Terms of Use

TERMS OF SERVICE

PRELIMINARY

The website www.FlavoursPlace.com is owned and operated by Flavors Market Limited with official address at Unit 706, South Seas Centre, Tower 2, 75 Mody Road, Kowloon, Hong Kong.

The present agreement governs the relationship between www.FlavoursPlace.com (hereinafter “FP”, “us” or “we”) and the user (hereinafter “you”, “they”, “user”). The scope of the present terms shall apply to this website, mobile application developed by www.FlavoursPlace.com for its services, services of the its affiliate entities including joint ventures, subsidiaries, parent and sister companies and any other related corporate entity. Your use of our website, which includes visiting our website, using its services, accessing its contents, registering and placing order with us, is governed by these terms of service as necessitated by the usage of the website, its related tools and services. Any transaction you carry with us or through our website shall be strictly carried or completed in accordance with these terms and conditions.

DEFINITION and INTERPRETATION

"Substantial Change" means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.

Using” includes visiting the website, accessing its contents, employing the tools and services offered by us, placing order for the products available on the website, making a payment through the website, accessing the mobile application or availing the offers on the website.

“User (You)” shall mean any natural or legal person who uses this website and its content

We” shall mean www.flavousrplace.com or Flavours Place Ltd. Or its affiliates, subsidiaries or sister concerns.

The language of the terms shall be English and shall be the official language for any construction or interpretation.

The present agreement is reflection of entire understanding of our relationship with you. It shall supersede any previous or other such understanding.

In case there exists a machine readable form of these terms, and arises a conflict between human readable form and machine readable form, the human readable form shall prevail.

ACCEPTANCE

By visiting our website and accessing the services provided by us, you expressly agree to be bound by our terms or service, payment and refund policy and privacy policy. In order to use our website, you need to accept and abide by the policies, terms and guidelines available on our website.

Additionally, certain terms and conditions become applicable only when you perform a certain action. When you click on the button “continue” while registering, you expressly agree to accept all the terms, conditions, guidelines and policies listed on the website.When you commit a payment through this website by clicking “Pay Now” button, you expressly consent to be bound by these terms and conditions along with our payment and refund policy.

By accepting these Terms & Conditions and / or registering with us, you are validating that you must be of the minimum age of eighteen (18) and persons under the age of 18 may not use the Services and should not register. By engaging Services offered by us, the user acknowledges that you are legally capable of entering into binding contracts as well.

We do not encourage you to use our services if any of our services are illegal in your country or region or it is prohibited to use a service/product of Hong Kong. By using our services, you accept that it is legal in your country, territory or region to use our services or our kind of services. We shall not be liable for any illegal access of our services on your part. We do not accept reservations to any term of the aforementioned documents. If you disagree with our terms of service, our privacy policy or any other guideline available on our website, please do not use our website and stop its access immediately.

AMENDMENT

FP reserves the right to change or modify any of the terms & conditions contained here or any policy or guideline of the Site at any time without any notice. Any changes will be effective upon posting of the revisions on the Site. The FP will inform the users about any substantial change in these terms with a notification on the homepage or through your mail.

If you do not agree to any modification, amendment or alteration in the terms, kindly discontinue using the website and its contents immediately.

ELIGIBILITY

1. Membership Eligibility

Age: You must be of at least 18 years in age in order to become eligible for using this website. If you are a minor and wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User.

Territory: You must ensure that the local/state/county/national laws allow you to use our website and its services.

Legal: Use of the Website is available only to persons who can form legally binding contracts. Minors, Insolvents, Persons with unsound mind are not allowed to register with us or place order with us.. FP reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to FP’s notice or if it is discovered that you are under the age of 18 years.

·Business entity registration: We allow business entities to register with us. If you wish to register with us as a business entity, you warrant that you have the valid authority by the said entity to register with us. Please note that once you register with us as a business entity, you as well as the business entity would be bound by our terms, guidelines and policies.

Guest User: Guest users have limited functionality available to them which includes prohibition on selling and listing by them. They are allowed to commit purchase without registering but certain restrictions are applicable on such a purchase.

ACCOUNT and REGISTRATION

Confidentiality and Security of Login Details

It is your sole duty to maintain the confidentiality and secrecy of the User ID and Password allotted to you by us upon registration, in case of registered users. If you are a guest user, you are alone responsible for maintaining the confidentiality of your email ID, your contact number and computer system. You will have to bear absolute responsibility for all activities that occur through your User ID and Password, email id and contact number as the case may be. You must ensure adequate physical security for your cell phone in order to secure access to the website, if you wish to use our services as guest user.

Registration Process

The user expressly agrees to

1. Provide true, factually accurate, updated and complete information about him as required by our registration form or the guest user purchase process.

2. You shall omit the use of any of your contact details such as email addresses etc. in your User ID while registering with us.

3. Maintain and regularly update such information, as provided to us by him, in order to keep it factually correct and updated.

In case it comes to our knowledge that any information provided by you is incomplete, against our terms or inaccurate, we may take strict action against you which may include suspension of your account or termination of any kind of service to you. We may also refuse to register you again indefinitely.

Electronic Communications

When you use our website, the mobile application, employ its tools and services or send emails, communications or other data or information to us, you expressly agree, consent to and understand that you are communicating with FP through electronic mode and records and you agree to receive communications, emails or any other data via electronic mode and records from us periodically and as and when required or deemed important by us. FP will communicate with you by email or by an AB Post notice or electronic records on the FP Website which will be deemed adequate service of notice.

FEES AND SERVICES

Fee: FP does not levy any charge on users for membership or registration with us. You can browse and buy any number of articles with use without paying any fee to us.We charge 6% of each transaction. This fee is paid by the sellers.We strongly recommend our users to go through our payment and Fee Policy once in order to understand our payment and refund mechanism. We reserve the right to amend, alter or change our payment and fee policy as and when required or deemed fit by us. You are requested to regularly update yourself with the same. We will notify any change through our homepage or through email notification. All payments shall be made in USD and Bitcoin through our payment gateways in strict accordance with the practices as explained in our payment and Fee policy. FP

Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon without any exception.

Non-payment: Any non-payment of fee by the user may attract strict action by us which includes issuance of a warning, temporary /indefinite suspension or termination of the membership of the Website and refusal to provide any access whatsoever to the Website. We also reserve the right to take legal action in case of non-payment of fees by you to FP.

USING THE WEBSITE

You understand and EXPRESSLY agree that FP and the Website merely provides hosting services to its Registered users and persons browsing / visiting the Website and does not sell the items listed here by the registered users or is actively involved with any such listing. FP is a mere platform for buyers and sellers to get together and commit a transaction according to set terms and policies All items advertised, displayed or listed and the contents therein are advertised, displayed and listed by third party users. We do not originate or initiate the transactions or transmissions and nor do we select the sender/buyer/seller and receiver/seller/buyer of the transmission or transaction and nor do we select nor modify the information contained in the transmission.

We have absolutely NO control over the third party user generated contents and assume no liability for the same.

You expressly agree, undertake and consent that you will use the website, its services and content in accordance with following guidelines:

1."Your Information" is defined as any information you provide to us or other users of the Website ("Users") in the registration process, buying or listing process, in the feedback area or through any e-mail or through any notice sent to us. You bear the sole responsibility for your Information, and we act only as a passive conduit for your online distribution and publication of your information. Your information shall be correct, accurate and updated. Any misrepresentation of identity is strictly penalized. It shall not:

·Harm minors in any possible way;

·Infringes any kind of intellectual or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

·Violates any law or statute for the time being in force;

·Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is inappropriate, demeaning, defamatory, grossly offensive or menacing in nature;

·Misrepresent as or impersonate another person;

·Contains software viruses or any other computer malware including code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

·Threatens the unity, integrity, defense, security or sovereignty of the country, friendly relations with foreign states, or public order and health or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation or international organization including UN or European Union.

·Shall not deal in the goods and products listed in the Restricted and Prohibited Items list, directly or indirectly or any item whose sale has been prohibited by any law in force.

·In no possible manner, shall create any liability for us or causes loss to us (in whole or in part) the services of our ISPs, data providers or other suppliers; and

·Shall not link directly or indirectly to or include descriptions of items, goods or services that:

§Are prohibited under the terms or any other local law in force.

§are identical/same to other items you have up for sale but are priced lower than your item's price

§Are simultaneously listed for sale on a web site apart from us;

2. You expressly represent and warrant that you are the exclusive and sole legal owner of all items, goods or products of any description that you wish to offer for sale on the Website or have been authorized to list/sell such products by the business entity you represent. You shall have absolute and unqualified right, title and authority to deal in and offer for sale such items, goods or products.

3. It is your absolute duty to inform us about any transaction or attempted transaction relating to any item, good or service which is in contravention of these terms, our policies and all the guidelines available on the website or incorporated by reference. Please send us a communication at Info@flavoursplace.com in relation to this aspect. You identity will not be disclosed without your express consent.

4. You must not, either alone or jointly with other Users, alter, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.

5. You shall at all times ensure full compliance with the applicable provisions of the Information Technology laws and corresponding rules or guidelines as prescribed by the relevant authority and also all relevant local laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services.

6. You must regularly update the information about the products posted and listed by you on our website. You must en sure that such information accurate and factually sustainable all the time. We will initiate legal proceedings against you if any such information is found to be false, misleading or inaccurate. We expressly disallow any kind of exaggeration on your part in relation to the products sold by you. Any fake or false reviews are also strongly discouraged.

7. There shall be no attempt on your part to manipulate or circumvent the fee structure, billing process and practices as described.

8. FP is a mere platform which allows users to interact, communicate and transact thereafter between themselves. At no point of time, we claim any title or ownership of the products listed on our website and neither do we assume any liability in that regard.

9. All contracts, agreements and commercial arrangements are entered into by the seller and buyer among themselves and we are not a party to the same. We do not exercise any control whatsoever over the buyer or seller and any terms related to payment terms and mode, delivery date, period, mode and medium, shipping costs and warranties as to the description. We do not influence any such acceptance that happens between the buyer and the seller.

10. FP does not assume any liability or responsibility for any non-performance or breach of any contract entered into between users (includes Registered User or Guest User). We cannot assure any user that the transaction will be completed by the other user on the agreed terms or will even be completed at all. FP shall not and is not required to mediate or resolve any dispute or disagreement between Users.

11. The mere display of products on our website, in no way, constitutes any endorsement of the products on our part and same shall not be assumed in any case.

12. We do not certify the quality, legal title, brand authenticity or quality of any listed product. You are requested to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf. We are not liable for any discrepancies in this regard.

13. We do not store, transit, deliver or verify the quality, quantity or description of the product at any point of time. We do not assume any liability in such regard.

14. At no point of time FP shall be held responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers. The sale is on “as available” basis and without any guarantee of being in stock all the time. Please confirm with the listing page before placing your order.

15. The buyer and seller must agree among themselves (independently) on the conditions pertaining to payment, insurance, mode and time of delivery with the help of the tools provided on the listing page.

GIFT CERTIFICATE
Gift certificate can be purchased from Purchase Gift Certificate page.
To use the gift certificate, enter the gift code in "Gift certificate code" field on checkout page and apply.
Gift crtificate can be used only in FlavoursPlace.com
Gift certificate code can be used until his value balance reaches zero.
The Gift code can not be use to purchase another Gift certificate.
Gift certificate cannot be refunded. Gift Certificate are subject to our general Terms and Conditions. Gift certificate do not have an expiration date.
For any questions or concerns, please contact at support@flavoursplace.com

OWNERSHIP, TRADEMARKS and COPYRIGHTS

15. The buyer and seller must agree among themselves (independently) on the conditions pertaining to payment, insurance, mode and time of delivery with the help of the tools provided on the listing page.

Solely to enable FP to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.

PRIVACY

We DO NOT sell, transfer, distribute, transmit or rent the personal information of the user to third parties for their marketing purposes without express consent on the part of the user and in strict accordance with our privacy policy. We and we only use your information as described in the Privacy Policy. We respect and endeavor to protect the privacy, secrecy and confidentiality of the user data stored with us. We request you to kindly go through the privacy policy as available at http://www.flavoursplace.com/privacy-policy.html.... If you do not agree with our privacy and security policies and the practices thereof, please do not use our website.

[PAYMENT GATEWAY] FACILITY

We use two automatic payment systems. PayPal for the USD payments and Coinbase for the payments in Bitcoin.

For the sellers it is mandatory to use the same one email to register for Flavours Please, PayPal and Coinbase.

This is because both PayPal and Coinbase use email a address to direct the payments.

PayPal Facility could be availed under PayPal User Agreement, PayPal Seller Terms and Conditions and other PayPal Rules and Policies available at https://www.paypal.com/webapps/mpp/ua/useragreeme... We will ask you separately to agree with the said policies and practices when you make a payment through the same. By clicking on the button “PAY NOW”, you expressly consent to the said policies and practices.

BREACH

Without any limitation as to the other remedies available, we may limit your activity, immediately remove your information or pending transactions, end your listing, warn other users of your actions, post a public notice against you at the homepage, immediately temporarily/indefinitely/permanently suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, in case you:

1. Violation or breach the present terms of service, Privacy Policy, other guidelines or policies incorporated by these terms by reference or for that matter any other such document available on the website or PayPal User Agreement or PayPal Seller Terms and Conditions or the documents, agreements rules, policies, terms and conditions these incorporated herein by reference;

2. If FP is unable to verify or authenticate any information you provide; or

3. If it is believed that your actions may cause legal liability for you, other Users or FP.

4. We believe that the information provided to us is inaccurate or incomplete.

5. We have been informed that the business entity represented by you has not authorized you for the same.

FP may at any time at its sole discretion and choice reinstate suspended Users. A User that has been suspended or blocked shall not register or attempt to register with FP or use the Website in any manner whatsoever until such time that such User is reinstated by FP, informed by us through an email.

Notwithstanding anything said in the above clauses, if you breach any of the documents mentioned above, FP reserves the absolute and unqualified right to recover or charge any amounts due and owed by you to FP and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you or filing of a suit against you for recovery of any amount due in a competent court.

BUYING

All purchases constitute a firm commitment to purchase. If you click on the button “pay now” and your purchase is accepted by the seller in consonance with these terms, you are required to complete the transaction with the seller mandatorily. Purchasers cannot go back on their commitment once they click on “Pay Now”.

You cannot cancel the Purchases. By purchasing on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of the terms or are illegal in nature. You shall bring any such illegal provision to our notice as soon as feasible. In case of consumer goods, sellers on the Website may or may not specify the retail prices of the items being sold. You are suggested to verify the retail prices of such products independently.

We strongly advise you not to test the website and its services with false or incomplete purchases, as doing the same puts you at substantial and acute personal legal risk. It is a chargeable offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other payment infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility in any manner to sale. We strongly state that we will take strict legal action in any such case of false representation or misrepresentation.

The Purchaser shall contact the seller within 72 hours of closing of the sale to complete the sale.

In case, you omit to give FP your real name and other personally identifiable data, your browser transmits a unique IP address to us, which can be and may be used by law enforcement officials to identify you on our request.

When you purchase an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same and you agree that the Artwork shall not be exported out of the country of origin or without express permission of the relevant authorities. We shall not be held liable for any such omission or express breach of such export restrictions.

FP Guarantee

The FP Guarantee is a tool devised by us to assist the buyers who have been defrauded by third party sellers on the Website. If a buyer has made a payment for an item and did not get the delivery of the product or the quality of the received product is lower in quantity, quality or valuecompared to what was described or presented on the website, the buyer can request for protection under the FP Guarantee. The security and guarantee under this program is limited to such amount as may be provided in the FP Guarantee.

If FP has suspicion, belief or knowledge, that any of its members or users are involved or are participating in any activity or transaction that is intended to provide false, misleading or mischievous claims or information, then FP suspend, block, restrict, cancel the user id of Registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection through this program. Nothing in this clause shall prejudice the right of the FP to initiate civil and/or criminal proceedings against member for such actions.

FP reserves the absolute right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, inaccurate, mischievous, incomplete, or misleading information to us.

Additionally, FP reserves the right to suspend, block, restrict, cancel the User Id and account of such user and/or disqualify that member and any related members or business entity from availing protection under this program.

Any person, who willingly, knowingly and with intent to injure, defraud or deceive, files a mischievous and fraudulent complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and FP will pursue full prosecution of the said individual or the business entity.

BUYER PROTECTION FOR TRANSACTIONS ON OTHER FP SITES

If you wish to list your product for international or foreign sale (for sale in other countries) you must accept the FP Buyer Protection Policy of our websites for the said countries. Your international transaction will be carried out in accordance with the terms given thereof.

We require sellers to act in accordance with the resolution process under the applicable FP Buyer Protection Policy of other FP sites. Under the said policy, the seller submits to the discretion of the FP, thereby authorizing FB for a final decision when a claim is filed by the buyer under the policy and the two parties (buyer and seller) fail to reach an amicable solution. If FP decides in favor of the buyer, the buyer would be entitled for a full refund including the shipping value or credit value of the similar amount applicable for any future transaction on our website subject to the conditions specified with the credit value voucher. The seller will be bound to make such refund within 2 working days of instruction by FP. Sellers shall have a reimbursement method, filed with FP. FP reserves the absolute and unqualified rights to at its sole discretion to recover the refund from the seller and/or apply certain restrictions or suspension of seller privileges for the seller’s transactions on the Website or other FP sites.

SELLING

Only registered members are allowed to list/sell items on our website. You need to create an account by providing us with you personally identifiable data accurately and honestly. The listing process must be in accordance with http://pages.FP.in/help/ListingPolicies/index.htmlwhich is incorporated by way of reference in the terms.

You must have the legal authority and competency to sell and list items on our website in accordance with the eligibility section of the terms. The listed items must not infringe the intellectual property and privacy rights of any third party and you must ensure that you have proper assignment of rights to sell or transfer the said products from the original owner, manufacturer or the distributor. The listings shall only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. The text description must be accurate and only describe the true quality and nature of the products listed. The specifications must be detailed in order to disclose everything about the product. While we agree that the pictures used are for indication purposes, they must be very close to the actual product if not actual pictures of the listed product. Any material discrepancy will be adequately dealt by us through legal means. You may also be required to refund the entire amount along with the shipping cost. You expressly agree not to list a single product in multiple quantities across various categories on the site. FP reserves the right to delete such multiple listings of the same product listed by you in various categories. In case, FP finds that you have been repeating such actions again and again, it may take action against you which may include blocking your account or suspending your access with us.

If a user commits a purchase with you, you are mandatorily required to complete the transaction with the said user in accordance with the terms, policies and guidelines available on this web site. You must get in touch with the buying user within 72 hours of item selling successfully and supply the item as per the shipping and delivery details mentioned in item description to the buyer in a merchantable condition upon receiving the payment from the buyer and in case of buyer making payments using [Payment Gateway] Facility, upon receiving of payment intimation from [Payment Gateway] Facility in accordance with [Payment Gateway] User Agreement, [Payment Gateway] Seller Terms and Conditions and [Payment Gateway] Rules and Policies, unless there is an exceptional circumstance, such as:

1. The buyer materially fails to meet the terms of your listing (such as payment method), or

2. You cannot authenticate or verify the true identity of the buyer provided you have not received any payment from him. Without limiting any other remedies, FP may suspend or terminate your account if you are found to have engaged in fraudulent activity in connection with the use of the Website. As sellers on the Website we encourage you to post feedback on the buyer after the transaction is closed. You review is very important for smooth transactions on the website.

FEEDBACK

We strongly encourage registered buyers and sellers on the Website to provide feedback to each other after the transaction has been successfully completed or closed as this allows the users of the website to know about the seller or the buyer before they purchase or transact with a certain user. Feedback once given cannot be taken back or denied. Your feedback will be available on the reviews page of the said user with your user id.

In no case, we shall be held responsible for the feedback that you post/display on the Website and you should be careful about making comments that are not factual or true and should not post defamatory or illegal or offensive/obscene contents.

You shall not take any actions that may undermine the integrity of the feedback system or damage its value. If you continue to receive negative feedback ratings and reviews, we reserve the right to suspend/terminate your membership, and you will be unable to list, buy on the Website or in some case, even access it.

Export- You expressly acknowledge and accept that your feedback consists of comments left by other users and a composite feedback number compiled by FP, and that the composite number without the comments does not convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your Website feedback rating in any venue other than on the Website.

Import- We do not provide the technical ability to allow you to import feedback from other websites to FP because a composite number, without the corresponding feedback does not reflect your true online reputation within our community. You may not have a link to such third-party feedback venues in your profile with us.

REFUND

The buyers are entitled to refund if the seller fails to deliver the product or when the product differs from the description made available on the website or when the seller provides less quantity of the product than bought or when the quality of the product is less than the demanded quantity or when the seller refuses to complete the transaction. The buyer must contact FB under its FP buyer protection policy for obtaining the refund. The seller is required to refund the entire amount of the purchase along with the shipping cost to the buyer in the aforementioned circumstances. The final decision will be of FP.

NO WARRANTY OF SERVICE

FP and its employees, agents, suppliers, affiliates and service providers provide the Website and services including the payment gateway "as is" and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties or conditions of title, quality, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website and the payment gateway is at your risk.

LIMITATION OF LIABILITY

The User agrees that neither FP nor its directors or employees shall be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use/delivery/performance or the inability to use/deliver/perform the Service or for replacement cost or resulting from the Services subscribed to or obtained or messages received or transactions entered into through or of User's transmissions or data. The User further agrees that FP shall not be liable for any damages arising from interruption, suspension or termination of Service, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. The User also agrees that his sole remedy under this Terms of Use is cancellation of the Service. By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, and as a condition of the website to allow his lawful viewing, User forever waives all rights to claim any damage or compensation or direct, indirect or consequential loss.

INDEMNIFICATION

Users agree to indemnify and hold FP, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from member’s use of this website or from member’s violation of this Agreement or any third party’s rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and member’s use of this website.

NO PARTNERSHIP

None of the provisions of these terms shall be deemed or presumed to constitute a partnership or agency between you and FP and you shall have no authority to bind FP in any manner whatsoever.

ASSIGNMENT

In FP’s sole and unlimited discretion, FP may transfer its rights and obligations (also known as “assign”) under this terms without your prior express consent or knowledge, provided that FP assigns the terms and the agreement thereunder, on the same terms or terms that are no less advantageous to you.

ARBITRATION

If any dispute arises between you and FP during your use of the Website or services thereof, in connection with the validity, interpretation, implementation or alleged breach of any provision of this term of service, any other guidelines or privacy policy available on our website or any other document incorporated by reference made thereunder, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by FP. The place of arbitration shall be Hong King. The Arbitrator, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

APPLICABLE LAW and JURISDICTION

This Terms & Conditions Agreement has been drafted in accordance with the laws, regulations and guidelines of State of Hong Kong and your use of FP shall be governed by the Arbitrator is the first and exclusive court of jurisdiction for any litigation should it arises.

PROTECTION OF DATA

The protection of your data is very important to us. Please read our Privacy Policy for more information.

EXTERNAL LINKS

Our Website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. We assume no liability for the content of external link and we cannot take any responsibility for the content, data protection, or privacy practices of third party websites.

NOTICES

Any notice you make to FP must be made on info@flavoursplace.com. We shall reply to the notices within 15[Fifteen] days. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. We may give you notice by certified mail (provided to us during registration), postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

GENERAL AGREEMENT

These Terms & Conditions along with our privacy policy and membership rules shallconstitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

DISCLAIMER

FP IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE WEBSITE, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. FP IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR MEMBER OF THE SERVICE. PCASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. FP IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL FP BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. THE WEBSITE AND THE SERVICE ARE PROVIDED "AS-IS" AND FP MAKES NO WARRANTIES OF ANY KIND RELATING TO THE SERVICES AND EXPRESSLY DISCLAIMS ANY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FP CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE.

WAIVER

The failure of FP to exercise, avail or enforce any right or provision of the Terms of services shall not constitute a waiver of such right or provision. The Terms of services constitutes the entire agreement between you and FP and govern your use of the test, superseding any prior agreements between you and FP (including, but not limited to, any prior versions of the Terms of services).

FORCE MAJURE

FPmaintains that we shall not be held liable for any failure or departure from any duty laid down in present terms of service and privacy policy which has happened due to circumstances beyond our reasonable control which includes but is not limited to natural disasters like flood, earthquake, acts of god, war, terrorism, religious and other riots, economic and technological embargoes etc.

SEVERABILITY

Every clause of these terms of service is lawful unless adjudicated otherwise by a competent court as defined in the terms of use. FP maintains that if any of the clauses or section of these terms of service is adjudicated as unenforceable by a competent court, it shall not affect the enforceability of the rest of the policy. The rest of the content of this agreement shall continue to be in force without any change in understanding.

CONTACT US

We have made available the contact of our grievance officer at our website. You can contact him directly through info@flavoursplace.com.

Additionally, you can always contact us at Unit 706, South Seas Centre, Tower 275 Mody Road, Kowloon, Hong Kong) for any trouble, confusion or dispute regarding our terms of service. We do not accept reservations to our policy.

The website www.FlavoursPlace.com is owned and operated by Flavors Market Limited with official address at Unit 706, South Seas Centre, Tower 2, 75 Mody Road, Kowloon, Hong Kong.

We wish you a successful and fun shopping with us.

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