Terms and Conditions

Application and Acceptance of the Terms

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

Welcome to www.bomcan.com! These Terms of Use describe the terms and conditions applicable to your access and use of the website at www.bomcan.com a “Site”. This document is a legally binding agreement between you as the user(s) of the Site (referred to as “you”, “your”, "Customer" or “User” hereinafter) and the bomcan.com entity (referred to as “we”, “our” or “bomcan.com” hereinafter).

 

1. Application and Acceptance of the Terms

1.1 Your use of the Site and bomcan.com’s services and products (collectively the as the “Services” hereinafter) is subject to the terms and conditions contained in this document and any other rules and policies of the Site that bomcan.com may publish from time to time. This document and such other rules and policies of the Site are collectively referred to below as the “Terms”. By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms.

1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age (at least 16 years old) to form a binding contract with bomcan.com, or (b) you are not permitted to receive any Services under the laws of local countries / regions including the country / region in which you are resident or from which you use the Services.

1.3 You acknowledge and agree that bomcan.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.

1.4 If bomcan.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.

1.5 You may be required to enter into a separate agreement, whether online or offline, with bomcan.com or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.

1.6 The Terms may not otherwise be modified except in writing by an authorized officer of bomcan.com.

 

2. Users Generally

2.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.

2.2 You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with bomcan.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from bomcan.com is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.

2.3 bomcan.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web site. You are cautioned to read such web site' terms and conditions before using the Site. You acknowledge that bomcan.com has no control over such third parties' web site, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.

2.4 You agree not to undertake any action to undermine the integrity of the computer systems or networks of bomcan.com and/or any other User nor to gain unauthorized access to such computer systems or networks.

2.5 You agree not to undertake any action which may undermine the integrity of bomcan.com’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.

2.6 By posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to bomcan.com or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to bomcan.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, such as using as product description on bomcan.com, advertising outside bomcan.com in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site.

 

3. Member Accounts

3.1 User must be registered on the Site to access or use some Services (a registered User is also referred to as a “Member” below). Except with bomcan.com’s approval, one User may only register one member account on the Site. bomcan.com may cancel or terminate a User’s member account if bomcan.com has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, bomcan.com may reject User’s application for registration for any reason.

3.2 Upon registration on the Site, bomcan.com shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.

3.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify bomcan.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

3.4 Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.

3.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to bomcan.com or other Users of the Site. Member shall indemnify bomcan.com, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, bomcan.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.

 

4. Member’s Responsibilities

4.1 Each Member represents, warrants and agrees that they have full power and authority to accept the Terms in this agreement.

4.2 Member will be required to provide information or material about your entity as part of the registration process on the Site for a member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

4.3 Upon becoming a Member, you consent to authorize bomcan.com to store and use your information in accordance.

4.4 Each Member represents, warrants and agrees that any User Content that they submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”).

4.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:

  1. a) be true, accurate, complete and lawful;
  2. b) not be false, misleading or deceptive;
  3. c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
  4. d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  5. e) not contain any link directly or indirectly to any other web Site which includes any content that may violate the Terms.

4.6 Each Member further represents, warrants and agrees that you shall:

  1. a) carry on your activities on the Site in compliance with any applicable laws and regulations;
  2. b) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
  3. c) not use the Services or Site to defraud any person or entity;
  4. d) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
  5. e) not engage in spamming or phishing;
  6. f) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
  7. g) not involve attempts to copy, reproduce, exploit or expropriate bomcan.com’s various proprietary directories, databases and listings;
  8. h) not 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;
  9. i) not involve any scheme to undermine the integrity of the data, systems or networks used by bomcan.com and/or any user of the Site or gain unauthorized access to such data, systems or networks;
  10. j) not engage in any activities that would otherwise create any liability for bomcan.com or our affiliates.

4.7 Member may not use the Services and member account messaging to engage in activities which are identical or similar to bomcan.com’s e-commerce business.

4.8 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for bomcan.com’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, bomcan.com shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.

4.9 Member acknowledges and agrees that bomcan.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. bomcan.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.

 

5. Transactions Between Customers and bomcan.com

5.1 Customers agrees to provide all information and materials as may be reasonably required by bomcan.com in connection with orders placed at bomcan.com. bomcan.com has the right to suspend or terminate any Customers account if the Customer fails to provide the required information and materials or provides inaccurate or fraudulent information.

5.2 Each User agrees that bomcan.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any use or storage of any products purchased from bomcan.com.

5.3 bomcan will maintain all applicable PCI DSS standards and protect all data provided by the cardholder.

5.4 When you make a purchase, you agree that the risk of loss transfers from bomcan to you from the moment we deliver your order to the carrier.

You will bear all related liabilities and risks during the third-party transportation of your order.

 

6. Limitation of Liability

6.1 To the maximum extent permitted by law, the services provided by bomcan.com on or through the sites are provided "as is", "as available" and “with all faults”, and bomcan.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. all such warranties, representations, conditions, and undertakings are hereby excluded.

6.2 To the maximum extent permitted by law, bomcan.com makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the sites; bomcan.com does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the sites does not violate any third party rights; and bomcan.com makes no representations or warranties of any kind concerning any product or service offered or displayed on the sites.

6.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to bomcan.com’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from bomcan.com or through or from the Site shall create any warranty not expressly stated herein.

6.4 Each User hereby further agrees to indemnify and save bomcan.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that bomcan.com is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. bomcan.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with bomcan.com in asserting any available defenses.

6.5 bomcan.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, equity or otherwise or any other damages resulting from any of the following.

  1. a) the use or the inability to use the Site or Services;
  2. b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
  3. c) unauthorized access by third parties to data or private information of any User;
  4. d) statements or conduct of any User of the Site; or;
  5. e) any matters relating to Services however arising, including negligence.

6.6 Notwithstanding any of the foregoing provisions, the aggregate liability of bomcan.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to bomcan.com or our affiliates during the calendar year and (b) HK$1,000. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose.

6.7 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not bomcan.com has been advised of or should have been aware of the possibility of any such losses arising.

 

7. Force Majeure

7.1 Under no circumstances shall bomcan.com be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our 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.

 

8. Intellectual Property Rights

8.1 bomcan.com is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with bomcan.com, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by bomcan.com are hereby reserved.

8.2 "BOMCAN.COM" and related icons and logos are registered trademarks or trademarks or service marks of bomcan.com.

8.3 bomcan.com may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.