Table of Contents
A. COLLECTION OF INFORMATION.
- Information That You Provide to Us
- Information That We Collect Automatically
- Information That We Receive From Third Parties
B. USE OF PERSONAL DATA.
C. DISCLOSURE OF PERSONAL DATA.
E. RIGHTS REGARDING PERSONAL DATA.
H. SECURITY MEASURES
J. VISITORS FROM THE EUROPEAN UNION
- Legal Basis for Data Processing.
- International Transfers of personal information.
- Your Rights.
L. HOW TO CONTACT US.
We at Classyforever recognize the importance of privacy and confidentiality of personal information.
Classyforever.com is a business to consumer (or “B2C”) platform which connects and facilitates sales and purchases between business sellers (or “Sellers”) and consumer buyers (or “Buyers”). Seller can be classyforever.com direct company also. Classyforever owner is selling product on classyforever.com.
A. COLLECTION OF INFORMATION
The personal information that we collect broadly falls into the following categories:
Information That You Provide To Us:
If you are a Buyer, we will ask you to provide:
- contact information including: name; address; phone number; email address;
- purchase and/or payment information including: credit card or similar payment information that you intend to purchase with; billing and delivery address;
- information about your purchases including: the goods purchased and how many;
- information about and/or to support complaints made in connection with the Platform or goods and/or services purchased via the Platform;
- ID (such as a passport) for identification verification in certain circumstances, when you apply for after-sales services.
If you are a Seller (i.e. an employee or representative of a Seller or a sole trader Seller (we’ll refer to you as a Seller)), we will ask you to provide:
- information about the Seller’s business (if applicable) including corporate registration, business licences (if applicable), tax or similar information;
- details about the goods and products that the Seller intends to sell via the Platform;
- purchase and/or payment information including bank account or other payment information that the Seller intends to be paid by.
If you attend one of our industry events or other functions, contact details such as user name, address, phone number, fax number and email address.
If you are a certified blogger / influencer for Classyforever, we may also ask you to provide us with your contact information and social media accounts / blog information.
If you choose to provide us with any additional information, such as in response to questionnaires for market research / analytics. This may include marital status, nationality, gender, date and/or year of birth, annual income, monthly spending and user preferences. If you prefer not to provide such information, the use of our services and products will not be affected.
Information That We Collect Automatically:
If you are a Buyer or Seller or prospective Buyer or Seller we will automatically collect:
- A copy of any correspondence with us, including any verification information we ask for, if you contact us for any reason (such as our customer service department chat service, telephone or email).
- Details of transactions and communications over the Platform, including the types and specifications of the goods sold and purchased, pricing and delivery information, any dispute records, communications between Buyers and Sellers over the Platform and any information disclosed in any discussion forum.
- Details of Platform buying and browsing activities, for these purposes we will automatically collect information from your device. In some countries, including countries in the European Economic Area and the UK, this information may be considered as personal information under applicable data protection laws. Specifically this collected information may include IP addresses, device type, unique device identification numbers, browser type, broad geographic location (e.g. country or city-level location), browsing patterns and details of how you have interacted with our Platform and the goods and services available on it. In addition, we gather information about the Platform and visitors to the Platform including browser software, operating system, software and hardware attributes, pages viewed, number of sessions and unique visitors. Some of this information may be collected using cookies and similar tracking technology, as explained further under the section E “COOKIES” below. Where we are required by applicable law, we will seek your prior consent to the collection of information using cookies and similar tracking technologies.
If you are successfully certified by Classyforever as a blogger or an influencer, we may also collect your social media account handles and posts / comments made in relation to the Platform..
Information That We Receive From Third Parties:
If you are a Buyer or Seller we may receive personal information about you from:
- Social media platforms if you choose to register for a Platform account via a social media account. Exactly what information we receive will depend on your privacy settings with the applicable platform, but would typically include basic public profile information such as:
- Your social media user name, nickname or username
- Your social media profile picture
- Company name (if applicable).
- Third parties that are engaged by us to provide verification services such as conducting suitable money laundering, fraud and “Know Your Customer” checks on Buyers and Sellers. This may include your name, email address, company details and contact information.
B. USE OF PERSONAL DATA
We collect and use your personal information for the following purposes:
- verifying Platform account registrations including conducting fraud, security, “Know Your Customer” and anti-money laundering checks in order to approve your Seller account;
- verifying your eligibility as a Platform blogger or influencer;
- setting up / administering Buyer and Seller accounts, including providing log-in IDs and setting up payment / transaction accounts;
- providing customer service support, responding to your queries, feedback and managing claims and/or disputes;
- providing/supporting general Platform services, facilitating communication between Buyers and Sellers, processing transactions and payments, assessing advance withdrawal requests from Sellers and providing logistics and delivery services;
- supporting Buyer and/or Seller clearance declarations / applications where made via the Platform;
- providing relevant membership benefits including birthday rewards, membership offers and coupons, anniversary awards, exclusive member prices;
- verifying your identity and purchases in connection with product warranty or other after-sales claims;
- assessing and monitoring account security and transaction risks of Buyers and Sellers, detecting and preventing fraud, money laundering and other security incidents;
- sending and serving tailored marketing and advertising that we believe will be of interest to you based on the ways in which you use the Platform, your browsing records, and order history;
- conducting research and analytics to ensure the security of our Platform, to improve the content and layout of the Platform, and to improve our product offerings and services;
- Cookies or other similar technologies may be used to provide you with advertising based upon your browsing activities and interests (see section E. COOKIES below for more information).
We may also use your personal information for other purposes that are not incompatible with the purposes we have disclosed to you if and where this is permitted by applicable data protection laws.
C. DISCLOSURE OR SHARING OF PERSONAL DATA
We disclose/share personal information with the following categories of recipients:
- Other Platform Buyers and/or Sellers where necessary to support purchases and communications made between you. If you are a Buyer, Sellers that you purchase from will also control, personal information about you relevant to connected with your Platform purchases and communications with them. Please refer to Seller Privacy Policies for information about how they will process your information.
- our business partners (for example, in order for them to provide you with discounts or offers that may interest Buyers or prospective Buyers) where you have consented to receiving such information from them if required by applicable data protection laws;
- credit risk assessment providers to conduct risk assessment on Sellers to determine whether a Seller can be permitted to make an advance withdrawal;
- logistics partners for providing delivery services for Buyers and Sellers, including return and exchange of products, and warehousing services for Sellers;
- customs agents for customs clearances purposes where applicable to support Buyers and Sellers with international sales/purchases;
- cloud computing or other hosting service providers to provide cloud storage services;
- warranty service providers to provide product warranty services where requested by a Buyer or Seller;
- customer service support providers to provide after-sale services or other customer service support;
- risk control service providers to assess the security of Buyer and Seller accounts and transaction risks; and
- third party rating / reviewing service providers to carry out reviews of our services with customers if you choose to participate in reviewing or rating Platform products and/or services;
- To our professional advisers, law enforcement agencies, insurers, government and regulatory and other organisations where we believe it is necessary to comply with applicable laws or to exercise, establish or defend our legal rights or protect your vital interests or those of any other person; or as otherwise required or permitted by applicable laws.
- To any other person with your consent to the disclosure.
We will retain your personal information for as long as we have an ongoing legitimate business need to do so, to provide services or products to you, as required or permitted by applicable laws. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it, or if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. How long your data is kept for will also depend on how you use our website (for example if you are logged in as a member or you are visiting our website as a guest) and what the information you provide to us is used for. For example, if you are a registered member, certain data will be retained for a length of time following termination or deletion of your account, in order to comply with applicable laws or in case of disputes. In other instances, the period of retention may be determined according to your activity on the Platform or to comply with a specific arbitration period/resolve a dispute.
E. RIGHTS REGARDING PERSONAL DATA
Under applicable laws, you may have rights of access to personal information held by us and other rights. If you are a Visitor from the European Union, please refer to section J. VISITORS FROM THE EUROPEAN UNION below for more information.
What are cookies?
A cookie is a string of information that is sent to your browser and stored on your computer’s or mobile device’s hard drive. If you do not de-activate or erase the cookie, each time you use the same browser or device to access the Platform, our web servers will be notified of your visit to the Platform and in turn we may have knowledge of your visit and the pattern of your usage.
Cookies set by the site or app owner (in this case, Classyforever) are called “first party cookies”. Cookies set by third parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognize your device both when it visits the website in question and also when it visits certain other websites.
Cookies are also categorized as “session cookies” (which are erased once you close the browser or shut down the device) and “persistent cookies” (which remain even after closing the browser or shutting down the device/application and which are activated each time you visit the Platform). Session cookies use encrypted data to authenticate you. Persistent cookies do not store account numbers or passwords. We use both session cookies and persistent cookies.
We use first and third party cookies for several reasons.
Some cookies are required for technical and/or security reasons in order for our Platform to operate, and we refer to these as “essential” or “strictly necessary” cookies. First party cookies are mainly served to enable basic functionality on our Platform; including web analytics cookies that help us understand how users use our web pages and how we can improve their use. For example we use essential or strictly necessary cookies to enable us to remember goods added to your Classyforever.com shopping basket and to recognize you when you sign into your Classyforever.com account.
We also use social media cookies. You may register for Platform membership and “share” Platform content through social media such as Facebook and Twitter. Sometimes we embed videos from websites like YouTube. These websites have their own privacy policies which govern their use of information, which you can find on the respective websites.
The Platform is intended for adults and users must be over 18 to use our Platform and we do not intend to sell any of our products or services to minors. If a minor has provided us with personal information without parental or guardian consent, the parent or guardian should contact https://classyforever.com/contactus to remove the information.
H. SECURITY MEASURES
We implement appropriate technical and organisational measures to prevent unauthorized access to the Site, to maintain data accuracy and to ensure the correct use of the information we hold. Upon becoming aware of a data breach, we will notify you and the regulatory authorities in accordance with the timescales and scope required by applicable data protection law.
For registered users of the Site, some of your information can be viewed and edited through your account, which is protected by a password. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a computer with others, you should not choose to save your log-in information (e.g., user ID and password) on that shared computer. Remember to sign out of your account and close your browser window when you have finished your session.
No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we use appropriate technical and organisational measures to protect the information we hold for you, we cannot guarantee the security of any information you transmit over the internet.
Legal Basis for Data Processing
- necessary for the performance of contract between you and Classyforever.com Singapore E-Commerce Private Limited (for example, to provide you with the services you request and to identify and authenticate you so you may use the Platform);
- necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement);
- necessary for our legitimate interests and not overridden by your rights; and/or where it is based on your consent.
If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our Platform and services, manage our relationship with you and communicate with you as necessary to provide our services to you and for our legitimate commercial interest, for instance, when responding to your queries, improving our Platform and our services, undertaking marketing, or for the purposes of ensuring the security of our Platform and services and detecting or preventing illegal activities such as fraud. We may have other legitimate interests and if appropriate we will make clear to you at the relevant time what those legitimate interests are.
If we ask you to provide personal information to comply with a legal requirement or to enter into a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). In some instances, you may be required to provide us with personal information for processing as described above, in order for us to be able to provide you all of our services, and for you to use all the features of our Platform.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under section L. HOW TO CONTACT US below.
International Transfers of personal information
If you are a resident of the EEA, you have the following data protection rights, which you can exercise at any time by contacting us using the contact details provided under section L. HOW TO CONTACT US below:
- The right to access, correct, update or request deletion of your personal information.
- The right to object to processing of your personal information when it is based on our legitimate interests.
- The right to ask us, in some situations, to restrict processing of your personal information or request portability of your personal information.
- The right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under section L. HOW TO CONTACT US below.
- If we have collected and process your personal information with your consent, then you have the right to withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent
- The right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
If you are aware of changes or inaccuracies in your information, you should inform us of such changes so that our records may be updated or corrected.
L. HOW TO CONTACT US
Free Membership Agreement
Part A: New version – updated on November 10th, 2019 and effective as of November 10th, 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS. THIS AGREEMENT RELATES TO WWW.CLASSYFOREVER.COM. ACCEPTANCE OF TERMS
1.1 WELCOME TO CLASSYFOREVER.COM’S FREE SERVICE (the “SERVICE”). The following sets forth the terms and conditions of the classyforever.com Free Membership Agreement (this “Agreement“) between you (“Member”) and the CLASSYFOREVER.COM contracting company determined in accordance with this clause 1.1 (“classyforever.com“) under which classyforever.com offers you access to and use of the Service through the websites, mobile sites, mobile applications and other portals owned, operated, branded or made available by classyforever.com to you from time to time relating to (a) the classyforever e-commerce platform including but not limited to the web and mobile-optimized versions of the websites identified by the uniform resource locator “www.classyforever.com” and the mobile applications of the classyforever.com e-commerce platform (collectively the “classyforever Sites”);
1.2 Classyforever.com may amend this Agreement at any time by posting the amended and restated Agreement on the Sites. The amended and restated Agreement shall be effective immediately upon posting. Posting by Classyforever.com of the amended and restated Agreement and your continued use of the Service shall be deemed to be an acceptance of the amended terms.
2. THE SERVICE
2.1 The Service will be offered free-of-charge for an unspecified time period unless terminated in accordance with the terms of this Agreement.
2.2 The Service will have the following core features (which may be added to or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of Classyforever.com and notified to you) (“Free Member Benefits”):
a) Company Profile – allows each Member to display and edit basic information about its business, such as year and place of establishment, estimated annual sales, number of employees, and products and services offered, etc.
b) Products – allows each Member to display and edit descriptions, specifications and images of at least 5 products.
c) Unlimited Buyer Trade Lead Posting – allows each Member to post on the Sites for public display offers to buy products and services from other users of the Sites.
2.3 Classyforever.com may suspend or terminate all or part of the above Free Member Benefits at any time in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination. Classyforever.com reserves the right to charge for the Service or any feature or functionality of the Service at any time in its sole discretion.
2.4 Benefits, features and functions available to a Member may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available.
2.5 The availability of any transactional features and functions on the Sites to any Member may be conditional on verification of Member’s identity and/or its designated bank account by Classyforever.com and/or its approved independent third parties.
2.6 Classyforever.com shall issue a Member ID and Password (the latter shall be chosen by the Member during registration) to each Member to access the Service through such Member’s Account. Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all use of and activities that occur under the Member ID and Password (whether such use or activities are authorized or not). A set of Member ID and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Member ID or Password to another person, even to other individuals within the Member’s own business entity (where applicable). Each Member acknowledges that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, “multiple use”), may cause irreparable harm to Classyforever.com and each Member shall indemnify Classyforever.com against any loss or damages (including but not limited to loss of profits) suffered by Classyforever.com as a result of such multiple use of an Account. Each Member hereby undertakes to notify Classyforever.com immediately of any unauthorized use of its Account, Member ID or Password or any other breach of security. Each Member hereby agrees that Classyforever.com shall not be liable for any loss or damages arising from the Member’s failure to comply with this paragraph.
2.7 Classyforever.com reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice, except in respect of any ClassyForever Relevant Jurisdiction Users. Classyforever.com further reserves the right but shall not be obliged to introduce new features, functionalities, applications or conditions to the Service or to future versions of the Service, except in respect of any ClassyForever Relevant Jurisdiction Users. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by Classyforever.com. In respect of any ClassyForever Relevant Jurisdiction Users, ClassyForever Russia Holding Private Limited is the relevant party.
2.8 Each Member acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each Member hereby agrees that in no event shall Classyforever.com be liable to the Member or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any losses or damages (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service.
2.9 If you voluntarily submit any information to the Sites for publication on the Sites through the publishing tools, including but not limited to, company or business profile, product catalog, trade leads, TRUSTPASS profile, business trust system and any discussion forum, then you are deemed to have given consent to the publication of such information on the Sites.
3. MEMBER RESPONSIBILITIES
3.1 Each Member hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about itself and its business references as may be required by Classyforever.com and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. To the extent permitted under applicable laws, each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Classyforever.com to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
3.2 Each Member hereby represents, warrants and agrees that the use by such Member of the Service and the Sites shall not:
a) contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
b) be part of a scheme to defraud other Members or other users of the Sites or for any other unlawful purpose;
c) infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;
d) impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
e) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
f) contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
g) contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
h) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
i) contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
j) involve attempts to copy, reproduce, exploit or expropriate Classyforever.com’s various proprietary directories, databases and listings;
k) involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; and
l) involve any scheme to undermine the integrity of the computer systems or networks used by Classyforever.com and/or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks;
n) otherwise create any liability for Classyforever.com or its affiliates.
3.3 Each Member represents, warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from such referee to (a) act as such Member’s business referee; (b) to post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member’s consent to be obtained before third parties may contact the business referees.
3.4 Member shall not take any action which may undermine the integrity of Classyforever.com’s feedback system, such as leaving positive feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.
3.5 Each Member acknowledges and agrees that Classyforever.com reserves the right to, but shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. Classyforever.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
3.6 Each Member represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Sites or provides to Classyforever.com or authorizes Classyforever.com to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Each Member further represents, warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Sites or provides to Classyforever.com or authorizes Classyforever.com to display.
5. USE OF DISCUSSION BOARDS ON THE SITE
5.1 Classyforever.com provides its Members use of discussion boards on the Sites free of charge to promote and encourage open, honest and respectful communication between all of our Members. The discussion boards on the Sites shall not be used as a marketing platform by Members and Members shall not post any information relating to trade leads, promotion of their products or their company profile.
5.2 Each Member acknowledges that all data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted through a discussion board on the Sites, are the sole responsibility of such Member from whom the Content originated. This means that the posting Member, and not Classyforever.com, is entirely responsible for all Content that is uploaded or posted via our discussion boards on the Sites. Classyforever.com does not control the Content posted via discussion boards and therefore does not guarantee the accuracy, integrity or quality of such Content.
5.3 Classyforever.com reserves the right to, but shall have no obligation to, delete or edit any postings in its sole discretion without prior notice. Classyforever.com may but shall not be obliged to monitor posting activities of any Member who is in breach of this Agreement and may restrict their ability to post messages on the discussion boards on the Sites. Under no circumstances will Classyforever.com be liable in any way for any Content, including (without limitation) any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of the discussion boards by such Member. Each Member agrees to evaluate and bear all risks associated with the use of any Content including any reliance on its accuracy or completeness. Each Member understands that by using the Classyforever.com discussion boards on the Sites, such Member may be exposed to Content that is offensive, indecent or objectionable.
5.4 Without prejudice to each Member’s responsibilities under clause 3 of this Agreement, each Member agrees not to use the discussion boards on the Sites to:
a) upload, post or e-mail any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any Content;
d) “stalk” or otherwise harass another;
e) to use the personal data about other users for purposes unrelated to the discussion board or to disclose personal data on the discussion board about third parties without their authorization
f) upload, post or e-mail any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
g) upload, post or e-mail any Content that infringes any intellectual property rights or other legitimate rights of any party;
h) upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, or any other form of solicitation;
i) upload, post or e-mail any Content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
j) upload, post or e-mail any Content that contains a complaint regarding Classyforever.com’s services or refers to such a complaint on the Sites or to any other Members; any such complaint must be directed to the customer service e-mail on the Sites; or
k) violate any applicable national or internal laws or regulations.
5.5 Each Member acknowledges that Classyforever.com does not pre-screen Content but that Classyforever.com shall have the right (though not the obligation) in its sole discretion to move, modify or remove any Content that is posted or
5.6 To the extent permitted under applicable laws, each Member grants to Classyforever.com a perpetual, world-wide, royalty-free irrevocable, non-exclusive licence (including the right to sub-license through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Content (in whole or part) such Member uploaded, posted or supplied to Classyforever.com for posting on the Sites and/or to incorporate such Content in other works in any form, media or technology now known or developed. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
5.7 Each Member shall indemnify and hold Classyforever.com and its subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any Content such Member uploaded, posted or e-mailed on or through the discussion boards on the Sites, such Member’s use of the discussion boards on the Sites, or such Member’s breach of the provisions set out in clause 5.4.
5.8 On being made aware of any such breaches, Classyforever.com may ban, delete or prohibit any Content that relates to those breaches or that Classyforever.com in its sole discretion consider to be harmful to the public or the rights of Classyforever.com or any of its affiliates, licensors, partners or Members.
5.9 Classyforever.com reserves the right to take whatever action it deems necessary to prevent a Member’s breach of clause 5.4 including the following:
a) issue a warning letter to the relevant Member (where the breaches are deemed by Classyforever.com to be minor); or
b) ban the relevant Member from discussion boards on the Sites (where the breaches are deemed by Classyforever.com to be major).
All incidents will be logged and Classyforever.com’s decision shall be final in all such cases.
5.10 All information and/or other Content posted on the Sites by the Classyforever.com service team or by Members or third party partners is supplied for information purposes only and shall not under any circumstances be construed as legal and/or business advice or a legal opinion. Members are encouraged to seek independent professional advice in such situations.
6. LIMITATION OF LIABILITY
6.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ClassyForever.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
6.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ClassyForever.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES.
6.3 Any material downloaded or otherwise obtained through the access to or use of the Sites or Service is done at each Member’s sole discretion and risk and each Member is solely responsible for any damage to its computer system or any loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from Classyforever.com or through or from the Service shall create any warranty not expressly stated in this Agreement.
6.4 The Sites may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Classyforever.com or its affiliates be held liable for any such services or products.
6.5 Under no circumstances shall Classyforever.com be held liable for an delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
6.6 To the extent permitted by law, Classyforever.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
a) the use or the inability to use the Service;
b) any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the Sites;
c) unauthorized access by third parties to data or private information of any Member;
d) statements or conduct of any user of the Sites; or
e) any other matter relating to the Sites or Service however arising, including negligence.
6.7 Notwithstanding any of the foregoing provisions, the aggregate liability of Classyforever.com, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Member for all claims arising from the access to or use of the Service or the Sites during any calendar year shall be limited to HK$100. The preceding sentence shall not preclude the requirement by the Member to prove actual damages. All claims arising from the use of the Service must be filed within either one (1) year from the date the cause of action arose or such longer period as prescribed under the applicable law governing this Agreement.
Please review the following policies to know how we use and protect your personal information when you use Services of the relevant Site:
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Classyforever.com is the sole owner or lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with Classyforever.com, its affiliates or licensors, as the case may be. All rights not otherwise claimed under this Agreement or by Classyforever.com are hereby reserved.
7.2 “CLASSYFOREVER” and related icons and logos are registered trademarks or trademarks or service marks of Classyforever.com and related icons and logos are registered trademarks or trademarks or service marks of Classyforever.com Limited and its affiliates in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
8.2 Classyforever.com and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
8.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
8.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
8.5 Classyforever.com’s failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will not waive that right nor waive Classyforever.com’s right to act with respect with subsequent or similar breaches.
8.6 Classyforever.com shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of Classyforever.com). The Member may not assign, in whole or part, this Agreement to any person or entity.
8.7 If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.