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Help >Terms and Conditions
Terms and Conditions
1. TERMS AND CONDITIONS
Flog It is Hong Kong's premier online trading site. These Terms and Conditions are intended to assist keeping Flog It as a secure trading community.
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1.1 Acceptance of terms and conditions: The Terms and Conditions below are the terms and conditions on which Flog It offers you to have access to its service and the web site. By registering as a member of Flog It, you are considered to have accepted these Terms and Conditions. If you do not accept these terms and conditions, you must refrain from using the service. |
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1.2 Amendment of terms and conditions: These Terms and Conditions may be amended in whole or in part by Flog It from time to time. Amendments will be effective immediately upon being posted on this web site. You are responsible for ensuring that you are familiar with the latest Terms and Conditions. Your continued use of the service provided by Flog It represents your agreement to be bound by the terms and conditions as amended. |
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These Terms and Conditions were last updated on 30th March 2007 |
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1.3 Terminology: In these Terms and Conditions, the following words and expressions have the following meanings: |
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．item' means goods that may be bought or sold through the auction or classified process;
．member' means a registered member of Flog It;
．service' means any service offered by Flog It from time to time, including online auctions, classifieds, message boards and any other service that Flog It may offer;
．we', ．us' and ．our' are a reference to Flog It;
．you' and ．your' are a reference to you;
．web site' means any Flog It web site through which the service is offered;
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．listing' means listing on the web site through which you offer, negotiate, buy or sell any item, whether by auction or classified. |
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Words importing the plural should include the singular and vice versa, words importing any gender should include every gender and references to a person should be construed as references to an individual, firm, company, corporation or unincorporated body of persons. |
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2. SPECIFIC WARNINGS
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2.1 The service: Flog It provides a venue to introduce members who want to buy and sell items. Flog It does not take any part in any sale of items other than by providing its web site as a venue for members. If a bid is accepted by a Seller, a contract of sale will be formed between the Buyer and the Seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members. For avoidance of doubt, even though some of the service is being referred to as an auction, Flog It is not an auctioneer. |
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2.2 At your own risk: Transaction and all other contract between you and other members are conducted entirely at your own risk. You understand, acknowledge and agree that Flog It takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Flog It gives no undertakings, representations, or warranties in relation to item sold or listed on the web site, including: |
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1. the ownership of any item; |
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2. the physical condition, size, authenticity, content, safety, description, worthiness, quality, or legality of the items that are listed on the web site; |
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3. the accuracy or truth of listing; |
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4. whether any item will meet your requirements or expectations; or |
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5.the ability of members to complete a transaction. |
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Flog It makes no guarantee, representation, warranty or agreement with respect to the selling price of any item and any estimate with respect to selling price is for information purposes only. |
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2.3 Disclaimer: You expressly understand and agree that: |
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1. your use of the service is at your absolute sole risk. The web site and service are provided on an ：as is； and ：as available； basis. To the maximum extent permitted by law and without limiting the generality of clauses 2.2, Flog It disclaims and excludes all express and implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness, physical state and condition, quality and legality for a particular purpose, non-infringement or otherwise in relation to the item; |
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2. Flog It does not warrant that i) the service provided will be always uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the web site is error-free or reliable; |
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3. Flog It shall have complete discretion as to the manner in which the sale is conducted. |
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4. no advice or information that is obtained by you from Flog It or anyone else shall create any warranty or obligation by Flog It that is not expressly stated in the terms and conditions; and |
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5. the responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertiser, that is the person who advertises. The placement of such advertisements on he web site does not constitute Flog It's preference, recommendation or endorsement of the advertised product or service. You expressly acknowledge that it is each advertiser who is solely responsible for any representation made in connection with its advertisement. |
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2.4 Liability: You expressly agree and acknowledge that, to the maximum extent permitted by law, Flog It shall not be responsible for any loss, damage, suffer, harm or liability caused to you or any other person under or in connection with these Terms and Conditions, or in connection with the service, this web site, another member's acts or omissions, in relation to your use of or your inability to use the service or this web site arising in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Flog It's liability and responsibility is expressly excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. |
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2.5 Indemnity: You agree to indemnify and keep indemnified Flog It from and against all actions, claims, cost (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by Flog It to any person arising out of or in connection with any inaccuracy of any representation or warranty made by you in connection with the sale, your failure to comply with these Terms and Conditions, your failure to complete a transaction, your use of Flog It's message boards, your sale or attempted sale of an item prohibited under clause 4, or arising out of any content or item you submit, post, transmit, or make available through the service, any claims of third parties claiming or challenging title to any item or claiming infringement of any copyrights or similar proprietary interests, or the claims of Buyers, persons claiming for Buyers or any other person resulting from the sale of the item. |
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2.6 Breach: Without limiting any other rights, remedies and entitlements available to Flog It, Flog It may at its sole determination limit your activities on the web site, remove your bids or listing, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our service to you if you breach any of these Terms and Conditions or where Flog It considers it fit and appropriate so to do. |
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2.7 Additional rules: In addition to the terms and conditions set out in this Terms and Conditions, you hereby expressly acknowledge that the Banned and Restricted Items list and the Listing Policies also form part of these Terms and Conditions. |
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3. BECOMING A MEMBER
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3.1 Becoming a Member: Becoming a member on web site is free. You may only register as a member of the service if you are a resident (permanent or temporary) in Hong Kong and can form a legally binding contract that is enforceable against you. For example, you must be 18 years old or above. By registering as a member, you are considered to have held yourself out as being able to form a legally binding contract and you agree to be bound by the contract. |
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3.2 Accurate Information: You warrant that you will at all times provide complete, accurate, true and current personal information when registering as a member. You agree to maintain and update your personal information provided to and held by Flog It to ensure it is kept current at all times. You must not register as a member of Flog It under multiple identities or personas (whether they are true identities or information or otherwise). Flog It may contact you by way of phone or mail (including email) you to verify these details. |
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3.3 Termination of membership: Flog It hereby expressly reserves the right to decline to register you as member or to terminate your membership without entering into further discussions with you. Without limiting the generality of the foregoing, Flog It may terminate your membership if a serious complaint or multiple complaints are received about you from other members, you breach these Terms and Conditions, you impersonate another member, or Flog It, at its absolute discretion, deem your behaviour to be unacceptable. Member who has registered under multiple aliases will have all of his aliases disabled should his membership is terminated pursuant to this sub-clause. |
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3.4 Security of your login information: You have the sole responsibility to keep your login information, including your email address and password, secret and secure. Without limiting the generality of the foregoing, you agree and warrant: |
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1. not to permit any other person to use your user name or membership; and |
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2. not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your membership. |
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Flog It should not be responsible for any loss, damage, suffer caused to you in relation to any mis-use of login information as stipulated in this clause. |
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4. GENERAL RULES
You represent and warrant that you have the right to sell the item for sale; that the item is, and until the completion of sale will be free and clear of all encumbrances of others or restrictions and that good title and right to possession will pass to the Buyer free of any such encumbrances or restrictions. You agree that the representations and warranties shall survive the completion of the transactions. You agree to notify Flog It promptly in writing of any events or circumstances that may cause the foregoing representations and warranties to be inaccurate or breached in any way.
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4.1 General |
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1. You agree that all listings, bids or communications made to, via or through Flog It shall be made in good faith. |
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2. You agree not to damage, interfere or harm or attempt to damage, interfere or harm the web site or service, or any network, or system (tangible, intangible, software, on internet or otherwise) underlying or connected to them, including but not limited to by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose. |
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3. You agree that you shall not list your email address, phone number or any other contact detail (personal or otherwise) whether within the description of listings, listing comments and/or questions, in your member profile, or in the Flog It message boards. |
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4. You agree that you shall list auctions and classifieds in currency of Hong Kong dollars. All tax liabilities and obligations are solely on the responsibility of the Seller and/or the Buyer (as the parties determine). Flog It shall not be deemed to be responsible for any tax liabilities in relation to any transactions between any members of service. |
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5. You agree you shall not complete a transaction with any member outside of the Flog It process or otherwise seek to avoid Flog It's success fees or seek to avoid payment of sums payable under these Terms and Conditions to Flog It. Any attempts by you to avoid such fees or sums, including through multiple memberships, premature auction withdrawal, or otherwise, shall entitle Flog It to suspend or terminate your membership immediately at the discretion of Flog It. |
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6. You undertake not to use the service or the web site to promote item for sale outside the service. |
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7. You agree and acknowledge that Flog It membership is personal to you and therefore not transferable that the same cannot be sold, traded, transferred or in any way disposed of without the consent of Flog It. |
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4.2 Your obligations as a Seller |
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：Seller； in these Terms and Conditions means a member who sells or intends to sell any item to another member at cost. |
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As a Seller, you undertake, agree and warrant the following: |
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1. You must be located in Hong Kong Special Administrative Region (China). Seller outside of Hong Kong Special Administrative Region (China) is not permitted to sell on Flog It. |
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2. You will only enter listing that are correct, accurate, current, complete, and include all relevant information about the sale, payment terms, shipping methods and who bears the cost of postage or shipment. You must list an item in one category only which must be the most appropriate category for the item. |
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3. You will only place listing for item that exist and are to be sold. You will act in good faith not to list item that you are not legally entitled to sell or that are not in your possession. You will not sell or offer for sale any of the banned or restricted items on the site. In the case of automobiles that are offshore or in transit to Hong Kong, you must hold clear proof of ownership of such vehicles before listing them on the web site. You must also clearly indicate that such vehicles are either offshore or in transit in the listing. |
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4. You agree to pay all costs and expenses of packing, transport and delivery of the item to the Buyer. While Flog It will on request suggest a carrier, it accepts no responsibility therefor, and packing, transport and delivery of the item will be at Seller's sole expense and risk. |
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5. You must not sell illegal, offensive (including anything of a defamatory, pornographic, or racially or ethically objectionable nature), stolen, or unsafe items, items which infringe copyright law or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete a transaction, or any item of which the sale is restricted or prohibited by, or violates any law (including the laws of Hong Kong Special Administrative Region (China)). You are responsible for ensuring that any item listed by you does not breach this sub-clause. You hereby expressly agree and permit Flog It to disclose your personal information, including your name and contact details, to the relevant Hong Kong governmental departments, overseas monitoring authorities, parties, bodies and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this sub-clause at any time (such consideration shall be at Flog It's sole determination). |
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6. You represent and warrant that there are not and until the completion of sale there will not be any restrictions on Seller's right to photograph or reproduce photographs of the item or to exhibit the item for sale. |
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7. You represent and warrant that you are the sole and absolute owner of the item that you have the right to sell it. |
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8. When you list an item for auction on Flog It, you should do so with the intention of selling this item through the service. Therefore you should not advertise your item through another forum while the same is being put up for sale on web site. If you remove a listing for an auction, you agree that you will be charged a non-refundable withdrawal fee at the absolute determination of Flog It, regardless of the reason. |
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9. Flog It classifieds may be used by individuals or businesses to sell specific item only and must not be used for multiple or generic item listing. |
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Your listing may contain a URL for a website that contains further information on the item you have listed. However you agree that this website shall not offer any item for sale, or contain contact details. You agree that you shall not use Flog It listing to promote a business or web site other than a Flog It web site. |
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You shall not use the service or the web site to sell an item that is of a speculative nature including, but not limited to pyramid, surf-for-free, or similar schemes. |
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You shall not manipulate prices through ghost-bidding or assuming multiple roles in any or all single transactions. |
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For auctions, you shall sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success. |
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For classifieds, you may choose to sell to any member at your discretion. |
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You will only list adult rated content (videos, magazines, dvds etc) in the Adult category. You acknowledge that any adult content listed in non-adult categories will be immediately removed or moved to the adult category at a charge as determined by Flog It. |
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Listings will not be pre-screened for content. Flog It reserves the right to remove any listing that it deems unsuitable or in breach of the Terms and Conditions. |
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You shall not link a listing to any page outside the web site unless the page directly promotes the sale of the item in the listing. |
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You shall promptly forward the listed item to the successful Buyer on completion of the transaction. |
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You shall not charge unreasonable amounts for shipping and packaging costs. |
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If you are selling a motor vehicle on Flog It, you agree and warrant to: |
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a) attach to the motor vehicle, in a prominent position, a Supplier Information Notice (SIN). In particular, you must state on the SIN any security interest registered over the motor vehicle; and |
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b) ensure that the Buyer of the motor vehicle takes the motor vehicle free of any security interest or incumbency. |
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4.3 Your obligations as a Buyer |
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：Buyer； in these Terms and Conditions means a member who buys or intends to buy an item from another member at cost. |
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As a Buyer, you undertake, agree and warrant that: |
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1. You are located in Hong Kong Special Administrative Region (China) to buy an item on Flog It. People outside of Hong Kong Special Administrative Region (China) are not permitted to purchase item off, from, on or through Flog It. |
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2. Your bids shall not be retractable once the bidding is closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable. |
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3. As soon as you are notified that your bid has been successful, you shall complete the transaction in a particular manner required. By making a bid, you warrant and represent that you have the legal right to enter into and complete a transaction. |
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4. You shall make full and prompt payment for an item bought by you as soon as you are notified of a successful bid. |
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5. In the event of non-payment by the Buyer, the Seller in its sole discretion may cancel the sale and enforce payment by the Buyer or take any other actions permitted by law. Flog It shall not, under any circumstances, be liable for any incidental or consequential damages resulting to Seller as a result of a breach or failure by the Buyer. |
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6. If your bid is successful and you do not pay for the item, you will receive a warning (either verbal or written) from Flog It if the seller complains about you. After three such complaints, Flog It may at its discretion suspend or terminate your membership. |
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7. Your user name and the amount of your bid shall be publicly shown on the Flog It web site. |
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8. You shall only access the adult category if you are 18 years old or above. |
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9. You shall not bid on an auction that has been listed by a person who is your family member, flatmate, friend or any member that is personally known to you, in order to raise the price of that auction. |
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4.4 Feedback |
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1. You agree that any feedback you give or provide to or on other members shall not contain offensive, defamatory or inappropriate language. Flog It reserves the sole rights to remove those feedback from web site which are considered offensive, defamatory or in inappropriate language. |
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2. You agree that you shall only give feedback to member that relates to a specific transaction. You shall not post feedback on a transaction that does not relate to a specific transaction. |
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3. You shall not post feedback about yourself or include any contact details or personal information in your feedback. |
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4.Feedback is provided for the sole purpose of facilitating trading between members on the Flog It web site. You agree that you shall not market or export any feedback to any venue other than the Flog It web site. Linking to your Flog It feedback from other buying and selling web sites will be considered a breach of these Terms and Conditions. |
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| 5. FEES AND ACCOUNTS |
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5.1 Flog It Listing Fees and Success Fees |
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1. Flog It shall charge fees for the use of the web site as a venue from either the Buyer or Seller or both, as appropriate for the service or services provided by Flog It. |
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2. Flog It's current fees are listed on our fees page in the help section. |
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3. For its services, Flog It will receive from the proceeds of the sale as a commission from Seller an amount equal to [a%] of the final bid on each item sold. There will be a minimum commission charge of [$] per each item sold. |
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4. Non-commission listing fees shall be charged at the time of listing and are not refundable. Flog It may (at its sole discretion) refund a commission or success fee charged on completed auctions if the sale is not successfully completed, provided that a member follows our defined refund process. Flog It will only issue refunds in the form of credit to the Flog It account of the member. Cash refunds will not be issued. Credits on accounts with Flog It are not transferable between members. |
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5. Flog It reserves the right to change the fees charged for any of our service at any time. In the event that Flog It introduces a new service, the fees for that service are effective at the launch of the service, unless otherwise stated. |
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6. Flog It reserves the rights to investigate queries regarding the refund of success fees with bidders, other members, Internet Service Providers, and any other relevant party. |
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7. Before listing an item, it is your responsibility to check and review the relevant fees to ensure that you are aware of the fees that you will incur while using the service. |
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8. You agree that you shall pay the relevant fees immediately upon the same is demanded by Flog It. |
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5.2 Flog It Accounts |
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1. Flog It shall maintain credit accounts for each member. Each member must pay fees including payment of advance listing options to Flog It promptly without undue delay. Flog It account may not be used for the payment of item sold using the service. |
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2. Any payment to your Flog It account of an amount less than HK$50 (HONG KONG CURRENCY DOLLARS FIFTY ONLY) shall be charged a HK$10 (HONG KONG CURRENCY DOLLARS TEN ONLY) handling fee that is payable to Flog It. |
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3. You must settle any outstanding account balance immediately. Flog It reserves the right to take legal action against you to recover outstanding debts. You are liable for all expenses (including legal fees and expenses) that Flog It will incur when collecting that debt. |
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4. If your membership is terminated for reasons not being attributed to your fault or failure to observe any of these Terms and Conditions, Flog It will refund the balance of your credit account to you, less a HK$30 (HONG KONG CURRENCY DOLLARS THIRTY ONLY) manual processing fee that is payable to Flog It. Consequently, no refund will be made if the account balance is below HK$30 (HONG KONG CURRENCY DOLLARS THIRTY ONLY). If your membership is removed due to breach of the Terms and Conditions, it is at our discretion whether you are eligible for a refund. Promotional giveaways of Flog It credits, bonus credits, or any free credits gifted to the member on registration will not be refunded. |
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5. If you have not logged on to the web site for a period of 12 calendar months, any unused balance on your account shall be absolutely forfeited to Flog It and your membership will be suspended accordingly. |
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6. GENERAL PROVISIONS
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6.1 System Integrity: Flog It will use its reasonable endeavours to ensure the availability of the web site and service, subject to any downtime required for maintenance. However, Flog It takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or service being unavailable. Further, Flog It assumes no responsibility whatever for the corruption of any data or information held by Flog It. |
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6.2 Resolution of disputes: As Flog It will not be a party to any sale or transaction between you and another member, you agree and undertake not to involve, or attempt to involve, Flog It in any dispute or in the resolution of disputes that arise between you and another member as a result of the service provided. For avoidance of doubt, in the event of any disputes arising hereunder, Flog It shall not be liable to you for any incidental or consequential damages whatsoever. |
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6.3 Flog It message boards: Flog It provides Message Boards for the use of Flog It member. The Message Boards may not be used to promote auctions, websites or any commercial or business activity. Flog It is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board, you agree to take full legal responsibility and liability for your comments thereof, including any offensive or defamatory statements. |
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6.4 Flog It reserves the right not to place any of the items for sale for any reason. Flog It further reserves the right to withdraw any item at any time in its sole discretion. |
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6.5 Force Majeure: Without prejudice to clause 2.3, Flog It has no liability for any lack of performance, unavailability or failure of the service or the web site, or for any failure of Flog It to comply with these Terms and Conditions where the same arises from any cause beyond the control of Flog It. |
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6.6No waiver: If Flog It does not exercise or enforce any right available to Flog It under these Terms and Conditions, it does not constitute a waiver of those rights by Flog It to take action against you pursuant to these Terms and Conditions. |
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6.7 Partial Invalidity: If any provision of these Terms and Conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue to be enforceable in full force and effect. |
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6.8 Governing Law: These Terms and Conditions are governed by the laws of Hong Kong Special Administrative Region (China). You hereby irrevocably submit yourself to the non-exclusive jurisdiction of the courts of Hong Kong. |
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6.9 Intellectual Property Rights: Flog It (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the service and the web site. You shall not without Flog It prior written permission, in any form or by any means: |
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1. adapt, reproduce, copy, store, distribute, print, display, perform, publish or create any derivative works from any part of this web site; or |
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2. commercialise, copy, or on-sell any information, or item obtained from any part of this web site. |
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6.10 Entire agreement: These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the Flog It and you, relating to the subject matter of these Terms and Conditions. |
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6.11 Privacy: Flog It shall be entitled to collect personal information about you through your use of the service and the web site, including: |
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1. your registration details; and |
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2. information relating to your use of the web site and the content you access. |
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You hereby irrevocably agree that Flog It may use this personal information to assist Flog It to provide the service to you, for internal research purposes, to verify your identity, for promoting and marketing other Flog It products and services to you, and for any other use that you may authorize. |
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We will not sell or allow third parties to access your personal information without your consent, however you agree that Flog It may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of clause 4.2 at any time. |
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