By using Eznow's Website (as defined below) and the Services (as defined below), you understand, accept and agree to be bound by the following terms and conditions ("Terms and Conditions") unconditionally:
1. Definitions and Interpretations
1.1 In these Terms and Conditions, unless otherwise expressed or required by the context, the following expressions shall have the respective meanings as set out below:
||means the Hong Kong Special Administrative Region, the People's Republic of China
|"Intellectual Property Rights"
|| means patents, trade marks, design rights, applications for any of the foregoing, copyright, database rights, rights in know-how, trade or business names and other similar rights or obligations, in each case whether registrable or not in any country;
||means any person who has registered as member on Eznow's Website
||means the services offered by Eznow (including Eznow's Website as well as any other related websites), toolbars, widgets and any other features, contents, services or applications offered, from time to time, by Eznow or by other third party paid service providers
||means the website which you have registered to utilize the Services on Eznow's Website to build
|"Eznow", "us","we" or "our"
||means Wopop International Limited, a limited liability company incorporated under the laws of HKSAR
||means the website at www.Eznow.com
1.2 The headings to these Terms and Conditions are for ease of reference only and shall be ignored in interpreting these Terms and Conditions.
1.3 References to Clauses are references to Clauses of these Terms and Conditions
1.4 Unless the context otherwise requires, words, expressions in the singular include the plural and vice versa, and words denoting any gender shall include all genders and vice versa.
1.5 Unless the context otherwise requires, reference to a person include any public body and any body of persons, corporate or unincorporate.
2. General Terms
2.1 Eznow in its sole and absolute discretion may change or modify these Terms and Conditions at any time without notice. You may visit Eznow's Website to refer to the latest version of these Terms and Conditions.
2.2 By using the Services, you represent and warrant that:
(a) you are over 18 years of age and) you are fully able and competent to enter into these Terms and Conditions;
(b) all registration information you submit is truthful and accurate;
(c) you will maintain the accuracy of such information submitted;
(d) your use of the Services does not violate any applicable law or regulation;and
(e) (if applicable) any goods you sell through the Website are real, authentic and legal.
2.3 By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you specifically represent and warrant that:
(a) all the information provided by you in connection with your domain name registration is true, accurate and complete in all respects;
(b) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;
(c) you are not registering the domain name for an unlawful purpose;and
(d) you will not knowingly use the domain name in violation of any applicable laws or regulations and you shall be solely liable for determining whether your domain name registration infringes upon or otherwise violates the rights of any third party.
2.4 You shall not distribute on the Website any material or other information, or in any manner, that:
(a) infringes any Intellectual Property Rights;
(b) is in breach of any law, statute, or regulation;
(c) is defamatory, libelous, unlawfully threatening;
(d) is obscene, pornographic or indecent; or
(e) contains any viruses or other computer programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information.
2.5 You shall not commit any act or omission which may, at the sole and absolute discretion of Eznow, impair the image, goodwill and any other rights, interests and benefits of Eznow.
2.6 You undertake that you shall fully indemnify, defend and hold Eznow, its affiliates or partners, agents, directors and employees harmless from and against any action, liability, costs, claim, loss, damage, proceeding or expense of whatsoever nature (including but not limited to legal fees, costs and expenses on a full indemnity basis) directly or indirectly arising from or related to:
(a) your access to and/or use of Eznow's Website and/or any other person or entity's use of the Services or Eznow's Website where such person or entity was authorized by you to access and/or use Eznow's Website;
(b) any negligent act or omission, or breach or non-observance of any clause in these Terms and Conditions by you or by any other person or entity where such person or entity authorized by you to use Eznow's Website; or
(c) any materials you submit, post to, or transmit through Eznow's Website.
3.Creating Your Website and Domain Name Registration
3.1 You must first register as a Member at Eznow's Website before using the Services.
3.2 When you register as a Member of Eznow's Website, you will be asked to choose a password for your Member's account. You shall be are fully responsible for maintaining the confidentiality and security of your password and for all activities involved under your Member's account. You agree to:-
(a) logoff your Member's account every time after you have finished using the Services of Eznow's Website;
(b) notify us immediately of any unauthorized use of your password or account or any breach of security; and
(c) bear the risks of your password and account being used by unauthorized persons or for unauthorized purposes.
3.3 Once you have registered as a Member, you must login as Member to start creating a Website.
3.4 You may choose between two main types of Website creating services, namely free Website creating services ("Free Services") or paid Website creating services ("Paid Services").
3.5 In addition to the paid Website creating services, you may also purchase other paid services which may be provided as a one-time transaction or recurring subscription as additional services ("Other Paid Services"). Such Other Paid Services may be provided solely by us or in collaboration with other third party service providers, affiliates or business partners. We accept no liability whatsoever with respect to any goods or services which you have purchased from a third party provider.
3.6 All packages of Free Services or Paid Services include a second-level domain of your choice (eg. "abc".Eznow.com) without any additional charge on your part. Notwithstanding the foregoing, Eznow shall have the sole and absolute discretion not to accept the second-level domain chosen by you. Your rights under this Clause 3.6 shall be limited, non-exclusive, non-sublicensable, non-transferable, and may be revoked by Eznow in its sole and absolute discretion. You shall be solely liable for any activity that occurs under your Website second-level domain and in your Member's account.
3.7 At any time, you may purchase your own custom top-level domain name (eg. "abc".com) from Eznow. Please refer to Price list of domain name for the relevant fees scehdule.
3.8 Alternatively, you may also choose to have your own existing domain name transferred to Eznow's Website from another registrar (applicable to both Free Services and Paid Services).
4. Payment of Fees
4.1 In consideration of the provision of the Paid Services by Eznow or the Other Paid Services by Eznow and/or other third party providers, you agree to pay us the applicable service fee with one of the acceptable payment methods (including cash, cheque, credit card, bank credit transfer and PayPal) in a timely manner as determined by Eznow at its sole and absolute discretion.
4.2 You acknowledge and agree that all fees quoted on Eznow's Website are exclusive of any taxes imposed on you and that you shall be solely liable for any taxes that may be applicable to your use of the Services.
4.3 All fees are quoted in Hong Kong Dollars or United States Dollars.
5. Money- Back Guarantee
5.1 Eznow offers you a 30-day money-back guarantee ("30-Day Money-Back Guarantee"). If you are dissatisfied with your Paid Services for any reason, you will receive a full refund if you cancel your Paid Services within 30 days of the activation of your Member's account. The 30-Day Money-Back Guarantee stated hereunder does not apply to Other Paid Services and domain name registration.
5.2 You acknowledge and agree that Eznow will not be under any obligation whatsoever to entertain any request for refund made after the expiry of 30 days from the activation of your Member's account. This Clause 5.2 shall apply to Paid Services, Other Paid Services and domain name registration.
6 Disclaimer and Limitation of Liability
6.1 You specifically acknowledge, accept and agree that your use of Eznow's Website and the Services shall be at your own risk and that Eznow's Website and the Services are provided on an "as is" basis.
6.2 Eznow and its successors, affiliates, contractors, employees, suppliers, licensors, partners and agents expressly disclaim all representations, warranties or conditions of any kind (whether express or implied), including but not limited to the implied warranties or conditions of merchantability, fitness for purpose, title and non-infringement.
6.3 Eznow makes no representation or warranty of any kind (whether express, implied or statutory) regarding the completeness or accuracy regarding Eznow's Website or the materials and information contained or referred to on each page associated with Eznow's Website and assume no responsibility for any errors or omissions of any kind in the content of Eznow's Website. We reserve the right to amend or supplement the information supplied on Eznow's Website at any time without prior notice.
6.4 Eznow does not monitor, and will have no liability whatsoever for the contents of and any communications transmitted by virtue of the Services.
6.5 You specifically acknowledge, accept and agree that Eznow shall accept no liability whatsoever for any loss or damage (whether special, incidental or consequential loss or damage, including but not limited to any loss, damage or expense resulting from the following reasons) arising directly or indirectly from your access to or use of Eznow's Website:
(a) any defect, error, imperfection or inaccuracy with Eznow's Website, its contents or associated services;
(b) any unavailability of any part of Eznow's Website or associated services;
(c) any delay or interruption in access, operation or transmission, computer virus, trojan horse, worm, software bomb, any hackers' illegal act, communication line failure, software or hardware data, or interception of on-line communication;
(d) any acts of God (such as natural disaster);
(e) any data non-delivery, mis-delivery, destruction or other modification;
(f) unauthorized use or misuse of your Member's account or password;
(g) any acts or omissions of third party providers; or
(h) any other events beyond our control.
6.6 With respect to the Services of domain name registration, you specifically acknowledge, accept and agree that:
(a) Eznow cannot and will not be under any obligation whatsoever to check to see whether the domain name or second-level domain you select, or the use you make of the same, infringes any legal rights of others. If we are sued or threatened with lawsuit in connection with your domain name, you shall hold us harmless and indemnify us in full;
(b) the registration of your chosen domain name does not confer immunity from objection to either the registration or use of such domain name;
(c) Eznow does not guarantee the security of your domain name registration records, and you shall assume all risks that the password of your Member's account may be compromised as a result of fraudulent, unauthorized or illegal activity;
(d) we shall be entitled to suspend, cancel or transfer your domain name registration services in order to: (i) correct mistakes made by us, another registrar or the registry in registering your chosen domain name, (ii) to resolve a domain name dispute, or (iii) to remedy an unauthorized change in the domain name account;
(e) your rights to any domain name registered or renewed by Eznow on your behalf or otherwise used in conjunction with the Services are not granted by Eznow but are subject to the rules and regulations of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the related registry and the applicable laws. As such, in addition to these Terms and Conditions, you agree to also abide by any and all terms and conditions promulgated by ICANN, as amended from time to time, which are hereby incorporated and made a part of these Terms and Conditions by reference, for all domain name registrations or renewals, including but not limited to, the Uniform Domain Name Dispute Resolution Policy ("UDRP") as well as any policy that ICANN has established or may establish with respect to the relevant domain names and/or WHOIS information (Please refer to http://www.icann.org/en/dndr/udrp/policy.htm for the latest version of the UDRP);
(f) we make no guarantees, representations or warranties that your proposed registration request for a domain name will be accepted by the applicable registry. The proposed registration request for a domain name submitted by Eznow to any registry may fail or be rejected by the applicable registry for any reasons (including but not limited to the fact that your proposed registration request for a domain name was not the first in time), and Eznow shall not accept any liability whatsoever for such failure; and
(g) you use Eznow's domain name registration service at your own risk. Eznow shall not accept any liability whatsoever for any risks regarding the system, processing and/or the stability of the internet (including but not limited to the event (i) where you have completed the registration process but your domain name is not successfully registered, or (iii) when you purchase or renew your domain name registration, there is a procedural error in relation to your payment while our system incorrectly shows that your purchase or renewal has been successful).
6.7 You specifically agree and accept that in no event shall Eznow be liable to you under these Terms and Conditions in excess of the total amount paid by you to Eznow for the Services (that are the subject of any claim).
6.8 The foregoing disclaimer and limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms and Conditions or your use of the Eznow's Website or the Services found at Eznow's Website.
7. Term and Termination
7.1 Eznow in its sole and absolute discretion may terminate, disable or deactivate your Member's account and/or shut down your Website at any time without warning or notice, including but not limited to in the event that:-
(a) we suspect you have breached any clause in these Terms and Conditions;
(b) you have failed to perform any of your obligations under these Terms and Conditions;
(c) you have passed a resolution for winding up or a court of competent jurisdiction has made an order of your winding up;
(d) an administrative order in relation to you has been made, or a receiver has taken possession of or sold an asset of you;
(e) you have made an arrangement with your creditors generally or made an application to a court of competent jurisdiction for protection from claims of your creditors generally; or
(f) your Member's account remains inactive for more than 90 days.
7.2 Termination of these Terms and Conditions for whatever reason shall not affect:
(a) the accrued rights of Eznow and liabilities of you arising in any way out of these Terms and Conditions as at the date of termination, and in particular but not limited to the right to recover damages against you; or
(b) provisions expressed to survive termination of these Terms and Conditions, which shall remain in full force and effect.
7.3 You acknowledge and agree that you shall contact Eznow to arrange for renewal within 30 days after the expiration of the term of your domain name registration or the Services, failing which Eznow in its sole and absolute discretion may delete all the contents or data in your Member's account without any prior notification.
7.4 You acknowledge and agree that if you elect to terminate the Services, all the data in relation to the Services will be deleted immediately and cannot be retrieved. Eznow will not keep back-up copies of such data and shall not accept any liability whatsoever regarding such deletion or data loss.
8.1 You acknowledge, accept and agree that Eznow may assign or transfer any right and/or obligation under these Terms and Conditions to any third party without your prior written consent.
8.2 You shall not assign or transfer any right and/or obligation under these Terms and Conditions to any third party without the prior written consent of Eznow.
9. No Waiver
9.1 No failure or delay on the part of Eznow in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver by Eznow of such right, power or privilege.
9.2 No breach of any clause in these Terms and Conditions on your part shall be waived or discharged except with the express written consent of Eznow.
10. Invalidity and Severability
10.1 If any provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, whether or not pursuant to any judgment or otherwise, (i) the validity, legality and enforceability of the remaining provisions under the law of that jurisdiction and (ii) the validity, legality and enforceability of that provision and the remaining provisions under any other jurisdiction shall not be affected or impaired in any way.
10.2 If any provision of these Terms and Conditions is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, that provision shall be divisible from these Terms and Conditions and shall be deemed to be deleted from these Terms and Conditions, and the validity of the remaining provisions shall not be affected.
11. Governing Law and Jurisdiction
11.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of HKSAR.
11.2 You irrevocably submit to the non-exclusive jurisdiction of the courts of HKSAR for the purpose of hearing and determining any actions, proceedings and/or settling any disputes arising out of or in connection with these Terms and Conditions. You irrevocably waives any objection to any proceedings in any such courts on the basis of forum non-conveniens. You agree that a judgment in any proceedings brought in any such courts may be enforced in any other jurisdiction by suit on the judgment or in any other manner permitted by law.
11.3 Your submissions under Clause 11.2 are non-exclusive and Eznow reserves the right to proceed in any other jurisdiction having or claiming or accepting jurisdiction in respect thereto.
11.4 In the event of any discrepancy between the English and Chinese versions of these Terms and Conditions, the English version shall prevail.