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Term & Conditions
1. Application and Acceptance of the Terms
PLEASE READ THE TERMS AND CONDITIONS VERY CAREFULLY.
These Terms of Conditions describe the terms and conditions applicable to your use of our website. This document is legally binding between you as the user(s) and the Hawkerrz entity.
- countries and regions in which you reside.
- You acknowledge and agree that Hawkerrz may amend the Terms any time by publishing the amended Terms on the site. By continuing to use our services, it is considered that you agree to the amended Terms.
- If Hawkerrz posts or provides a translation of the English language version of the Terms, you agree and accept that the translation is provided for your convenience only and the English language version governs your use of the site.
- You may be required to enter into a separate agreement, online or offline, with Hawkerrz or any of our affiliated companies to make use of any services. If there is any inconsistency or clash between the Terms and the Additional Agreement that gets made, the Additional Agreement shall take precedence over the Terms only for the services that it is in relation to.
- The Terms may not otherwise be amended except in writing by an authorized officer of Hawkerrz.
2. Provision of Services
- You must register yourself as a member of Hawkerrz to access and use our services. Hawkerrz reserves the right, without prior notice, to restrict your access and use of certain services or features of our website.
- Some services may be provided by Hawkerrz affiliated companies and partners on behalf of Hawkerrz.
- Services may vary from region to region. No warranty is given that a particular service or feature will be available for all users. Hawkerrz may in sole discretion limit, deny, or devise different levels of access to any services in relation to different users.
- Hawkerrz may launch, update, amend, impose conditions, or suspend their services without prior notice except in the case of a fee-based service; hence such changes will not substantially affect the experience of paying users.
3. Users Generally
- By accessing and using our services, you agree and accept that you will abide by all applicable laws and policies when using our site.
- You agree and accept to use our services solely for private and internal purposes. You agree not to copy, download, reproduce, re-sell, redistribute any services or information, text, images, clips, sounds, or databases, available through our website. And you agree you will not copy, reproduce, compile, or otherwise use our content to operate a business that competes with Hawkerrz. Systematic retrieval of our content without written permission from Hawkerrz is proscribed.
- Hawkerrz may allow its users to access any content, features, product, or services offered by a third party through hyperlinks. You are recommended to read such third party websites’ terms and conditions before using the site. And you acknowledge that Hawkerrz has no control over such third parties’ websites. It shall not be held responsible or liable for such websites, for their content, products, services, etc.
- You agree and accept not to undertake any action to undermine the integrity of the network of Hawkerrz or any other user, nor to gain unauthorized access to such networks.
- You agree and accept not to undertake any action which may undermine the integrity of Hawkerrz feedback system, such as posting positive feedback by yourself through secondary member user IDs or third parties or by posting unwarranted negative feedback for any other user.
- By posting any information or content (User Content) on Hawkerrz or our representative(s), you grant a permanent, lasting, worldwide, royalty-free, and sub-licensable license to Hawkerrz to display, transfer, distribute, publish, duplicate, amend, translate, create secondary work out of it, like using it as product description on our site, or advertising outside Hawkerrz in any manner which may be beneficial to the operation of the site. You agree and acknowledge to Hawkerrz that you have all the rights and authority to grant the above license
4. Member Accounts
- The users must be registered on Hawkerrz to access and use our services. A registered user is referred to as a Member. Except with Hawkerrz approval, one user can only register one member account. Hawkerrz reserves the right to cancel or fully terminate a member account if Hawkerrz has reasonable grounds to suspect that the User has concurrently registered two or more member accounts. Furthermore, Hawkerrz may reject the User’s registration application for any reason.
- Upon registration, Hawkerrz shall assign an account and issue a member ID and password (latter shall be chosen by the User) to each user. An account may have a web-based email account with limited storage space for the Member to be able to send or receive emails.
- A set of member ID and password is unique to a single member account. Each member will be solely responsible for maintaining its confidentiality and privacy, and all the activities that happen under your account. No member may share, assign, or allow the use of your account, ID, or password to another person. Member must notify Hawkerrz immediately if they become aware of any unauthorized access to your account or any other security breach of your account.
- Member agrees and accepts that all activities that happen under your account (including without limitation, posting any company, product information, clicking to accept any Additional Agreements, subscribing, or making any payment, sending emails) will be considered to have been authorized by the Member.
- Member acknowledges that sharing of your account with another person, or even allowing multiple users to access or use your account, may cause irreplaceable harm to the entity of Hawkerrz or other Members of our site. Member shall recompense Hawkerrz, our affiliated companies, partners, employees, and representatives against any loss or damage (including but not limited to any loss of profits) in the case of multiple uses of your Member account. Member also agrees and accepts that in case of multiple uses or Member’s failure to maintain the confidentiality of your account, Hawkerrz shall not be held responsible for any loss and damages that arise and Hawkerrz shall also reserve the right to suspend or terminate the concerned Member’s account without holding any liability to the Member
5. Member’s Responsibilities
- Each Member warrants and agrees that they have full power and authority to accept all the Terms in this agreement.
- Members will be required to provide information or material about your entity, this is essential to the registration process. Each Member represents, warrants, and agrees that such information and material is correct, complete, current, and accurate. And that the Member will maintain and promptly amend all information and material to keep it correct, complete, current, and accurate.
- Each Member represents, warrants, and agrees that any User Content they submit, publish, or display does not infringe any of the copyright, patent, trademark, trade secrets or any Third Party Rights.
- Each Member represents, warrants, and agrees that the User Content that you submit, post, or display shall:
- Be true, accurate, complete, and lawful;
- Not be false, misleading, or bogus;
- Not contain information that is defamatory, libelous, threatening, obscene, offensive, sexually explicit, or harmful to minors;
- Not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, sexual orientation, or age;
- Not contain any form of links directly or indirectly to any other website which includes any content that may violate the Terms of our site.
- Each Member represents, warrants, and agrees that you shall:
- Carry on your access and use of our services in compliance with all applicable laws and regulations;
- Carry on your access and use of our services in compliance with the Terms and Additional Agreements, if applicable;
- Not use the services or site to defraud any other person or entity;
- Not impersonate any person or entity, misrepresent yourself or your affiliation with a third person or entity;
- Not engage in spamming;
- Not engage in any other unlawful activities (including without limitation those which constitute a criminal offense, give rise to any civil liability, etc) or encourage or assist any unlawful activities;
- Not involve attempts to copy, republish, or exploit Hawkerrz proprietary directories, databases, and listings;
- Not involve any computer viruses or other harmful devices and codes that could damage, interfere with or expropriate any software or hardware system, and even personal information;
- Not involve any scheme to undermine the integrity of the system, networks, and data used by Hawkerrz or gain unauthorized access to such system, networks, and data;
- Not engage in any activities that would otherwise create any liability for Hawkerrz or our affiliates.
- Members may not use the services and the account to engage in any activities similar to Hawkerrz entity.
- Member agrees and accepts to provide all necessary information, materials, approval, and cooperation for Hawkerrz provision of the services, evaluating whether Member has breached the Terms or handling any complaint against the Member. If Member fails to do so, it shall result in delay, suspension, or termination of the services. Hawkerrz will not be obliged to extend the relevant service period nor be held responsible for any loss or damages arising from such delay, suspension, or termination.
- Member acknowledges and agrees that Hawkerrz shall not be required to actively monitor nor exercise editorial control over the content of any message, material, and information that has been created, obtained, or made accessible through the services. Hawkerrz does not endorse, verify, or certify the contents of any comments or other information posted by any Member. Each Member is solely responsible for the contents of their communication and can also be held legally liable for the content of their comments, material, or information.
6. Breaches by Members
- Hawkerrz reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post, or display on the site which we reasonably believe violates the terms, or could subject Hawkerrz or affiliated companies to liability or is found unlawful or inappropriate in Hawkerrz opinion.
- If any Member breaches any Terms or if Hawkerrz has reasonable grounds to believe so, Hawkerrz reserves the right to impose a penalty against the Member, or suspend, terminate the Member’s account without any liability to the Member. Hawkerrz also has the right to restrict, deny, or ban any current or future use of any service. The penalties may also include, among others, warning, removing any product listing or User Content, imposing restrictions on the Member’s use of any features for such period as Hawkerrz seems appropriate.
- Without limiting the generality of the provisions of the terms, a Member would be considered as being in breach of the Terms in any of the following cases:
- Hawkerrz has reasonable grounds to suspect that a Member has used a stolen credit card or other false or deceiving information in any transaction with a counterparty,
- Hawkerrz has reasonable grounds to suspect that any information or material provided by the Member is not up to date, complete or is untrue, incorrect, or misleading,
- Hawkerrz believes that Member’s actions may cause financial damages or legal liability to Hawkerrz or our affiliates or any other User of the site.
- Hawkerrz reserves the right to cooperate with governmental authorities, private investigators, and/or injured third parties in the investigation of any suspected civil or criminal wrongdoing on the site. Further, Hawkerrz may disclose the Member’s identity and contact information, if requested by these governmental and law enforcement bodies, an injured third party, or as a result of a subpoena or other legal methods. Hawkerrz shall not be liable for damages arising out of such disclosure, and Member agrees not to bring on any action or claim against Hawkerrz in this case as well.
- If a Member is in breach of the Terms, Hawkerrz reserves the right to publish the records of such breach on the site. If such breach includes or is reasonably suspected of including dishonest or fraudulent activities, Hawkerrz also reserves the right to disclose the records of such breach to our affiliated companies. Such Hawkerrz affiliates may impose a limitation, suspend or terminate the Member’s use and access of part or whole services provided by such affiliates, take other remedial actions and publish the records about the Member’s breach of the Terms on the site operated and controlled by Hawkerrz affiliates.
- Hawkerrz in our reasonable discretion at any time may impose limitations, suspend or terminate the Member’s use and access of the Services without being liable to the Member if Hawkerrz has received notice that Member is in breach of any agreement or undertaking with any affiliate and such breach involves or is reasonably suspected to involve dishonest, deceiving or fraudulent activities. Hawkerrz reserves the right to publish the records of such breach on the site. And Hawkerrz shall not be required to inquire such breach or request confirmation from the Member.
- Each Member agrees to recompense Hawkerrz, our affiliates, directors, employees, and representatives and to hold them harmless, from any losses, damages, and liabilities (including legal costs on a full indemnity basis) which may arise due to your posting, submission or display of any User Content, from your use of the Site, or your breach of the Terms.
- Each Member further agrees that Hawkerrz shall not be held responsible, and shall have no liability to you or anyone else for any User Content or other material transferred over the site, including fraudulent, deceiving, inaccurate, defamatory, obscene, or illicit material and that the risk of damage that may arise from such material rests entirely with the Member concerned. Hawkerrz reserves the right to assume the exclusive defense and control of any matter if not subject to indemnification by the Member, in which case the Member shall cooperate with Hawkerrz in affirming any available defenses
7. Transactions between Customers and Hawkerrz
- The customer agrees and accepts to provide all information and material as necessary by Hawkerrz in relation to order placement at Hawkerrz. Hawkerrz reserves the right to suspend or terminate any Customer’s account if the Customer fails to provide with the necessary information and material or provides inaccurate, untrue, incomplete, or fraudulent information.
- Each User agrees and accepts that Hawkerrz shall not be held liable or responsible for any damages, claims, costs, harms, business disruptions, or expenses of any kind that may arise from a result of or in relation to any use or storage of any products purchased from Hawkerrz.
- Hawkerrz will maintain all applicable PCI DSS standards and protect all data provided by the cardholder.
- When you make a purchase, you agree that the risk of loss transfers from Hawkerrz to the Customer from the moment we deliver your order to the Carrier.
- You will sustain all liabilities and responsibilities during the third-party carriage of your order.
8. Limitation of Liability
- To the maximum extent that is permitted by law, the services provided by Hawkerrz on or through the site are provided “as is”, “as available”, and “with all faults”, and Hawkerrz hereby expressly disclaims any warranties, express or implied, including but not limited to, any warranties of condition, quality, longevity, performance, correctness, reliability, merchantability, or fitness for a particular purpose.
- To the maximum extent that is permitted by law, Hawkerrz makes no representations or warranties about the validity, correctness, reliability, quality, stability, or completeness of any information provided on or through the sites. Hawkerrz does not represent or warrant that the manufacture, importation, exportation, distribution, offer, display, sale, purchase, and/or use of products or services offered or displayed on the sites does not violate any Third-Party Rights. And Hawkerrz also does not make any representations or warranties of any kind concerning any product or service offered or displayed on the sites.
- Any material downloaded or obtained through the Site is done at each User’s sole discretion and risk. Each User is solely responsible for any damage to Hawkerrz software system or loss of data that may result from any download of material. No form of advice or material acquired by any User from or through Hawkerrz shall create any guarantee not explicitly stated here.
- Each User further agrees and accepts to recompense and save Hawkerrz, our affiliated companies, representatives, directors, and employees harmless, from any losses, damages, 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 and services offered or displayed on the Site. Each User also agrees and accepts that Hawkerrz is not responsible and liable, for any material posted by others; including libelous, obscene, offense, or unlawful material, and the risk of damages from such material rests with the concerned User. Hawkerrz reserves the right to assume the exclusive defense and control of any matter if not subject to indemnification by you, in which case you shall cooperate with Hawkerrz in affirming any available defenses.
- Hawkerrz shall not be held responsible or liable for any special, direct, indirect, disciplinary, incidental, or successive damages or any damages whatsoever (including but not restricted to damages for loss of profits or savings, business operation interruption) arising from any of the following:
- The use or the inability to use the Site and services;
- Any defect in products, samples, data, material or services purchased or obtained from a User or any other Third-Party through the Site;
- Unauthorized access by third parties to data or private information of any User;
- Statements or conduct of any User of the Site; or;
- Any matters relating to Services however arising, including negligence.
- Despite any of the aforesaid provisions, the combined liability of Hawkerrz, our affiliates, employees, agents, representatives, or anyone acting on our behalf with respect to each User for all claims or liabilities resulting from the use of the Site during any year shall be limited to the greater of (a) the amount of payment the User has paid to Hawkerrz or our affiliates during the calendar year and (b) HK$1000. The foregoing sentence shall not preclude the requirement by the User to prove actual damages. All claims resulting from the use of the Site and services must be filed within 1 year from the date the cause of action arose.
- The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall still apply if or if not Hawkerrz has been advised or been made aware of the possibility of any such losses resulting
9. Force Majeure
- Under no conditions shall Hawkerrz be held liable for delay, incompliance, failure, or interruption of material and services provided through the Site, which actually have directly or indirectly resulted from acts of nature or causes beyond Hawkerrz control, including without limited to, internet failures, or any other software failures, electricity failure, labor riots, rebellion, shortage of staff or material, acts of God, war, governmental actions, or non-performance of Third-Parties.
10. Intellectual Property Rights
- Hawkerrz 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 encompasses trade secrets and other intellectual property rights protected under worldwide copyright and laws. All title, ownership, and intellectual property in the Site Content shall remain with Hawkerrz, our affiliates, or licensors of the Site Content, as the case may be. All the rights not otherwise claimed under the Terms or by Hawkerrz are hereby reserved.
- Hawkerrz and related icons and logos are registered trademarks or trademarks or service marks of Hawkerrz.
- Hawkerrz may have independent Third-Parties involved in the provision of the services (for example the authentication or verification service providers). You may not use any trademark, service mark, icons, or logos of such independent Third-Parties without prior written consent from such concerned parties
- All legal notices or demands to or upon Hawkerrz shall be made in writing and sent to Hawkerrz personally, through courier or certified mail to the following address: 5000 Thayer Center, STE C Oakland , MD 21550. The notices shall take effect when they are received successfully by Hawkerrz in the foregoing manners.
- All legal notices or demands to or upon the User shall take effect if either delivered personally, through courier, certified mail or email to the last-known correspondence, fax or email address provided by the User to Hawkerrz, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed received if and when:
- Hawkerrz can indicate that communication, whether physical or electronic form, has been sent to such User;
- Immediately upon Hawkerrz posting such notice or demand on an area of the Site that is publicly accessible without charge.
- You agree and accept that all agreements, notices, terms, demands, disclosures, and other communications that Hawkerrz sends out to you electronically satisfy the legal requirement of such communication be in writing.
12. General Provisions
- Subject to any Additional Agreements, the Terms comprise the entire agreement between you and Hawkerrz with respect to and govern your access and use of the Site and our services, superseding any prior written or oral agreements concerning the same subject matter here.
- Hawkerrz and you are independent contractors, and no agency, representative, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
- If any provision of the Terms is held to be invalid or void, such provision shall be deleted and the remaining provisions shall remain valid and stay enforced.
- Headings are for reference purposes only and in no way define, limit, interpret or describe the scope, extent, or content of such action.
- Hawkerrz failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right or a waiver of Hawkerrz right to act with respect to subsequent or similar breaches.
- Hawkerrz shall have the right to assign the Terms, including all of our rights, titles, benefits, perks, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Hawkerrz).
If you have any doubts or queries, please feel free to Contact Us