Acceptance of Terms
A warm welcome to www.cssmobi.com (“Our Website”) developed and managed by CSS Enterprises Ltd. (“CSS”, “we” or “us”)! Reference to Our Website also includes our other websites including but not limited to our mobile site. By accessing or using Our Website, you are deemed to have agreed to this TOU and if you plan not to submit to it this TOU please leave Our Website immediately.
Age Limit for Using Our Website
By registering with Our Website and in consideration of us providing to you our services, you represent that you have attained the legal age to be abide by a legal contract and specifically this TOU. Otherwise, we would require that your guardian email to us his or her specific consent and agreement to acceptance of full legal responsibility for you to use Our Website under supervision without which you must immediately stop accessing or using Our Website.
Our service (“Service”) is to deliver promotional incentives such as coupons, savings notices, rebates and trial offers via the internet or other mobile platforms on behalf of our corporate clients (“Vendors”) to consumers (“Members”, “End User”). Members or End Users may download such promotional incentives offered by the Vendors and the use of such incentives are governed by other terms and conditions specifically designed by the Vendors, to which we do not have any control or responsibility.
Personal and Lawful use only
Our Website and our Services are solely for your personal, non-commercial use. You agree to use Our Website and our Services only for lawful purposes and acknowledge that your failure to do so may subject you to civil and criminal liability. Any commercial or other unauthorized use, including but not limited to publication, re-transmission or distribution of any content of Our Website, except as permitted by the applicable laws and regulations or expressly permitted by us, are strictly prohibited.
Upon registering with our Website, you will be designated an account and a password. You will take full responsibility of what happens under your account. It will also be your responsibility to keep your password confidential for security reason and we will not be liable for any loss or damage arising from your failure to do so. Thus, we recommend that you notify us to make appropriate arrangements to vary your account details once you discover that your account has been accessed without authorization. We are serious about protecting our Members' information. Your account information is located on a secured server. When you enter sensitive information such as your password, we encrypt that information using secure socket layer technology (SSL).
Disclaimer and Limitation on Warranty
You expressly understand and agree to the following:-
Content and Use
Although we strive to keep Our Website a secure, bug-free, a safe environment and to maintain accessibility to it, you agree that we are providing Our Website and our Service on an “as is” basis without express or implied warranty of any kind, including but not limited to accuracy of the contents (including advertisements and promotional materials therein), merchantability and fitness for use for a particular purpose. We are not liable for any damages, including but not limited to direct, incidental, consequential, punitive or special damages in connection with or arising out of your use or inability to use Our Website and our Services.
Damage to systems or devices
You are accessing Our Website or downloading contents from it at your sole discretion and risk. You hereby waive any and all claims with respect to any damage to your computer system, mobile phone, any other portable communication devices, internet access related devices or software as a result of you accessing Our Website or downloading contents from it.
Third Party Sites
You may elect to be transferred to third party sites through frames or links on Our Website. This merely serves as a gateway to such sites owned by our business partners. We do not have any control over the operation of such third party sites, their contents, products or services and we do not review or monitor them. You understand and accept that we do not have any responsibility over the quality of products or services offered on such third party sites, as well as the accuracy, legality and decency of the information available therein. You are visiting such third party sites and using information therein at your own risk.
Direct Contract with Vendors
We are a platform where our Vendors make available their promotional incentives to the public. Such promotional incentives are provided by our Vendors who determine the particular terms and conditions for their use which we do not have control over. The use of them constitutes direct dealings and contracts between you and the particular Vendor and we do not take any responsibility in the quality of service related to consumption of the promotional incentives of our Vendors and shall not be liable for any loss or damage resulted from the use of them. The Vendors also has the entire discretion to amend such terms and conditions or terminate the use of such promotional incentives at any time without prior notice.
Upon becoming our Member, if you opt to receive our mobile services these will be sent automatically through our system to your registered mobile phone number. We do not impose any charge on you for sending these messages but please be aware that your carrier's normal rates and fees may still apply for you to: (1) receive such messages, (2) browse content on any mobile sites or (3) download any content from such sites. In the event that you change your mobile phone number, please update your account information as soon as practicable to ensure that your messages will reach you but not any other party.
Limitation of Liability
By using Our Website or our Service, you agree to release us, our subsidiaries or affiliates, our directors, officers, employees and agents from any claims and damages arising out of or in anyway connected with any claims you have against any of our Vendors and any applicable third parties arising from the use or consumption of promotional incentives available on Our Website. Our aggregate liability arising out of this TOU, if and only where applicable, will not exceed one thousand Hong Kong dollars (HK$1000) or the amount that you have paid us in the past twelve months, whichever is the lower.
The content available on Our Website is the property of CSS, our content suppliers who have granted license for us to use them and protected by international copyright, patent and/or trademark laws, or is legitimately owned by our Vendors or the respective owners. The compilation of all content on Our Website and in other materials published by us is our exclusive property and protected by international copyright, patent and/or trademark laws. You agree to use our content in strict compliance with terms of this TOU. In particular, you must NOT, except where and to the extent you have been granted prior express written consent from us or that it is expressly permitted through Our Website (usually for printing out or downloading the promotional incentives for presentation to the relevant Vendors issuing them),:-
If you wish to create hyperlink to Our Website, you must submit your request to email@example.com and can only do so after receiving a positive confirmation from us. When granted our authorization to hyper linking to Our Website, you must not hold out or expressly or impliedly represent any affiliation with, or any endorsement or sponsorship of your site, services or products on our part unless with specific written consent from us.
The terms provided in this TOU, as amended from time to time, shall remain effective unless and until terminated by us. We may terminate this TOU or amend any term herein at any time without prior notice. Any amendment made by us will become effective immediately upon posting on Our Website. The latest update time will be posted at the end of this TOU. Upon termination of this TOU, we may deny you access to the Site, and you must promptly destroy all materials downloaded or otherwise obtained from Our Website, as well as all copies thereof.
If you wish to unsubscribe from our newsletters or Service or cease to be a Member, you may follow the procedures to ‘Unsubscribe’ either through our newsletters on Our Website and please allow us 72 hours in processing such request, pending which you may expect to still receive communications from us.
Violations and Indemnity
In the event that we discover or reasonably suspect of any violation of this TOU by any Member or End User, we may in our sole discretion conduct an investigation, suspend or terminate his or her Account with or without prior warning. We also reserve the right to take legal action to claim for loss, damages and/or recover legal fees incurred by us due to any Member or End User’s misconduct in using Our Website or breach of this TOU. Nothing contained in this TOU shall be construed as limiting the actions we or our Vendors may take or remedies available in any way with respect to any undesirable activity or conduct. Non-enforcement of any term of TOU does not constitute consent or waiver of our rights.
Where we face any claim against us related to any Member or End User’s actions or use content of Our Website prohibited under or not expressly permitted in this TOU, such Member or End User will indemnify and hold us harmless from against and keep us indemnified all damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to such claim.
This TOU is subject to and interpreted in accordance with the Law of the Hong Kong Special Administrative Region of the People’s Republic of China. You hereby submit to the non-exclusive jurisdiction of the Hong Kong Courts in case of any dispute or claims arising out of this TOU.
If you have questions regarding the use of Our Website or our Service, please contact your local CSS Mobile Promotions Service Desk.
Last Updated: 25th July 2011