WOPOP General Terms of Services
By using Wopop's Website (as defined below) and the Services (as defined below),
you understand, accept and agree to be bound by the following terms and conditions
("Terms and Conditions") unconditionally:
1. Definitions and Interpretations
1.1 In these Terms and Conditions, unless otherwise expressed or required by the
context, the following expressions shall have the respective meanings as set out
below:
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Expression
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Meaning
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"HKSAR"
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means the Hong Kong Special Administrative Region, the People's Republic of China
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"Intellectual Property Rights"
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means patents, trade marks, design rights, applications for any of the foregoing,
copyright, database rights, rights in know-how, trade or business names and other
similar rights or obligations, in each case whether registrable or not in any country;
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"Member"
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means any person who has registered as member on Wopop's Website
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"Services"
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means the services offered by Wopop (including Wopop's Website as well as any other
related websites), toolbars, widgets and any other features, contents, services
or applications offered, from time to time, by Wopop or by other third party paid
service providers
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"Website"
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means the website which you have registered to utilize the Services on Wopop's Website
to build
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"Wopop", "us","we" or "our"
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means Wopop International Limited, a limited liability company incorporated under
the laws of HKSAR
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"Wopop's Website"
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means the website at www.Wopop.com
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1.2 The headings to these Terms and Conditions are for ease of reference only and
shall be ignored in interpreting these Terms and Conditions.
1.3 References to Clauses are references to Clauses of these Terms and Conditions
1.4 Unless the context otherwise requires, words, expressions in the singular include
the plural and vice versa, and words denoting any gender shall include all genders
and vice versa.
1.5 Unless the context otherwise requires, reference to a person include any public
body and any body of persons, corporate or unincorporate.
2. General Terms
2.1 Wopop in its sole and absolute discretion may change or modify these Terms and
Conditions at any time without notice. You may visit Wopop's Website to refer to
the latest version of these Terms and Conditions.
2.2 By using the Services, you represent and warrant that:
(a) you are over 18 years of age and) you are fully able and competent to enter
into these Terms and Conditions;
(b) all registration information you submit is truthful and accurate;
(c) you will maintain the accuracy of such information submitted;
(d) your use of the Services does not violate any applicable law or regulation;and
(e) (if applicable) any goods you sell through the Website are real, authentic and
legal.
2.3 By applying to register a domain name, or by asking us to maintain or renew
a domain name registration, you specifically represent and warrant that:
(a) all the information provided by you in connection with your domain name registration
is true, accurate and complete in all respects;
(b) the registration of the domain name will not infringe upon or otherwise violate
the rights of any third party;
(c) you are not registering the domain name for an unlawful purpose;and
(d) you will not knowingly use the domain name in violation of any applicable laws
or regulations and you shall be solely liable for determining whether your domain
name registration infringes upon or otherwise violates the rights of any third party.
2.4 You shall not distribute on the Website any material or other information, or
in any manner, that:
(a) infringes any Intellectual Property Rights;
(b) is in breach of any law, statute, or regulation;
(c) is defamatory, libelous, unlawfully threatening;
(d) is obscene, pornographic or indecent; or
(e) contains any viruses or other computer programs intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any personal information.
2.5 You shall not commit any act or omission which may, at the sole and absolute
discretion of Wopop, impair the image, goodwill and any other rights, interests
and benefits of Wopop.
2.6 You undertake that you shall fully indemnify, defend and hold Wopop, its affiliates
or partners, agents, directors and employees harmless from and against any action,
liability, costs, claim, loss, damage, proceeding or expense of whatsoever nature
(including but not limited to legal fees, costs and expenses on a full indemnity
basis) directly or indirectly arising from or related to:
(a) your access to and/or use of Wopop's Website and/or any other person or entity's
use of the Services or Wopop's Website where such person or entity was authorized
by you to access and/or use Wopop's Website;
(b) any negligent act or omission, or breach or non-observance of any clause in
these Terms and Conditions by you or by any other person or entity where such person
or entity authorized by you to use Wopop's Website; or
(c) any materials you submit, post to, or transmit through Wopop's Website.
3.Creating Your Website and Domain Name Registration
3.1 You must first register as a Member at Wopop's Website before using the Services.
3.2 When you register as a Member of Wopop's Website, you will be asked to choose
a password for your Member's account. You shall be are fully responsible for maintaining
the confidentiality and security of your password and for all activities involved
under your Member's account. You agree to:-
(a) logoff your Member's account every time after you have finished using the Services
of Wopop's Website;
(b) notify us immediately of any unauthorized use of your password or account or
any breach of security; and
(c) bear the risks of your password and account being used by unauthorized persons
or for unauthorized purposes.
3.3 Once you have registered as a Member, you must login as Member to start creating
a Website.
3.4 You may choose between two main types of Website creating services, namely free
Website creating services ("Free Services") or paid Website creating services ("Paid
Services").
3.5 In addition to the paid Website creating services, you may also purchase other
paid services which may be provided as a one-time transaction or recurring subscription
as additional services ("Other Paid Services"). Such Other Paid Services may be
provided solely by us or in collaboration with other third party service providers,
affiliates or business partners. We accept no liability whatsoever with respect
to any goods or services which you have purchased from a third party provider.
3.6 All packages of Free Services or Paid Services include a second-level domain
of your choice (eg. "abc".Wopop.com) without any additional charge on your part.
Notwithstanding the foregoing, Wopop shall have the sole and absolute discretion
not to accept the second-level domain chosen by you. Your rights under this Clause
3.6 shall be limited, non-exclusive, non-sublicensable, non-transferable, and may
be revoked by Wopop in its sole and absolute discretion. You shall be solely liable
for any activity that occurs under your Website second-level domain and in your
Member's account.
3.7 At any time, you may purchase your own custom top-level domain name (eg. "abc".com)
from Wopop. Please refer to Price list of domain name for the relevant fees scehdule.
3.8 Alternatively, you may also choose to have your own existing domain name transferred
to Wopop's Website from another registrar (applicable to both Free Services and
Paid Services).
4. Payment of Fees
4.1 In consideration of the provision of the Paid Services by Wopop or the Other
Paid Services by Wopop and/or other third party providers, you agree to pay us the
applicable service fee with one of the acceptable payment methods (including cash,
cheque, credit card, bank credit transfer and PayPal) in a timely manner as determined
by Wopop at its sole and absolute discretion.
4.2 You acknowledge and agree that all fees quoted on Wopop's Website are exclusive
of any taxes imposed on you and that you shall be solely liable for any taxes that
may be applicable to your use of the Services.
4.3 All fees are quoted in Hong Kong Dollars or United States Dollars.
5. Money- Back Guarantee
5.1 All fees paid for wopop website builder，domain，email products are non-refundable, in whole or in part.
6 Disclaimer and Limitation of Liability
6.1 You specifically acknowledge, accept and agree that your use of Wopop's Website
and the Services shall be at your own risk and that Wopop's Website and the Services
are provided on an "as is" basis.
6.2 Wopop and its successors, affiliates, contractors, employees, suppliers, licensors,
partners and agents expressly disclaim all representations, warranties or conditions
of any kind (whether express or implied), including but not limited to the implied
warranties or conditions of merchantability, fitness for purpose, title and non-infringement.
6.3 Wopop makes no representation or warranty of any kind (whether express, implied
or statutory) regarding the completeness or accuracy regarding Wopop's Website or
the materials and information contained or referred to on each page associated with
Wopop's Website and assume no responsibility for any errors or omissions of any
kind in the content of Wopop's Website. We reserve the right to amend or supplement
the information supplied on Wopop's Website at any time without prior notice.
6.4 Wopop does not monitor, and will have no liability whatsoever for the contents
of and any communications transmitted by virtue of the Services.
6.5 You specifically acknowledge, accept and agree that Wopop shall accept no liability
whatsoever for any loss or damage (whether special, incidental or consequential
loss or damage, including but not limited to any loss, damage or expense resulting
from the following reasons) arising directly or indirectly from your access to or
use of Wopop's Website:
(a) any defect, error, imperfection or inaccuracy with Wopop's Website, its contents
or associated services;
(b) any unavailability of any part of Wopop's Website or associated services;
(c) any delay or interruption in access, operation or transmission, computer virus,
trojan horse, worm, software bomb, any hackers' illegal act, communication line
failure, software or hardware data, or interception of on-line communication;
(d) any acts of God (such as natural disaster);
(e) any data non-delivery, mis-delivery, destruction or other modification;
(f) unauthorized use or misuse of your Member's account or password;
(g) any acts or omissions of third party providers; or
(h) any other events beyond our control.
6.6 With respect to the Services of domain name registration, you specifically acknowledge,
accept and agree that:
(a) Wopop cannot and will not be under any obligation whatsoever to check to see
whether the domain name or second-level domain you select, or the use you make of
the same, infringes any legal rights of others. If we are sued or threatened with
lawsuit in connection with your domain name, you shall hold us harmless and indemnify
us in full;
(b) the registration of your chosen domain name does not confer immunity from objection
to either the registration or use of such domain name;
(c) Wopop does not guarantee the security of your domain name registration records,
and you shall assume all risks that the password of your Member's account may be
compromised as a result of fraudulent, unauthorized or illegal activity;
(d) we shall be entitled to suspend, cancel or transfer your domain name registration
services in order to: (i) correct mistakes made by us, another registrar or the
registry in registering your chosen domain name, (ii) to resolve a domain name dispute,
or (iii) to remedy an unauthorized change in the domain name account;
(e) your rights to any domain name registered or renewed by Wopop on your behalf
or otherwise used in conjunction with the Services are not granted by Wopop but
are subject to the rules and regulations of the Internet Corporation for Assigned
Names and Numbers ("ICANN") and the related registry and the applicable laws. As
such, in addition to these Terms and Conditions, you agree to also abide by any
and all terms and conditions promulgated by ICANN, as amended from time to time,
which are hereby incorporated and made a part of these Terms and Conditions by reference,
for all domain name registrations or renewals, including but not limited to, the
Uniform Domain Name Dispute Resolution Policy ("UDRP") as well as any policy that
ICANN has established or may establish with respect to the relevant domain names
and/or WHOIS information (Please refer to http://www.icann.org/en/dndr/udrp/policy.htm
for the latest version of the UDRP);
(f) we make no guarantees, representations or warranties that your proposed registration
request for a domain name will be accepted by the applicable registry. The proposed
registration request for a domain name submitted by Wopop to any registry may fail
or be rejected by the applicable registry for any reasons (including but not limited
to the fact that your proposed registration request for a domain name was not the
first in time), and Wopop shall not accept any liability whatsoever for such failure;
and
(g) you use Wopop's domain name registration service at your own risk. Wopop shall
not accept any liability whatsoever for any risks regarding the system, processing
and/or the stability of the internet (including but not limited to the event (i)
where you have completed the registration process but your domain name is not successfully
registered, or (iii) when you purchase or renew your domain name registration, there
is a procedural error in relation to your payment while our system incorrectly shows
that your purchase or renewal has been successful).
6.7 You specifically agree and accept that in no event shall Wopop be liable to
you under these Terms and Conditions in excess of the total amount paid by you to
Wopop for the Services (that are the subject of any claim).
6.8 The foregoing disclaimer and limitation of liability shall apply to the fullest
extent permitted by law, and shall survive any termination or expiration of these
Terms and Conditions or your use of the Wopop's Website or the Services found at
Wopop's Website.
7. Term and Termination
7.1 Wopop in its sole and absolute discretion may terminate, disable or deactivate
your Member's account and/or shut down your Website at any time without warning
or notice, including but not limited to in the event that:-
(a) we suspect you have breached any clause in these Terms and Conditions;
(b) you have failed to perform any of your obligations under these Terms and Conditions;
(c) you have passed a resolution for winding up or a court of competent jurisdiction
has made an order of your winding up;
(d) an administrative order in relation to you has been made, or a receiver has
taken possession of or sold an asset of you;
(e) you have made an arrangement with your creditors generally or made an application
to a court of competent jurisdiction for protection from claims of your creditors
generally; or
(f) your Member's account remains inactive for more than 90 days.
7.2 Termination of these Terms and Conditions for whatever reason shall not affect:
(a) the accrued rights of Wopop and liabilities of you arising in any way out of
these Terms and Conditions as at the date of termination, and in particular but
not limited to the right to recover damages against you; or
(b) provisions expressed to survive termination of these Terms and Conditions, which
shall remain in full force and effect.
7.3 You acknowledge and agree that you shall contact Wopop to arrange for renewal
within 30 days after the expiration of the term of your domain name registration
or the Services, failing which Wopop in its sole and absolute discretion may delete
all the contents or data in your Member's account without any prior notification.
7.4 You acknowledge and agree that if you elect to terminate the Services, all the
data in relation to the Services will be deleted immediately and cannot be retrieved.
Wopop will not keep back-up copies of such data and shall not accept any liability
whatsoever regarding such deletion or data loss.
8. Assignment
8.1 You acknowledge, accept and agree that Wopop may assign or transfer any right
and/or obligation under these Terms and Conditions to any third party without your
prior written consent.
8.2 You shall not assign or transfer any right and/or obligation under these Terms
and Conditions to any third party without the prior written consent of Wopop.
9. No Waiver
9.1 No failure or delay on the part of Wopop in exercising any right, power or privilege
under these Terms and Conditions shall operate as a waiver by Wopop of such right,
power or privilege.
9.2 No breach of any clause in these Terms and Conditions on your part shall be
waived or discharged except with the express written consent of Wopop.
10. Invalidity and Severability
10.1 If any provision of these Terms and Conditions is or becomes invalid, illegal
or unenforceable in any respect under the law of any jurisdiction, whether or not
pursuant to any judgment or otherwise, (i) the validity, legality and enforceability
of the remaining provisions under the law of that jurisdiction and (ii) the validity,
legality and enforceability of that provision and the remaining provisions under
any other jurisdiction shall not be affected or impaired in any way.
10.2 If any provision of these Terms and Conditions is held to be void or declared
illegal, invalid or unenforceable for any reason whatsoever, that provision shall
be divisible from these Terms and Conditions and shall be deemed to be deleted from
these Terms and Conditions, and the validity of the remaining provisions shall not
be affected.
11. Governing Law and Jurisdiction
11.1 These Terms and Conditions shall be governed by and construed in accordance
with the laws of HKSAR.
11.2 You irrevocably submit to the non-exclusive jurisdiction of the courts of HKSAR
for the purpose of hearing and determining any actions, proceedings and/or settling
any disputes arising out of or in connection with these Terms and Conditions. You
irrevocably waives any objection to any proceedings in any such courts on the basis
of forum non-conveniens. You agree that a judgment in any proceedings brought in
any such courts may be enforced in any other jurisdiction by suit on the judgment
or in any other manner permitted by law.
11.3 Your submissions under Clause 11.2 are non-exclusive and Wopop reserves the
right to proceed in any other jurisdiction having or claiming or accepting jurisdiction
in respect thereto.
11.4 In the event of any discrepancy between the English and Chinese versions of
these Terms and Conditions, the English version shall prevail.