Terms and Conditions

Terms and Conditions

B2BE Terms and Conditions

Thank you for using the B2BE Web Portal and other services (“Services”) provided by B2BE Holding Corporation Limited (“B2BE”), a company incorporated in Hong Kong.

By using or accessing the Services, you are agreeing to be bound by the terms in this user agreement (“Agreement”).

USING OUR SERVICES

The definition of “using or accessing the Services” also includes you downloading the Services and registering yourself as a user of the Services. In the course of registration or login, you shall be required to indicate your agreement to abide by this Agreement without modification by you. If you do not agree, you may not use the Services.

The Services are intended solely for users who are 13 years of age or older, and any registration, use or access to the Services by anyone under 13 years of age is unauthorized, unlicensed and in violation of this Agreement. For minors who are between 13 years of age and the age of majority where you live, you must have valid parental or legal guardian consent to be bound by the terms of this Agreement. By using the Services, you represent that you have either reached the age of majority where you live or have valid parent or legal guardian consent to be bound by this Agreement.

If there are additional or separate terms applicable in specific countries or territories, those terms shall apply to you if you are a citizen or resident in those countries or territories and you shall comply with those terms in using the Services.

Our Services are provided to you with an interface via which you may access the Services. You are not permitted to use these Services via any other method than the provided interface. You are expected to use the Services within the bounds permitted by law and local regulations.

Our Services may display content that is not B2BE’s and this content is the sole responsibility of the entity that makes it available. Content that is found to be illegal or violates our policies may be removed or blocked from being displayed. B2BE does not actively review content, and objectionable content should be reported to B2BE.

If you are using the Services on a mobile device, do not use them in a way that distracts you or prevents you from obeying traffic or safety laws.

YOUR PRIVACY

B2BE’s Privacy Policy explains how we use and protect your personal data. By using our Services, you agree that B2BE can use this data in accordance to the Privacybeleid.

YOUR ACCOUNT

You can register for an account or be assigned an account by an administrator such as employer. If your account is created by an administrator, they may be able to access your account details and change the access permissions of your account.

You are responsible for safeguarding the username and password used to access your account and the Services. Any activity conducted under your user ID is deemed conducted by you. You shall notify B2BE immediately if you reasonably suspect the security and safety of your account have been compromised or threatened.

You may deactivate your account with the Services at any time. B2BE reserves the rights to suspend, deactivate or delete an account without giving prior notice to the account holder if B2BE reasonably believes that there is a breach of the terms by the account holder.

B2BE reserves the rights to deactivate and/or delete any account that has been inactive for a period of one (1) year or more since its last use of the Services, without any prior notice to the account holder. Upon deactivation and/or deletion of your account, your personal data and all data relating to your usage of the Services may be retained in the Services’ storage temporarily before all data is deleted permanently at a time the Company deems fit.

YOUR CONTENT

You acknowledge and agree that you are solely responsible for any content submitted, posted, published, shared, uploaded, transmitted or displayed through the Services and that B2BE shall not be liable to you or any third party in connection with such content.

You further represent and warrant that:

  • you are the creator and owner or have the legal rights to submit, upload, transmit, display and use the content and to grant us the rights as set out in these terms;
  • your content shall not contain any false, misleading, offensive, fraudulent or deceptive claim, statement or representation; and
  • your content does not infringe, violate, or misappropriate any third-party rights, including copyright, trade mark, patent, trade secret or privacy rights, or any other intellectual property or proprietary rights, or otherwise contravene any applicable laws or regulation.

B2BE reserves all rights and remedies against any person who violates any of the provisions in the terms of this Agreement.

SOFTWARE OWNERSHIP

B2BE will retain all copyright in the B2BE Software (including enhancements), and is authorised to include or supply the B2BE Software to third parties subject to the third party’s rights under this Agreement.

WARRANTY

You acknowledge that the Services cannot be guaranteed to be error-free and further acknowledge that the existence of any errors shall not constitute a breach of supply.

Notwithstanding the above, B2BE warrants that the Services are fit for marketing, installation and use for its intended purpose.

PATENTS AND COPYRIGHT

You acknowledge that the Services and documentation are subject of copyright. You shall not do any act which infringes that copyright and, without limiting the generality of the foregoing, you acknowledge that you may not copy the software or documentation except as otherwise expressly authorised by B2BE.

B2BE shall be indemnified fully against all liabilities, costs and expenses that each party may incur to a third party as a result of a breach of copyright provisions of these Services.

LIABILITY

Except as expressly provided to the contrary, B2BE shall not be under any liability to you in respect of any loss or damage (including consequential or indirect loss or damage) however caused, which may be suffered or incurred in respect of the supply of Services to this Agreement or the failure of B2BE to comply with its obligations under this Agreement.

Except as expressly provided to the contrary, all warranties relating in any way to the subject matter of this Agreement are excluded.

Where any statute implies terms into this Agreement that cannot be lawfully excluded, such terms will apply to this Agreement. However the liability of B2BE for any breach of such terms shall be permitted if that breach is limited, at the option of B2BE, to either or both of the following:

  • the supplying of the service again; or
  • the payment of the cost of having the service re-instated again.

 

FORCE MAJEURE

B2BE shall not be responsible for failure to fulfil any obligation under this Agreement due to events or circumstances beyond its control. Such events shall include but not be limited to acts of God, war, strikes, labour disruption, disruption of common carriers or utilities and similar events. If either party should fail to make any delivery or payment provided for herein as a result of any such event or circumstance, that party shall have the right to make delivery or payment within a reasonable time after the cause of such delay has been removed and the other party shall be obligated to accept deferred delivery or payment.

ASSIGNMENT

Neither party may assign its rights under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld.

GOVERNING LAW AND DISPUTE RESOLUTION

B2BE may translate the terms into different languages. In the event of any contradiction between the English version and any translation, the provisions in the English version shall take precedence.  The terms of this Agreement shall be governed by the laws of Hong Kong Special Administrative Region.

Any dispute, conflict or claim arising from, relating to, or in connection with the terms and the use of the Services, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of the arbitration shall be in Hong Kong with only one arbitrator. All arbitration proceedings shall be conducted solely in English.

You agree and acknowledge that any cause of action against the Company arising from, relating to, or in connection with the Services must commence within one (1) week , or according to the local governing laws, after the cause of action accrues. Otherwise such cause of action is permanently barred.

CHANGE TO THE TERMS

We reserve the right to make changes to these terms at any time without notice. You may review any updates and/or changes to our terms at any time via our Services. Your continued use of our Services constitutes your agreement to these terms and any amendments. If you do not agree with these terms, then you should not use the Services.

These terms were last updated on 16th May 2018.

CONTACT OPNEMEN

If you have questions or concerns about these terms, please email privacy@b2be.com

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