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04 Sep. 2010

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	Terms of Service
	User Agreement THE FOLLOWING SETS OUT THE TERMS ON WHICH BUYSTATION HOLDINGS LIMITED ("Buystation") OFFERS YOU ACCESS TO BUYSTATION.COM ("SITE") AND ITS SERVICES. BY PRESSING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. This Agreement may be amended by Buystation at any time by posting the amended terms on this Site. The amended terms shall automatically be effective 7 days after they are initially posted on this Site. As such, you should periodically check to see what amendments have been made to this Agreement. Your continued use of this Site or the services provided on this Site following the posting of any amendments will mean that you accept these amendments. This agreement was revised on Jul 20, 2006. 1.DEFINITIONS 1.1.Definition of words and phrases In this Agreement, the following words and expressions shall have the following meanings: "Bidder" means a person who bids for the Good in an auction pursuant to this Agreement "Good" means items offered for sale by a Seller pursuant to this Agreement "Hong Kong Dollars" means the currency currently in use in the Hong Kong Special Administrative Region of the People's Republic of China "Purchaser" means a Bidder who has made the highest bid in an auction or a person who places an order for the Good pursuant to this Agreement "Reserve Price" means the minimum price set by the Seller at which he is willing to sell the Good "Seller" means a person offering the Good for sale pursuant to this Agreement "Services" means the on-line shopping and auction platform and all other services offered by Buystation at this Site "User" means and includes you, a Seller, a Purchaser, a Bidder and any person using the Services "Buystation" means Buystation Holdings Limited, a company incorporated in Hong Kong 1.2.Genders and numbers Unless the context otherwise requires references in this Agreement to Clauses are to clauses of this Agreement, words importing the singular only shall include the plural and vice versa and words importing natural persons shall include corporations and un-incorporated associations; words importing the masculine gender only shall include the feminine gender and the neuter gender. 1.3.Headings The heading contained in this Agreement are for the purposes of convenience only and do not form part of and shall not affect the construction of this Agreement or any part thereof. 2.Availability of Services 2.1 Availability Any person wishing to use the Services as a Seller, Bidder or Purchaser must first register as a member. 2.2 Registration of Membership A User becomes a member by supplying all the requisite information to Buystation and clicking the "I Accept" button. Buystation reserves the right to reject any application for membership without giving any reason therefor. 3.Eligibility for Membership Only natural persons of 18 years or above and having full mental and legal capacity to enter into contracts and corporations which are permitted by their constitution, bye-laws and Memorandum of Association to enter into this agreement with Buystation can apply for membership. Buystation reserves the right to reject or terminate the membership of any person without giving any reason therefor. You may not use the Services if you do not qualify. 4.Fees 4.1 Schedule of Fees The fees for use of the Services are set out in the Schedule of Fees ("Fees") and such Fees structure are incorporated into and deemed to form part of this agreement. Buystation reserves the right to change the Fees at any time and any such change in Fees shall take effect on a date to be specified (which shall be not less than 7 days after the initial posting of the revised Schedule of Fees in these pages). All Users must check the Schedule of Fees each time before they use the Services. 4.2 Payment of Fees (a) The Fees shall be paid in the following manner:- (i) where the User is a natural person, by direct debit by Buystation on the User's credit card account. For this purpose, the User hereby authorizes Buystation to debit his credit account for the payment of such Fees as and when the same becomes due and payable; or (ii) where the User is a corporation, payment shall be made to Buystation within 21 days of the date of the Statement of Fee issued by Buystation to the User,Provided that nothing herein contains shall affect Buystation' overriding right to demand payment of the Fees by the User (whether a natural person or a corporation) by way of legal tender or otherwise as Buystation shall think fit. (b) If any User fails to make timely payments, Buystation may suspend the User's membership or any Services until actual payment, and such User shall, in addition, pay Buystation on demand interest on the amount outstanding at a rate of 2% per month, calculated from the date on which the same becomes due for payment until the date of actual payment, as liquidated damages and not as a penalty. 4.3 Currency Unless otherwise stated, all Fees are quoted in New Zealand Dollars. 4.4 Other incidental costs You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, buy, procure a listing on this Site or access Buystation' servers. Buystation may in its sole discretion add, delete or change some or all of the Services at any time. 5. Function of Buystation 5.1 Buystation as forum only Buystation is only providing the forum for Sellers to sell the Good and for Bidders or Purchasers to bid for or purchase the Good. 5.2 No warranty for goods offered Buystation expressly declares that it has not seen or examined the Good and has no control whatsoever on the actual quantity, quality, safety, legality or the fitness for any purpose of the Good. Buystation will not accept or assume any liability whatsoever in respect of the Good. 5.3 No warranty of completion of sale Buystation does not warrant that any Seller or Purchaser will complete the sale or purchase of the Good herein. All persons are urged to be aware of the risk of dealing with foreign nationals, underage persons or people acting under false pretense or persons having no contracting capacities. 5.4 No warranty of identity of persons Buystation cannot and does not confirm the identity of each User. You are therefore advised to be careful in dealing with other Users to avoid fraud. You are encouraged to communicate directly with such proper or competent authority or source for the purpose of evaluating the person with whom you are dealing. Buystation takes no responsibility for any action or omission of any User. 5.5 No warranty as to accuracy of information Buystation does not control the information provided by other Users which is made available through this Site. Buystation therefore makes no warranty as to the accuracy of any information provided by any person through the use of the Services. 5.6 Release of Buystation In case of any dispute between Users or any dispute arising from the use of the Services, Buystation shall be released from all liabilities claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 5.7 Costs of Buystation If Buystation is required by you or by your order in any litigation in which you are involved whether under subpoena or order of the Court of any competent jurisdiction, including complying with any order for discovery or attending court for giving evidence, you shall bear all costs incurred by Buystation in connection with the provision of such service, including Buystation' costs for taking legal or other professional advice or representation (in all such cases, the costs shall be calculated on an indemnity basis). 6. Provisions relating to auction 6.1 Obligation of Bidder (a) If you, as a Bidder, have made the highest bid at the end of an auction at or above the Reserve Price, you are obligated to complete the transaction. (b) The Purchaser shall contact the Seller within 10 days of the close of the auction with a view to making arrangements for the completion of the transaction. 6.2 Obligation of Seller If you receive one or more bids at or above any Reserve Price previously stated by you, you are obligated to complete the transaction with the Purchaser unless: (a) the Purchaser fails to contact you within 10 days of the close of the auction; (b) the Purchaser fails to meet the terms of payment as stipulated by you in your listing. 6.3 Bids are not retractable Bids are not retractable by the Bidder except in the following exceptional circumstances: (a) the Seller materially changing the description of the Good after your bid; or (b) there is a significant drop in the ratings of the Seller as a result of adverse comments from other Bidders or Purchasers conducted with the same Seller. Notwithstanding the foregoing, under no circumstances is a Bidder allowed to retract his bid within the last 6 hours before the closing of an auction. 6.4 Bid Restriction (a) If you have retracted your bid for any reason in respect of a Good, you may not submit any further bid in respect of the same Good in the same auction. (b) If you choose to bid on any Good which is offered to adults only, you are certifying that you have the legal right to purchase the Good intended for adults only. (c) You shall not manipulate the price of the Good by using a secondary account, an alias or third party to bid for the Good. 6.5 Return and exchange policies The Good sold may or may not be returned depending on your agreement with the Seller. All requests for return of the Good shall be made directly to the Seller concerned and Buystation shall not be responsible for processing such requests. 6.6 Method of delivery and payment The method of delivery is based on the arrangements set by the Sellers. Good may be delivered to or collected by the Purchasers by using Buystation' Customer Service Centre or by other methods specified by the Sellers. Please refer to the Description and Shipping Terms of the Good. The method of payment is based on the mutual agreement between the Seller and the Purchaser and depending on the method of delivery. 7. Provisions relating to shopping 7.1 Orders The posting of information on the Good is only an invitation to treat by the Sellers. By placing an order, the Purchaser is making an offer to the Seller to purchase the Good. All orders for the Good are subject to final acceptance by the Sellers. The relevant Seller is responsible for fulfilling the purchase order of the Purchaser. 7.2 Return and exchange policies The Good sold may or may not be returned depending on the return policies of each Seller. All requests for return of the Good shall be made directly to the Seller concerned and Buystation shall not be responsible for processing such requests. 7.3 Method of delivery and payment The method of delivery is based on the arrangements set by the Sellers. Good may be delivered to or collected by the Purchasers by using Buystation' Customer Service Centre or by other methods specified by the Sellers. Please refer to the "Shipping Terms" of the Good. The payment for the Good will be through the on-line payment gateway facilities provided on this Site, which is governed by Clause 13.2. 8. Provisions relating to Sellers 8.1 Forbidden Dealings (a) In respect of an auction, you shall not : (i) E-mail or contact by any other means the Bidder in an open auction being run by a different Seller, offering similar or the same Goods at any price level (bid siphoning); (ii) manipulate the price of the Good offered by you, either by using a secondary account, an alias or third party or by self-bidding. (b) You shall not offer for sale any Good: (i) which you do not have in possession of and which you are not the legal and beneficial owner, or which you cannot sell to the Purchaser free from all charges liens and encumbrances; (ii) which is within Buystation's Prohibited Item List or which is in contravention of any law or regulations governing the sale of the same; (iii) the get-up, production and sale of which infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or any other form of property or proprietary rights, whether intellectual or otherwise; (iv) which contains defamatory, trade libelous, unlawfully threatening or unlawfully harassing statements whether such statements be in the form of words, drawings, photographs, 3-dimensional representations or otherwise; (v) which is obscene or contains child pornography; (vi) the advertisement of which would contravene any law or regulations governing the advertisements of such items, including in particular tobacco advertisements (as defined in the Smoking (Public Health) Ordinance of the Laws of Hong Kong). (c) By offering the Good for sale on this Site, you, as Seller, are warranting and undertaking to Buystation and all Purchasers that: (i) you do not and will not engage in the forbidden dealings set out in Clause 8.1 above; (ii) the information supplied by you is correct and accurate in all material respects and shall not (1) contain defamatory, trade libelous, unlawfully threatening or unlawfully harassing statements; (2) contain obscene material or child pornography and, if it contains any Adults Only material or element or is otherwise harmful to minors, it shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (3) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (4) contain any hyperlink unless permitted by Buystation; (iii) the Goods offered by you are not within the Prohibited Item List; you will not post or offer or sell any Good which, by paying to Buystation any Fees, could cause Buystation to violate any applicable law, statute, ordinance or regulation. 8.2 Payment to Seller In the case where you request Buystation to collect the payment of the Good on your behalf, it is expressly agreed that if Buystation is unable to arrange for payment of the Good to you in accordance with the payment instructions given by you to Buystation and Buystation has used commercially reasonable efforts to contact you by phone or e-mail at the contact details you provided to Buystation, you are deemed to have waived your right to such payment and Buystation shall be entitled to forfeit such amount after the lapse of six (6) months from the date of your payment instructions. 9. Use of Customer Service Centre 9.1 Provision of Customer Service Centre by Buystation Buystation may, subject to the User paying the prescribed Fees and agreeing to comply with the Terms and Conditions for use of Customer Service Centre provide the use of Customer Service Centre to the Sellers for exhibiting the Good and to facilitate the Seller and the Purchaser to complete the sale. 9.2 Rights of Buystation Buystation reserves the right to reject any application for the use of the Customer Service Centre without giving any reason therefor. 10. Privacy Policy Buystation' current Privacy Policies are incorporated herein and form part of this User Agreement. By registering to become a User and by logging-in to use the Services, you agree to be bound by the terms set out in these policies and agree to the use, disclosure and transfer of your personal data in the manner set out therein. In particular, you agree that Buystation will include your user name in the feedback channel on the Site (as described in Clause 11.1(a) below) which enables other Users to make comments on your trade conduct as a Seller, Bidder or Purchaser, and in the communication channel (as described in Clause 11.1(b) below) which enables other Users to send messages to you through this Site. By registering to become a User, you acknowledge that other Users may make statements about your conduct which you regard as untrue and you accept that Buystation cannot control such statements. You hereby waive any right you might have against Buystation in connection with such statements. 11. Feedbacks, Messages, Forum and Bulletin Boards 11.1 Feedback, Messages, Forum and Bulletin Boards (a) Buystation will provide a channel on this Site for feedbacks to be posted by the Users of this Site to give comment on the trade conduct of any Seller, Bidder or Purchaser with whom he has had dealings. (b) Buystation also provides a communication channel which enables Users to send messages to other Users through the Site, as well as areas which allow Users to exchange comments or chat with other Users or upload and download materials. 11.2 Use of Feedback, Message, Messenger, Forum and Bulletin Boards (a) You shall use the feedback channel for giving genuine and bona fide comments on the trade conduct of any Seller, Bidder or Purchaser with whom you have had dealings. No User shall take any actions which may undermine the integrity of the feedback system, such as: leaving positive feedback for himself using secondary User ID's or third parties; leaving negative feedback for other Users using secondary accounts or third parties (feedback bombing); or leaving negative feedback if a User fails to perform some action that is outside the scope of the auction or shopping (feedback extortion). (b) When using the feedback or communication channel, forum or bulletin boards, you are prohibited from any posting, sending, transmitting, uploading or otherwise publishing through Buystation, any materials that (i) interfere with anyone else's use of this Site; (ii) are abusive, illegal, indecent, obscene, offensive or threatening in any way; (iii) encourage anyone to break the law; (iv) violate anyone's copyright or other property right; (v) interfere with the privacy of any other use; (vi) contain a virus or other harmful component; or (vii) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. 11.3 Buystation' Disclaimer in respect of Feedback, Message, Forum, Bulletin Boards and other Users supplied materials Buystation does not and is under no obligation to monitor or review the feedback and communication channel, forum, bulletin boards, discussions, postings, transmissions and the messages posted or sent through or on this Site and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. You hereby irrevocably and unconditionally waive any claim against Buystation for defamation, libel or whatsoever arising out of any such communication. Buystation may reject or remove any User's material or conversations that are illegal, indecent, obscene or offensive, or that violates the terms of this Agreement in any way or request the User to make suitable amendments in order to comply with the terms herein, and Buystation reserves all the right to claim damages and /or apply for other legal remedies in relation thereto. 12. Rights of Buystation 12.1 Right to suspend or terminate the account of a User without any compensation if such User shall be found to have: (a) breached the terms and conditions set out in this agreement, or (b) (by conviction, settlement, insurance or escrow investigation, or otherwise) engaged in fraudulent activity in connection with this Site 12.2 Rights as regards materials supplied by a User Buystation shall have the absolute and unfettered right to reject or remove any information or materials supplied by a User without notice or compensation to the Seller. Without derogating from this right, Buystation shall have the right to reject or remove any information or materials supplied if Buystation shall consider (without having to assign any reason therefor) that the information or material, if published or continued to be published, would cause Buystation to incur any liability to third parties or would cause Buystation to be in breach of any law or regulations of any competent jurisdiction or rights of third parties. 12.3 Right to withdraw Good Buystation shall have the absolute and unfettered right to withdraw any Good without notice or compensation to a Seller. Without derogating from this right, Buystation shall have the right to withdraw a Good if: (a) the Good is within Buystation' Prohibited Items List, which can be inspected here. The Prohibited Items List may be updated by Buystation from time to time; (b) the Seller is found to have breached the terms and conditions set out in this agreement or the account of the Seller is suspended by Buystation pursuant to the terms of this agreement; (c) if Buystation is unable for any reason whatsoever to verify or authenticate any information provided by the Seller. 13. No Warranties 13.1 This Site is provided by Buystation on an "as-is" basis and the only obligations on Buystation are set out in this Agreement. Buystation gives no warranty or condition, express or implied other than those expressly set out herein. Buystation does not warrant that the functions contained in this Site and the Services provided will be uninterrupted or error free, that defects will be corrected, or that this Site or its server are free of viruses or other harmful components. Buystation does not warrant or make any representations regarding the use or the results of the use of this Site. Buystation specifically disclaims the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of any rights (intellectual or otherwise) in respect of any Good. 13.2 The payment gateway and the ancillary payment processing facilities are provided to the Users for convenience only and Buystation gives no warranty, expressed or implied, in connection with such facilities. Buystation will in no event be liable for any loss, damages, costs or expenses suffered or incurred by the Users arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting credit card account of the Users as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities. 14. Miscellaneous 14.1 System Integrity No User shall: (a) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any auction being conducted on this Site; (b) take any action which imposes an unreasonable or disproportionately large load on the infrastructure of this Site; (c) disclose or share his/her password to any third parties or use his/her password for any unauthorized purpose. 14.2 General Compliance with Laws All Users shall comply with all applicable laws, statutes, ordinances and regulations regarding his/her use of the Services and any bidding on, listing, purchase and sale of the Good herein. 14.3 No Agency Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture, employee/employer or franchiser/franchisee between Buystation and any Seller, Bidder or Purchaser or other Users of this Site or the Services. 14.4 Notices Except as explicitly stated otherwise, any notices shall be given by way of E-mail, and in respect of the User, notices shall be deemed given if sent to the E-mail address provided by the User to Buystation during registration process or such other address as the User shall specify, or by posting such notices on this Site. Alternatively, Buystation may give notice to the User by pre-paid ordinary post to the address provided to Buystation during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 14.5 Warning on currency fluctuations The price of the Good and the bids made for the Good is quoted and made in New Zealand Dollars. The completion of the transaction will also be conducted in New Zealand Dollars. The Users are reminded to take note that the exchange rate of New Zealand Dollars against other currencies may fluctuate from time to time and if any User uses another currency as his base currency, the price of the Good to him in such foreign currency may change from time to time. 14.6 Severability Any provision of this Agreement prohibited by or unlawful or unenforceable under any applicable law actually applied by any court of competent jurisdiction shall, to the extent required by such law, be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement. Where, however, the provisions of any such applicable law may be waived, they are hereby waived by the parties hereto to the full extent permitted by such law to the end that this Agreement shall be valid, binding and enforceable in accordance with its terms. 14.7 Governing Law and Jurisdiction (a) This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. (b) In relation to any legal action or proceedings arising out of or in connection with the use of this Site, each of the relevant parties irrevocably submits to the jurisdiction of the Courts of the Hong Kong Special Administrative Region and waives any objection to Proceedings in any such Court on the grounds that the Proceedings have been brought in any inconvenient forum. (c) The submission to the jurisdiction of the Courts of Hong Kong as aforesaid shall not affect the right of any other party to take Proceedings in any jurisdiction nor shall the taking of Proceedings in any jurisdiction preclude any other party from taking Proceedings in any other jurisdiction. 14.8 Language This agreement is posted in English. Prohibited Items & Content No unlawful or dangerous items and content may be posted on Buystation. Auction that belongs to "Prohibited Items & Contents" will be removed. All Fees of this auction will not be refunded. Please read the following Prohibited items & content list. 1. Illegal Items Any items or material the sale or possession of which is prohibited under the Laws of Hong Kong, SAR. 2. OEM Items OEM Items are products of Original Equipment Manufacturer. Anyone selling those items without official authorization from the respective manufacturer is infringing its copyright and such activity is strictly prohibited. 3. Counterfeit Items Any item which whether by itself or which contains any design, mechanisms or mark, constitutes an infringement of the copyright, patent, trademark or other proprietary rights (whether intellectual or otherwise) of another party. Copies or duplicates of videos, music, games or software which have been copied or duplicated without the permission of the author or author's agent. Any digital format of media the transfer of which is prohibited or is unlawful whether by reason of its being prohibited by law or that such transfer requires the consent of another party. Unauthorized replicas of trademarked items. Images or names of celebrities, the use of which is prohibited without the permission of such celebrity or his agent. 4. Pirated and Stolen items All items listed should be the property of the seller which is free from incumbrances. 5. Pornography Items containing images or text of a pornographic nature, including pictures, graphics, images, articles, and links to web-sites containing pornographic materials. 6. Living Creatures All live animals. 7. Perishable Goods All goods of a perishable nature including unpackaged food stuff and packaged or tinned food stuff which will expire within 3 months of its being offered for sale. 8. Homemade Alcoholic Beverages Only commercially produced alcoholic beverages which are in unopened containers and which are permitted to be sold under the Laws of the Hong Kong SAR may be listed for sale. 9. Cigarettes 10. Firearms and Weapons All weapons, firearms, ammunition and articles reasonably considered to be an offensive weapon under the Laws of the Hong Kong SAR including the fittings and parts thereof are prohibited. Catalogs and literature about firearms are permitted. 11. Offensive Material All items which are deemed offensive by or which may cause distress or offence to members of society including hate literature, disturbing and hateful images or text. 12. Flammable and Corrosive Items All items which are or which contain material of an inflammable, unstable, corrosive or dangerous nature. 13. Advertising Items Items that are intended to serve as commercial issues, advertisement "portals" to private web sites or that offer contact information for non-Buystation.com auction transactions. 14. Inappropriate Description of Goods and Linking Sellers may only describe the items offered for sale with text or images and such description shall not contain any cross-link or hyperlink or any reference to web-sites other than (1) Buystation web site or (2) a page in another web-site containing only the description of the items offered for sale and no advertisement for other goods or services. Seller is not allowed to fill in conditions of sale other than those set out in the auction details. Without prejudice to the foregoing, the seller shall not specify the goods to be sold to a particular user. Seller shall only provide relevant information in the auction details. Buystation reserve the right to reject or remove any irrelevant information, including but not limited to the e-mail address and telephone number of the seller, in the auction details without notice or compensation to the seller. 15. Human Parts and Human Remains 16. Others Items whose sale is prohibited by the Laws of Hong Kong SAR. E.g. stocks & securities, lottery tickets, cable descrambler and items which contain information that leads to the sale of illegal material. Items sold must comply with the Laws of Hong Kong SAR. This includes the auction of items by individuals outside the Hong Kong SAR and buyers outside the Hong Kong SAR.
	I accept the Terms & Conditions stated above

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