1. Privacy Policy
(Register)
E2 Computer
and Handset Accessories Ltd and its subsidiaries and affiliates
("Talkndeal.com") respects your privacy. This Privacy Policy provides
succinctly the manner your data is collected and used by Talkndeal.com. You are
advised to please read the Privacy Policy carefully. By accessing the services
provided by Talkndeal.com you agree to the collection and use of your data by
Talkndeal.com in the manner provided in this Privacy Policy.
1.1 Information Collection and Use
Talkndeal.com collects personal information when you register with
Talkndeal.com, when you buy products listed on Talkndeal.com and use the
services on Talkndeal.com
When you register we ask for information such as your name, email
address, birth date, gender, phone number, address and ZIP code. When you
register with Talkndeal.com and sign in to our services, you are not anonymous
to us.
Talkndeal.com uses information for the following general purposes:
* to get in touch with you
when necessary
* to provide the services
requested by you
* to preserve social history
as governed by existing law or policy
* direct our efforts for
product improvement and
* contact you as a survey
respondent
1.2 Information Sharing and
Disclosure
Talkndeal.com do not rent, sell, or share personal information about you
with other people or non-affiliated companies unless:
- To
provide products or services you've requested;
- we
have your permission;
- We
respond to subpoenas, court orders, or
legal process, or to establish or exercise our legal rights or defend
against legal claims;
- We
believe it is necessary to share information in order to investigate,
prevent, or take action regarding illegal activities, suspected fraud,
situations involving potential threats to the physical safety of any
person, violations of Talkndeal.com鈥檚 terms of
use, or as otherwise required by law.
- We
transfer information about you if E2 Computer and Handset Accessories Ltd
is acquired by or merged with another company. In this event,
Talkndeal.com will notify you before information about you is transferred
and becomes subject to a different privacy policy.
1.3 Your Ability to Edit and Delete Your Account
You can edit/ delete your Account at any time. However,
your information may remain stored in archive on our servers even after the
deletion or the termination of your account.
1.4 Changes to This Privacy Policy
Talkndeal may update this policy. We
will notify you about significant changes in the way we treat personal
information by sending a notice to the primary email address specified in your Talkndeal Account or by placing a prominent notice on our
site.
2. Privacy Policy (Checkout)
2.1 Information Collection
When you process
toward Checkout on Talkndeal.com, we
ask for your personal information. The information we require includes your name, credit or debit card number, card expiry date,
PayPal Account,
shipping address and email address.
Besides that, when
you use Talkndeal Checkout to conduct a transaction,
we collect information about each transaction, including the transaction
amount, the goods purchased and the type of payment used.
2.2 Information Sharing
We will not sell or rent your personal information to companies or
individuals outside of Talkndeal. In addition, we
will only share your personal information with other companies or individuals
outside of Talkndeal in the following circumstances:
- As
necessary to process your transaction and maintain your account. As with
any credit card payment, if you process a credit card transaction through
the service, we need to share some information (for example, your name and
credit card number) with the banks and other entities in the financial
system that process credit card transactions.
- To
detect, prevent or otherwise address fraud, security or technical issues.
- We
have your consent. We require opt-in consent for the sharing
of any sensitive personal information.
- We
have a good faith belief that access, use, preservation or disclosure of
such information is reasonably necessary to (a) satisfy any applicable
law, regulation, legal process or enforceable governmental request, (b)
enforce applicable Terms of Service, including investigation
of potential violations thereof, (c) detect, prevent or otherwise address
fraud, security or technical issues or (d) protect against imminent harm
to the rights, property or safety of Talkndeal,
its users or the public as required or permitted by law.
If Talkndeal become involved in a
merger, acquisition or any form of sale of some or all of their assets, we will
provide notice before personal information is transferred and becomes subject
to a different privacy policy.
2.3 Information Security
We take appropriate security measures to protect against
unauthorized access to or unauthorized alteration, disclosure or destruction of
data. These include internal reviews of our data collection, storage and
processing practices and security measures, as well as physical and technical
security measures to guard against unauthorized access to systems where we
store personal data. For example, your credit card number will always be stored
in an encrypted form (except when you provide it to us in a communication
outside of our web page interface).
The security of your account also depends on keeping your account
password confidential and you should not share your account name or password
with anyone. If you do share your account information with a third party, they
will have access to your account and your personal information.
2.4 Changes to This Policy
Please note that this Privacy Policy may change from time to time.
We will not reduce your rights under this Policy without your explicit consent.
We will post any Policy changes on this page and, if the changes are
significant, we will provide a more prominent notice (including notification in
your account interface or email notification). Each version of this Policy will
be identified at the top of the page by its effective date and we will also
keep prior versions of this Privacy Policy in an archive for your review.
3. Terms and Conditions
Welcome to
Talkndeal.com service provided by E2 Computer and Handset Accessories Ltd (http://www.shope2.com).
The Terms and Conditions contained herein along with the Privacy Policy form an
Agreement regulating our relationship with regard to use of Talkndeal.com by
you. You are advised to read this Agreement carefully. If you are not agreeable
to any Terms and Conditions, you should not use this Service. You can use the Talkndeal Services if you are agreeable to all the Terms
and Conditions of this Agreement in their entirety. If you accept this Agreement,
it will be a legally binding Agreement between you and E2 Computer and Handset
Accessories Ltd. (for Talkndeal.com).
3.1 Definitions:
Agreement
means the Terms and Conditions as detailed herein including all schedules,
appendices, annexure, Privacy Policy, and will include the references to this Agreement
as amended, novated, supplemented, varied or replaced
from time to time.
Talkndeal.com
means the online web store owned and operated by E2
Computer and Handset Accessories Ltd. (http://www.shope2.com), which
facilitates by providing a venue to the Users/Buyers to buy the products (also referred to as items) listed on
Talkndeal.com
Buyer shall
mean the person or any legal entity that purchases any products offered for
sale on Talkndeal.com.
User/You
mean and include yourself, any person or an entity using or accessing the
services provided on this site.
3.2 Eligibility:
You
represent and warrant that you are competent and eligible to enter into legally
binding Agreement and have the requisite authority to bind the other party to
this Agreement. You shall not use this site if you are not competent to
contract under the applicable laws, rules and regulations.
3.3 Term of Agreement/Service:
This Agreement
shall continue to be in full force and effect for so long as you are using the
Talkndeal.com services. Talkndeal.com provides the online buying platform
wherein the Buyer can buy the products listed on Talkndeal.com (the
"Services") pursuant to the Terms and Conditions set forth below. By
clicking on the [Close] button, you are agreeing to use the Services in a
manner consistent with and abide by the Terms and Conditions of this Agreement,
our Privacy Policy, and with all applicable laws and regulations. Talkndeal.com
may terminate the Services at any time, with or without cause. However, Talkndeal.com
reserves the right, in its sole discretion, to terminate your access to the
Talkndeal.com Services and the related Services or any portion thereof at any
time, without notice.
3.4 Modification of Terms and
Conditions of Service:
Talkndeal.com
may at any time modify the Terms and Conditions of the Services without any
prior notification to you. You can access the latest version of the Terms and
Conditions at any given time. You should regularly review the Terms and
Conditions. In the event the modified Terms and Conditions are not acceptable
to you, you should discontinue using the Services. However, if you continue to
use the Services you agree to accept and abide by the modified Terms and
Conditions.
3.5 Registration Data:
To avail of
and use the Services you will have to register with Talkndeal.com. As a part of
registration process you agree to provide Talkndeal.com current, complete, and
accurate registration information (the "Registration Data") as
prompted to do by the Services and to maintain and update this information as
required to keep it current, complete and accurate.
If you
provide any information that is untrue, inaccurate not current or incomplete or
Talkndeal.com has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Talkndeal.com has the right to
indefinitely suspend or terminate your membership and refuse to provide you
with access to Talkndeal.com.
You shall be
responsible for maintaining the confidentiality of your password, which you
will not be under an obligation to reveal to any representative or agent of Talkndeal.com.
You shall
notify gm@shope2.com in of any known or suspected unauthorized use(s) of your
account, or any known or suspected breach of security, including loss, theft,
or unauthorized disclosure of your password.
If Talkndeal.com
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Talkndeal.com has the right to indefinitely suspend
or terminate User鈥檚 membership and refuse to provide User with access to
Talkndeal.com.
3.6 Electronic Communication:
Users
consents to receive communications from Talkndeal.com electronically. Talkndeal.com
will communicate with Users by email or by posting notices on the Site.
3.7 Online Retail Website:
You agree,
understand and acknowledge that Talkndeal.com is an online retail website, a
venue enabling the Users to buy any product listed on Talkndeal.com at any
price at any time from any place.
Talkndeal.com
sell or retail any products and ensure that the Users shall perform their
obligations in respect of the transaction concluded on this Site and further
expressly disclaims any warranties or representations express or implied in
respect of quality, safety, merchantability, fitness for a particular purpose,
or legality of the products listed and transacted on Talkndeal.com.
The Site is
a channel of whereby the Users can reach a larger base to buy
items.Talkndeal.com is responsible for unsatisfactory or delayed performance of
Services or damages or delays as a result of items, which are out of stock,
back ordered, returned undelivered or otherwise unavailable. All items are
offered only for the available supply.
All orders
shall be pre-approved with an acceptable method of payment as established by
Talkndeal.com which may call for and require additional verification or
information.
3.8 Buying:
The Talkndeal.com
reserves the right to revise/end the items selling at any time.
Subject to
the generation of order, the address at which delivery of the product won by
you are to be made should be correct and proper in all respects.
After the
receipt of payment, the Talkndeal.com shall arrange for the delivery of the
product at the shipping address provided by the Buyer.
Before
placing an order you are advised to check the product description carefully.
Orders once placed by you cannot be withdrawn or cancelled. By placing an order
for a product you agree to be bound by the conditions of sale included in the
item's description.
Any and all
bids made by you on this Site are a firm commitment to purchase. If you are the
purchaser for any item and your purchase is accepted by Talkndeal,
you are obligated to complete the transaction.
You further
agree and undertake that you will not render false bids. In the event it is
found that you indulge in rendering false bids, your membership will be
terminated notwithstanding any legal remedy against you that may be available
to Talkndeal.com.
3.9 Representations and Warranties:
You
represent and warrant that:
(a)
You shall independently agree upon the manner and Terms
and Conditions of delivery, payment, insurance etc.
(b) You
shall not, either alone or in conjunction with other Users, manipulate or
attempt to manipulate the prices of any item or being sold on the Site.
3.10 Suspension due to
non-compliance with Agreement:
Notwithstanding
other legal remedies that may be available to Talkndeal.com, Talkndeal.com may
in its sole discretion limit your activity by either temporarily or
indefinitely or suspend or terminate User membership, and/or refuse to provide User
with access to the Site:
(a) If you
are in breach any of the Terms and Conditions of this Agreement and/or the Terms
and Conditions of usage of Talkndeal.com;
(b) If the
you have provided wrong, inaccurate, incomplete or incorrect information;
(c) If your
actions may cause any harm, damage or loss to the other Users or Talkndeal.com.
Illegal
and/or unauthorized use of the Services, including unauthorized framing of or linking
to the Talkndeal Site will be investigated, and
appropriate legal action will be taken, including without limitation, civil,
criminal and injunctive redress.
3.11 Indemnity:
You agree to
defend, indemnify and hold harmless Talkndeal.com, its employees, directors,
officers, agents and their successors and assigns from and against any and all
claims, liabilities, damages, losses, costs and expenses, including attorney's
fees, caused by or arising out of claims based upon your actions or inactions,
including but not limited to any warranties, representations or undertakings or
in relation to the non-fulfillment of any of your obligations under this Agreement
or arising out of the your infringement of any applicable laws, regulations,
claim of libel, defamation, violation of rights of privacy or publicity, loss
of service by other subscribers and infringement of intellectual property or
other rights.
This clause
shall survive the expiry or termination of this Agreement.
3.12 Limitation of Liability
Talkndeal has made this service available to
use as a matter of convenience. User agrees and acknowledges that User shall be
solely responsible for User鈥檚 conduct and that Talkndeal
reserves the right to terminate your rights to use the service immediately,
notwithstanding penal provisions under the Chinese cyber laws or any other
allied laws enacted by the Chinese government or any other statutory,
legislative or regulatory authority authorized in this regard from time to
time.
In no event
shall Talkndeal shall be liable for any direct,
indirect, punitive, incidental, special or consequential damages or for any
damages whatsoever including, without limitation, damages for loss of use, data
or profits, arising out of or in any way connected with the use or performance
of the Talkndeal sites/services for interrupted
communications, delay, lost data or lost profits arising out of or in
connection with this Agreement, even if Talkndeal has
been advised of the possibility of damages, or inability to use the Talkndeal sites/services or related services, the provision
of or failure to provide services, or for any information, software, products,
services and related graphics obtained through the Talkndeal
sites/services, or otherwise arising out of the use of the Talkndeal
sites/services, whether based on contract, tort, negligence, strict liability
or otherwise, even if Talkndeal or any of its
suppliers has been advised of the possibility of damages.
The clause
shall survive the termination or expiry of this Agreement.
3.13 Entire Agreement
If any part
of this Agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed to be superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of the Agreement shall continue in effect. Unless otherwise specified
herein, this Agreement constitutes the entire Agreement between the User and Talkndeal with respect to the Talkndeal
sites/services and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the User and Talkndeal with respect to the Talkndeal
sites/services. Talkndeal.com's failure to act with
respect to a breach by you or others does not waive its right to act with
respect to subsequent or similar breaches.
3.14 Governing Law and Jurisdiction:
This Agreement
is governed and construed in accordance with the Laws of China. You hereby
irrevocably consent to the exclusive jurisdiction and venue of courts in China,
in all disputes arising out of or relating to the use of the Talkndeal sites/services. Use of the Talkndeal
sites/services is unauthorized in any jurisdiction that does not give effect to
all provisions of these Terms and Conditions, including without limitation this
paragraph. You agree to indemnify and hold Talkndeal,
subsidiaries, affiliates, officers and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of or conduct on the Talkndeal Sites/Services.
Talkndeal performance of this Agreement is
subject to existing laws and legal process, and nothing contained in this Agreement
is in derogation of Talkndeal's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Talkndeal sites/services or information
provided to or gathered by Talkndeal with respect to
such use.
3.15 Trademarks
Talkndeal is the worldwide trademarks of E2
Computer and Handset Accessories Ltd. This trademark may not be used in
connection with any product or service that is not that of E2 Computer and
Handset Accessories Ltd.
4. Disclaimer
The
information, software, products, and services included in the Talkndeal Sites/Services may include inaccuracies or
typographical errors. Changes are periodically made to the Talkndeal
Sites/Services and to the information therein. Talkndeal
may make improvements and/or changes in the Talkndeal
Sites/Services at any time. Advice received via the Talkndeal
Sites/Services should not be relied upon for personal, medical, legal or
financial decisions and you should consult an appropriate professional for
specific advice tailored to your situation.
Talkndeal.com
make no representations about the suitability, reliability, availability,
timeliness, lack of viruses or other harmful components and accuracy of the
information, software, products, services and related graphics contained within
the Talkndeal Sites/Services for any purpose. All
such information, software, products, services and related graphics are
provided "as is" without warranty of any kind. Talkndeal
hereby disclaim all warranties and conditions with regard to this information,
software, products, services and related graphics, including all implied
warranties and conditions of merchantability, fitness for a particular purpose,
workmanlike effort, title and non-infringement.
This Site
may contain links to other web sites operated by E2 Computer and Handset
Accessories Ltd ("linked sites"). You acknowledge that, when you
click on a link to visit a linked site, a frame may appear that contains
advertisements and/or other content selected by Talkndeal.
You acknowledge that Talkndeal and its sponsors
neither endorse nor are affiliated with the linked site and are not responsible
for any content of any linked site or any link contained in a link site, or any
changes or updates to such sites. You also acknowledge that Talkndeal
is providing these links to you only as a convenience.
You
specifically agree that Talkndeal shall not be
responsible for unauthorized access to or alteration of your transmissions or
data, any material or data sent or received or not sent or received, or any
transactions entered into through Talkndeal site. You
specifically agree that Talkndeal is not responsible
or liable for any threatening, defamatory, obscene, offensive or illegal
content or conduct of any other party or any infringement of another's rights,
including intellectual property rights. You specifically agree that Talkndeal is not responsible for any content sent using
and/or included in an Talkndeal site/service by any
third party.
In no event
shall Talkndeal be liable for any direct, indirect,
punitive, incidental, special, consequential damages or any damages whatsoever
including, without limitation, damages for loss of use, data or profits,
arising out of or in any way connected with the use or performance of the Talkndeal Sites/Services, with the delay or inability to
use the Talkndeal Sites/Services or related services,
the provision of or failure to provide services, or for any information,
software, products, services and related graphics obtained through the Talkndeal Sites/Services, or otherwise arising out of the
use of the Talkndeal Sites/Services, whether based on
contract, tort, negligence, strict liability or otherwise, even if Talkndeal or any of its suppliers has been advised of the
possibility of damages. Talkndeal does not endorse in
anyway any advertisers/ contents of advertisers on its webpage. Please
therefore verify the veracity of all information on your own before undertaking
reliance and actioning thereupon. Talkndeal
shall not be responsible nor liable for any consequential damages arising on
account of your relying on the contents of the advertisement.
This Agreement
is governed by the laws of republic of China. You hereby irrevocably consent to
the exclusive jurisdiction and venue of courts in China in all disputes arising
out of or relating to the use of the Talkndeal
Sites/Services. Use of the Talkndeal Sites/Services
is unauthorized in any jurisdiction that does not give effect to all provisions
of these Terms and Conditions, including without limitation this paragraph. You
agree to indemnify and hold Talkndeal, its
subsidiaries, affiliates, officers and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of or conduct on the Talkndeal Sites/Services. Talkndeal
reserves the right to disclose any personal information about you or your use
of the Talkndeal Sites/Services, including its
contents, without your prior permission if Talkndeal
has a good faith belief that such action is necessary to: (1) conform to legal
requirements or comply with legal process; (2) protect and defend the rights or
property of Talkndeal or its affiliated companies;
(3) enforce the terms or use; or (4) act to protect the interests of its
members or others. Talkndeal performance of this Agreement
is subject to existing laws and legal process, and nothing contained in this Agreement
is in derogation of Talkndeal's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Talkndeal Sites/Services or
information provided to or gathered by Talkndeal with
respect to such use. If any part of this Agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the Agreement shall continue in effect. Unless otherwise
specified herein, this Agreement constitutes the entire Agreement between the User
and Talkndeal with respect to the Talkndeal
Sites/Services and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the User and Talkndeal with respect to the Talkndeal
Sites/Services.