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Welcome to Goxip. Goxip is brought to you by Modyroad LTD (referred to in these Terms as "we", "us", "our", and "Goxip"). We are a company incorporated in Hong Kong, with a registered office at 27/F, The Hennessy, 256 Hennessy Rd, Wan Chai, Hong Kong Island, Hong Kong.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND GOXIP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Reporting Copyright and Other IP Violations
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, GOXIP CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER GOXIP NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "GOXIP PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE GOXIP CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO GOXIP OR VIA THE SERVICE. IN ADDITION, THE GOXIP PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE GOXIP PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE GOXIP PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE GOXIP CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE GOXIP PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE GOXIP PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE GOXIP PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE GOXIP PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GOXIP'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE GOXIP PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE GOXIP PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
GOXIP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Goxip can require the other to participate in an arbitration proceeding. To opt out, you must notify Goxip in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Goxip, 27/F, The Hennessy, 256 Hennessy Rd, Wan Chai, Hong Kong Island, Hong Kong
You must include your name and residence address, the email address you use for your Goxip account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Goxip.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Goxip must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Goxip to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Goxip provides.
Modyroad Limited, (“Goxip”) offers, amongst other things, rebates and gift cards to Goxip account holders for purchases made at Goxip’s merchants and partners through Goxip’s website. The use of the Goxip Circle services (the “Services”) offered on Goxip Platform and accounts maintained with Goxip shall be subject to these terms and conditions (the “Agreement”). This Agreement constitutes a legally binding agreement between each individual who uses the Services or who maintains an account with Goxip. By using any of the Services or maintaining an account with Goxip, you acknowledge that you have read and understood this Agreement and agree to be bound by all of its terms. Goxip may modify this Agreement from time to time, with or without notice, and your continued use of any of the Services or continued maintenance of an account with Goxip shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.
Service License Subject to this Agreement, Goxip hereby grants you a revocable, non-exclusive, non-transferable license (without the right to sublicense) to access and use Goxip Platform and the Services solely for your personal use. You agree that you obtain no rights other than the rights and licenses expressly granted under this Agreement. Goxip reserves the right to change, upgrade or discontinue any or all of the Services or Goxip Platform or any feature of the Services or Goxip Platform, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by Goxip and its licensors.
Services Eligibility To be able to benefit to the Services user is required to both maintain an account with Goxip and opt in the Service. A user may create an account free of charge by providing the relevant details requested for. A user may opt in the Services after viewing and accepting the overall Services’ conditions on Goxip website. A user who opts out may opt in later at any time. An individual shall not create or have control and/or custody over multiple Goxip accounts.
Eligibility to Earn Points after user opts in the Services he will earn points on purchases made directly on Goxip platform or at our various merchant partners through Goxip Platform. Points are earned on net purchase amount excluding shipping and handling. Crediting of points at our various merchant partners is subject to terms, conditions and requirements, including but not limited to:- (a) Requiring the user to have cookies enabled throughout when accessing Goxip Platform and subsequently the merchant partner’s website; (b) Not opening a separate tab or browser while accessing Goxip Platform and subsequently the merchant partner’s website; (c) Ensuring that after being redirected to the merchant partner’s website, the user completes the transaction before proceeding to any other website; (d) Completing the purchase on the merchant’s website within a given period of time; (e) Not engaging in any fraudulent or dishonest conduct and/or abiding by the terms of this Agreement or any other terms and conditions stipulated by Goxip or the applicable merchant partner.
Earning Points User may have different level of privileges according to the tier he or she belongs to. Within the current tiering structure a user may be:- (a) Ruby user, which implies earning 1 point every 1 HKD value purchased on Goxip website or on any merchant partner. This is the lowest level of privilege currently available; (b) Sapphire user, which implies earning 1.5 points every 1 HKD value purchased on Goxip website or on any merchant partner. User will reach Sapphire level after earning 50000 points; (c) Diamond user, which implies earning 2.5 points every 1 HKD value purchased on Goxip website or on any merchant partner. User will reach Diamond level after earning 120000 points. In specific circumstances and according to specific agreements with Goxip merchants, user may earn less points as compared to the scheme above. Goxip reserves the right to change the tiering scheme at any time and without notice.
Earning Points timeline User will be entitled to earn points after 14-90 days starting from the order confirmation date. Order confirmation date depends on our merchants partner policies and typically occurs 1-7 days after purchase date.
Redeeming Points A user may redeem points accredited at any time subject to the terms and conditions of this Agreement. A user may redeem a value of 1HK$ for every 100 points previously accredited in the account. A user may redeem points in two manners:- (a) Instant rebate. User may get instant rebate on any purchase made within Goxip website but not on an external merchant partners websites. User will be able to view the rebate amount at the check-out page confirmation, before proceeding for payment. (b) Gift Card redemption. User may redeem points via Gift card store credit vouchers from selected merchant partners websites.
Reporting missing points accrual User is responsible for regularly checking the Goxip Circle account to ensure points has been properly credited and that the account balance is up to date. A user must notify Goxip of any omissions, incorrect entries or discrepancies concerning any transaction within 30 days after that transaction. Goxip reserves the right not to correct any omissions, incorrect entries or discrepancies brought to its attention after the 30-day period.
Merchant Partner Policies Any products or services purchased from any merchant partner, whether through Goxip or otherwise, is governed by and subject to the applicable merchant partner’s policies and terms and conditions, including but not limited to the applicable return, cancelation, exchange, and shipping policies. You agree that we are not agents of any merchant partner and that the merchant partner operates independently and not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any merchant partner is solely between you and that merchant partner. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. Goxip is not responsible for changes to, or discontinuance of any merchant partner from any of Goxip’s platform or the termination of any promotion offered by any merchant partner on any of Goxip’s platform, or for any effect on accrual of rebates caused by such changes, discontinuance, or withdrawal. Goxip assumes no responsibility and shall not be liable for any content, product and/or services on the merchant’s platform (including but not limited to the quality, merchantability or fitness of such products or services or that such content, product and/or services does not breach any laws or regulations).
Top-ups and Deductions Goxip reserves the right from time to make top-ups and deductions from the balance in a user’s account where it is necessary, reasonable, or expedient to do so. This includes (but is not limited to) situations where rebates has been incorrectly credited into a user’s account and/or where a user is found to have acted fraudulently, dishonestly, or in contravention of the terms of this Agreement.
Nature of Points For the avoidance of doubt, you do not gain any proprietary right over any monies or assets held by Goxip when you earn points in your account. The points accrued in your account does not constitute monies held on trust by Goxip for your benefit. Your rights and entitlements are solely limited to such personal or contractual rights of rebates as may arise out of this Agreement.
Points expiration The points accumulated in your Goxip account shall expire in one year time from the date they were accredited.
Fraud Goxip may suspend or terminate your account if it has reason to believe are involved in any fraudulent or dishonest activities. Any failure to comply with this Agreement, any fraud, dishonesty or abuse relating to the use of the services or your account, or any misrepresentation of any information furnished to Goxip or its affiliates by you or anyone acting on your behalf may result in the termination of your account and forfeiture of your accrued rebates rewards.
Third Party Rights A person who is not party to this Agreement has no rights to enforce any terms of this Agreement.
Communications By becoming a Goxip user, you agree to receive communications that are account and user related (e.g. that we’ve added points to your account) as well as periodic shopping related e-mails that highlight coupons or special deals available to Goxip users. We may communicate with you regarding your account by electronic communications or direct mail using information you provide during the registration process. Your consent to receive electronic communications include any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us appraised of your current e-mail address should the same change subsequent to the date you become a Member. We may also send you push notifications if you install the mobile application.
Ownership All rights, title, and interest in the Services, Goxip Platform and the Content associated with or on the same belong to Goxip or its licensors. Additionally, Goxip shall maintain all rights, title, and interest in “GOXIP” and any other marks, service marks, trademarks, or logos of Goxip (the “Goxip Marks”) that are registered in Hong Kong and other countries. Goxip Marks may not be used in connection with any non-Goxip product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Goxip. You shall not by any means bid on, apply for, register, own or control any keywords or marks containing “GOXIP” or anything substantially similar to “GOXIP” or any other Goxip Mark including, without limitation, Goxip.com and Goxip.co.th with any search engine, domain service provider or any intellectual property office whatsoever. You shall not mention or use Goxip in any ad text, extension, or banner ad without express written consent of Goxip. All other trademarks not owned by Goxip that are used in providing the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Goxip.
Community Standards By creating a Goxip account, you are becoming a member of a community that depends on the goodwill and responsible behaviour of each of our users. Users are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Services, Goxip Platform, our employees, contractors or agents, our merchant partners, or other users. This includes communications by means of social media or other internet posts which violate the above community standards or promote or encourage gaming or fraudulent behaviour. Users who violate this provision, as determined by us in our absolute discretion, may have the accounts suspended or terminated without prior notice.
Indemnification You agree to indemnify Goxip, any merchant partners, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defence and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defence and settlement of any matter subject to indemnification by you.
Warranty Disclaimer The Services, content, and Goxip Platform are provided “as is” and without warranty of any kind, express or implied, including without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement. We make no warranty as to the quality, accuracy, correctness, completeness, reliability or validity of the Services, content or Goxip Platform, including without limitation, any product search results, product descriptions, product availability, pricing information advice, opinion, statement, recommendations, or other information displayed, uploaded or distributed in connection with the Services. Goxip does not warrant that the functionality of Goxip Platform will be uninterrupted or error-free, that defects will be corrected, or that they will be free of viruses or other harmful content. Further, Goxip does not warrant, guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any products or services offered or provided by its affiliate stores in conjunction with the services.
Limitation of Liability To the maximum extent permitted by applicable law, in no event shall Goxip be liable for any special, incidental, consequential, exemplary, punitive or other indirect damages or for any loss profits, loss data or loss of use damages, even if it has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, Goxip’s maximum aggregate liability arising out of this agreement will not exceed HK$200.
Governing Law and Arbitration This Agreement, including any amendments thereto that Goxip may from time to time make at its discretion, are governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People's Republic of China. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the Arbitration Rules of the Hong Kong International Arbitration Centre ("HKIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Hong Kong. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. You agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
Assignment You may not assign your rights and obligations under this Agreement, in whole or in part, without prior written consent, and any such assignment without such consent will be null and void.
Headings Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.
Waivers / Severability Any failure to enforce any provision of this Agreement on the part of Goxip will not be deemed a waiver of that provision. Any waiver of any provision of this Agreement by Goxip on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.
Entire Agreement This Agreement (together with the additional terms and conditions referred hereto or generally) represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements and representations, written or oral (including without limitation, earlier version of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your continued use of any of Goxip services or continued maintenance of an account with Goxip shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.
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