in connection with the Service, shall constitute the entire agreement between you and POPmart concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

 

NO WAIVER

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and POPmart 's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

CONTACT US

If you have any questions regarding this Agreement, you can contact us at info@popweup.com

POPWEUP by POPmart Company Limited

www.POPWEUP.com