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Last updated: 18 November, 2009
Welcome to MobiMega.com, MobiMega provide website features to you subject to the following conditions. By visiting or shopping at MobiMega.com, you accept these conditions, as well as the other policies posted on the MobiMega.com. Please read them carefully.
By showing the products on the MobiMega.com website, MobiMega is making an offer only to those who are legally capable of accepting, and do accept, such offer in Hong Kong ("the Offer") to sell those product(s) on the terms and conditions set out below. If you place an order for products shown on the MobiMega.com website, your order will be deemed an acceptance in Hong Kong of the Offer pursuant to these Conditions of Use.
In these Conditions of Use, we refer to MobiMega as "MobiMega.com" and the MobiMega.com website as the "Site".
MobiMega.com grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site, or any portion of the Site, except with express written consent of MobiMega.com. MobiMega.com also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of MobiMega.com so long as the link does not portray MobiMega.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
The licenses set forth in these Conditions of Use do not include any rights to:
Each of the foregoing is expressly prohibited unless MobiMega.com's prior express written consent has been given. Any unauthorized use of the Site or any portion or derivative thereof shall terminate any license or permission granted by MobiMega.com.
You agree that MobiMega.com may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site and your "My Account" without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Conditions of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. YOU AGREE THAT MOBIMEGA.COM WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.
All content included on the Site, including text, graphics, logos, user interfaces, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MobiMega.com or its suppliers, licensors or content suppliers and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all content on the Site are the exclusive property of MobiMega.com and protected by applicable copyright laws. All software used on the Site is the property of MobiMega.com or its software suppliers and protected by applicable copyright laws.
Where allowed on the Site, users may submit reviews, comments, and other content. If you choose to submit such content, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content. You agree that any submissions submitted by you to the Site will be accurate and will not violate these Terms or Conditions or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no submission submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
MobiMega.com has the right but not the obligation to monitor and edit or remove any activity or content. However, MobiMega.com does not regularly review posted or submitted content, and is entitled to presume that all submitted content complies with these Conditions of Use. Users may report user reviews that do not comply with these Conditions of Use by using the "Report This" link next to such reviews.
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to MobiMega.com on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain MobiMega.com's property. Such disclosure, submission or offer of any submissions shall constitute an assignment to MobiMega.com of all worldwide right, title and interest in all copyrights and other intellectual properties therein. MobiMega.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. MobiMega.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any submissions for any purpose whatsoever, without restriction and without compensating you in any way. MobiMega.com is and shall be under no obligation (1) to maintain any submissions in confidence; (2) to pay to you or any person or entity any compensation for any submissions; or (3) to respond to any submissions. In addition, you grant MobiMega.com and its affiliates and licensees the right to use the name that you submit in connection with such submission, if MobiMega.com or any affiliate or sublicensee so chooses.
MobiMega.com takes no responsibility and assumes no liability for any content posted on the Site by users or other persons. Any opinions, advice, statements, services, offers or other information are those of the respective authors and not of MobiMega.com. It is the responsibility of users to evaluate the accuracy, completeness or and usefulness of any opinions, advice or other information posted by customers or other persons on the Site.
MobiMega.com will not assume any liability for any damage resulting from any infringement of copyrights or proprietary rights in any content submitted by users or other persons, or from any other harm arising from any such content.
MobiMega.com's product inventory available on the Site includes hundreds of products, and product listings are constantly being changed and updated. MobiMega.com's customers are located in various parts of the world. As a result, it is impossible for MobiMega.com to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law.
MOBIMEGA.COM MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE. IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION THE UNITED STATES OF AMERICA, AS A RESULT OF LOCAL CUSTOMS REGULATIONS AND LOCAL COPYRIGHT AND TRADEMARK RIGHTS.
BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED MOBIMEGA.COM TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE "IMPORTER" OF THE PRODUCT TO YOUR COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS AND COPYRIGHT AND TRADEMARK LAWS. YOU ACKNOWLEDGE AND AGREE THAT MOBIMEGA.COM'S ROLE IS LIMITED TO PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN HONG KONG AND FOR YOUR IMPORT TO YOUR COUNTRY. IN NO EVENT WILL MOBIMEGA.COM BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL IT BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN THE HONG KONG SPECIAL ADMINISTRATIVE REGION FOR THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES AND COPYRIGHT AND TRADEMARK LAWS.
By purchasing a product through the Site, customers outside of Hong Kong authorize MobiMega.com to make arrangements for clearance of customs on their behalf for the products they have ordered.
A variety of payment methods are offered on the Site for the convenience of customers. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.
If you pay by credit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Conditions of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT MOBIEMGA.COM, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify MobiMega.com of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If MobiMega.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MobiMega.com or its agents.
MobiMega.com also offers the option to pay by direct deposit to specified bank accounts of MobiMega.com. Please refer to "Customer Support - Payment - Direct Deposit" for more information regarding payment by direct deposit. Any fees payable in connection with direct deposit, including any fees payable by MobiMega.com's bank, must be paid by customers.
For customers in China, MobiMega.com offers the option to pay by Alipay. Please refer to "Customer Support - Payment - Alipay" for more information regarding payment by Alipay.
Unless expressly set forth on the Site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment.
Please refer to "Customer Support - Payment" for more information regarding MobiMega.com's policies and procedures relating to customer payments.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. MobiMega.com will automatically charge and withhold any applicable tax for orders to be delivered to any jurisdictions that it deems is required.
All transactions conducted by or with MobiMega.com, including sales of items shown on the Site, issuance of gift certificates and reward point for returned merchandise, are made in Hong Kong Dollars.
Payment made by credit card in a currency other than Hong Kong Dollars will be converted to Hong Kong Dollars at the exchange rate determined by your credit card issuer. Please consult your credit card issuer agreement for information regarding the determination of exchange rates by them. These exchange rates may include a "spread," or amount payable to the credit card issuer, which will result in the actual price paid being higher than the posted Hong Kong Dollar price.
The Site currently allows users the opportunity to choose a "Reference Currency." The Reference Currency function converts the Hong Kong Dollar prices shown on the Site to a currency selected by the user from those available on the Site. REFERENCE CURRENCY PRICES ARE COMPUTED AT THE APPROXIMATE EXCHANGE RATES AVAILABLE FROM TIME TO TIME FOR RETAIL TRANSACTIONS PURSUANT TO INFORMATION AVAILABLE TO MOBIMEGA.COM; HOWEVER, MOBIMEGA.COM IS NOT A BANK OR A CURRENCY DEALER, AND MAKES NO REPRESENTATION OR WARRANTY THAT PRICES SHOWN ON THE SITE IN A REFERENCE CURRENCY REPRESENT ACTUAL PRICES PAYABLE BY CUSTOMERS IN SUCH REFERENCE CURRENCY. REFERENCE CURRENCY PRICES ARE FOR CONVENIENCE OF REFERENCE ONLY, AND REFERENCE CURRENCY EXCHANGE RATES MAY BE UPDATED BY MOBIMEGA.COM ONLY PERIODICALLY. ACTUAL CONVERSION RATES FOR PURCHASES WILL BE COMPUTED AS PROVIDED ABOVE.
NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.
MobiMega.com does not provide cash refunds to customers. However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than Hong Kong Dollars and such refund was made through the customer's credit card, then the credit card issuer would determine the applicable exchange rate at such time as provided above.
In no event will MobiMega.com be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.
MobiMega.com provides coupons to certain customers through loyalty or promotional campaigns. Terms and conditions of coupons will be as separately advised by MobiMega.com or as set forth at "Customer Service - Payment - Coupon".
Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. MobiMega.com does not represent or warrant that the descriptions of any products shown on the Site are accurate or complete. IF A USER PURCHASES A PRODUCT FROM MOBIMEGA.COM THAT IS NOT AS DESCRIBED ON THE SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR MOBIMEGA.COM REWARD POINT IN THE AMOUNT OF THE PURCHASE PRICE.
We have made every effort to display the colors of products on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor we cannot guarantee that your monitor's display of any color will be accurate.
We cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a shopping cart and the time the purchase is actually made. Also, despite our best efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of MobiMega.com, MobiMega.com may either (a) contact you for instructions before shipping the product or charging you for such product, or (b) cancel the order for such product and notify you of such cancellation.
MobiMega.com will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, or contain other incorrect information or typographical errors or are unavailable for any reason. MobiMega.com will have this right regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, MobiMega.com will immediately issue a credit to your credit card in the amount of the charge.
Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. Amounts shown as "Save" reflect the difference between the sale price and our normal price, or "list" price, for a given product. However, we make no representation that a substantial number of these products have been sold or made available for sale at the list price.
MobiMega.com is located in Hong Kong. By displaying products on the MobiMega.com website, MobiMega.com is making an offer to sell such products only to those who are legally capable of accepting, and do accept, such offer in Hong Kong. If you place an order for products shown on the Site, your order will be deemed an acceptance in Hong Kong of our offer.
We may confirm our receipt of your acceptance by sending a confirmation to the e-mail address that you provide.
Title to products, and risk of loss of such products, passes to you upon delivery to the common carrier selected by us to deliver your order.
You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of our agreement to sell products to you.
MobiMega.com accepts returns of most defective products or products damaged in shipping in accordance with the terms and conditions posted from time to time at "Customer Support - Return and Refund Policy". MobiMega.com's policy regarding returns of non-defective, non-damaged products is also set forth at "Customer Support - Return and Refund Policy".
Replacement of returned products will be made in accordance with the Return and Refund Policy. Any refunds provided pursuant to the Return and Refund Policy will be made in the form of reward point that may be applied to other purchases on the Site. In no event will cash refunds be made.
Unless otherwise specified for particular products or pursuant to a supplemental (or "extended") warranty plan offered by MobiMega.com from time to time, MobiMega.com will have no liability for any failure or malfunction of a product sold on the Site. Requests for technical service and support should be made directly to the manufacturer of a product in accordance with the terms and conditions of any warranty provided by the manufacturer. Information regarding manufacturers' warranties is generally included in the materials shipped with the products or is available through the Site.
Any supplemental warranties offered by MobiMega.com will be subject to terms and conditions posted on the Site from time to time.
Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices with respect to usage and handling of user information.
While MobiMega.com takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL MOBIMEGA.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER MOBIMEGA.COM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
You are responsible for maintaining the confidentiality of your account and password for the Site, and agree to accept responsibility for all activities that occur under your account or password. You agree to notify MobiMega.com immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else's account or password at any time. You may not attempt to gain unauthorized access to the Site. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your "My Account" information by clicking on the "My Account" link on the Site.
The Site may contain links to other websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of the businesses or individuals operating these websites or the content of these websites. MobiMega.com does not assume any responsibility or liability for the actions, products, or content of any of these websites. You should carefully review the privacy statements and other conditions of use set forth in such websites.
MobiMega.com does not intend the Site to be viewed or used by individuals under the age of 18 ("minors") without the supervision of a parent or guardian 18 years of age or older. MobiMega.com relies upon parents or guardians to determine if any content or items available on the Site are appropriate for the viewing, access or purchase by minors. If a user is a minor, such minor may use the Site only under the supervision of parent or guardian.
You consent to receive communications from us by e-mail. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing.
THE SITE IS PROVIDED BY MOBIMEGA.COM ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. MOBIMEGA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE. MOBIMEGA.COM DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM MOBIMEGA.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOBIMEGA.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MOBIMEGA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS SOLD BY IT OR AVAILABLE ON THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY WARRANTY OFFERED BY THE MANUFACTURER OF A PRODUCT.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the Site, you agree that the laws of the Hong Kong Special Administrative Region, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MobiMega.com or its affiliates.
ALL TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.
Any dispute, controversy or claim relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential binding arbitration in Hong Kong conducted under Hong Kong law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of MobiMega.com or any affiliate or licensor of MobiMega.com, MobiMega.com may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an English translation thereof. The arbitrator shall state the reason upon which the award is based.
If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of the Conditions of Use.
No delay or failure to take action under these Conditions of Use shall constitute any waiver by MobiMega.com of any provision of these Conditions of Use.
These Conditions of Use, together with any other policies posted on the Site from time to time, constitute the complete agreement between the parties and supersede all prior agreements or representations between them.
You agree to defend, indemnify and hold harmless MobiMega.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
MobiMega.com reserves the right, at its sole discretion, to change, add or remove portions of these Conditions of Use at any time. It is your responsibility to check these Conditions of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Conditions of Use, which shall apply until we post a modified Conditions of Use and then in accordance with such modified Conditions of Use.
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