Terms of Use
Welcome to the chiligala.com website and/ or the CHILIGALA mobile app. Please read these terms and conditions ("Terms of Use") carefully. The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/ or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/ or use this Platform or the Services. The Terms of Use provides you with information on the do’s and don’ts on the access and use of the CHILIGALA Platform. If you are using the engagement tools provided by CHILIGALA on CHILIGALA's websites and/ or mobile applications, the Platform Engagement Tools Terms & Conditions shall apply.
If you are accessing, uploading or viewing (1) Livestream Content; (2) content generated by you or Seller which is uploaded or viewed on CHILIGALA Platform; and (3) content generated by third parties hired by CHILIGALA, the CHILIGALA Content Terms of Service shall apply.
Access to and use of password protected and/ or secure areas of the Platform and/ or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/ or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offense under the Computer Misuse Act of Hong Kong.
If you are below 18 years old: You must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/ accessing this Platform and using the Services.
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of Use.2. General use of Services and/ or access of Platform
2.1 Guidelines to the use of Platform and/ or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of the Services and/ or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.2 Restricted activities: You agree and undertake NOT to:
(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Platform or Services for illegal purposes;
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
(d) post, promote or transmit through the Platform or Services any Prohibited Materials;
(e) interfere with another’s utilization and enjoyment of the Platform or Services;
(f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or Services; and
(g) use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
2.3 Availability of Platform and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the Terms of Use contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any Customer to the Platform and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/ or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
2.5 Privacy Policy: Your use of the Services and/or access to the Platform is also subject to the Privacy Policy as set out at https://www.chiligala.com/pages/privacy-policy
2.6 Terms & Conditions of Sale for CHILIGALA and CHILIGALA Mobile would be subject to the Terms & Conditions as set out at https://www.chiligala.com/pages/terms-conditions.
2.7 Additional terms: In addition to these Terms of Use, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.
3. Use of Services
3.1 Application of this Clause: In addition to all other terms and conditions of these Terms of Use, the provisions in this Clause 3 are the additional specific terms and conditions governing your use of the Services.
3.2 Restrictions: Use of the Services is limited to authorized Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.
3.3 General terms of use: You agree:
(a) to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
(b) to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.
CHILIGALA reserves the right to cancel or reject any use of this Services at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.
3.4 Product Description: While we endeavor to provide an accurate description of the Products, we do not warrant that such description is accurate, current, or free from error.
3.5 Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
3.6 Third Party Vendors: You acknowledge that parties other than CHILIGALA (i.e. Third Party Vendors) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by CHILIGALA or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer. You further acknowledge that Third Party Vendors may utilize paid services offered by CHILIGALA to promote their Product listings within your search results on the Platform.
4. Customers with CHILIGALA accounts
4.1 Username/ Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be:
(i) determined and issued to you by us; or
(ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/ or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/ or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/ or Password or if your Personal Data requires updating.
4.2 Purported use/access: You agree and acknowledge that any use of the Services and/ or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
(a) access to the relevant Platform and/ or use of the Services by you; or
(b) information, data, or communications posted, transmitted, and validly issued by you.
You agree to be bound by any access of the Platform and/ or use of any Services (whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/ or access to the Platform referable to your Username and Password.
5. Intellectual property
5.1 Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors, or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.5.2 Restricted Use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print, or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5.3 Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.
6. Refunds/ Returns/ Repairs/ Replacements
6.1 Return Policy: All returns must be done in accordance with the instructions set out in the CHILIGALA Returns Policy.7. Questions and complaints
7.1 If you have any questions or complaints, you may contact CHILIGALA using the “Contact Us” page on the Platform, as applicable.7.2 CHILIGALA reserves the right to suggest and implement an appropriate resolution at its sole discretion.
8. Your Submissions and Information
8.1 Submissions by you: You grant us a non-exclusive license to use the materials or information that you submit to the Platform and/ or provide to us, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove, or edit your Submissions.8.2 Consent to receive e-mails: You consent to and authorize the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Hong Kong or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
8.3 Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy at https://www.chiligala.com/pages/privacy-policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.
9. Termination
9.1 Termination by us: In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Platform and/ or Services and/ or disable your Username and Password. We may bar access to the Platform and/ or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.9.2 Termination by you: You may terminate these Terms of Use by giving seven days’ notice in writing to us.
10. Notices
10.1 Notices from us: All notices or other communications given to you if:
(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
10.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
10.3 Other Modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of providing notice (including but not limited to e-mail, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
11. General
11.1 Cumulative Rights and Remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
11.2 No Waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
11.3 Severability: If at any time any provision of these Terms of Use shall be or shall become illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Terms of Use.
11.4 Rights of Third Parties: A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act of Hong Kong or any similar legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.
11.5 Governing law: Use of the Platform and/ or the Services and these Terms of Use shall be governed by and construed in accordance with Hong Kong law and you hereby submit to the exclusive jurisdiction of the Hong Kong courts.
11.6 Except as provided for in Clause 11.5, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Hong Kong International Arbitration Centre (HKIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the HKIAC. The place of arbitration shall be Hong Kong. Any award by the arbitration tribunal shall be final and binding upon the parties.
11.7 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
11.8 Amendments: We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.
11.9 Correction of Errors: Any typographical, clerical, or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
11.10 Currency: Money references under these Terms of Use shall be in Hong Kong Dollars.
11.11 Language: In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.
11.12 Entire Agreement: These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
11.13 Binding and Conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/ or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
11.14 Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/ or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
11.15 Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.
11.16 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
Schedule 1 - Definitions and Interpretation
1. Definitions:
1.1 “Customer” means an authorized user of the Platform and/ or the Services.
1.2 “Intellectual Property” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.3 “CHILIGALA Indemnitees” means CHILIGALA and all of its respective officers, employees, directors, agents, contractors and assigns.
1.4 “CHILIGALA”, “we”, “our” and “us” refer to GS5 International Co. Ltd., a company incorporated pursuant to the laws of Hong Kong under registration number 2541764 and having its registered address at Unit C, 18/F, Block 1, Way Lee Industrial Centre, 30-38 Tsuen King Circuit, Tsuen Wan, Hong Kong.
1.5 “CHILIGALA Payment” means payments made on the CHILIGALA Platform.
1.6 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
1.7 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.
1.8 “Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
1.9 “Order” means your order for Products sent through the Platform in accordance with the relevant Terms & Conditions of Sale.
1.10 “Password” refers to the valid password that a Customer who has an account with CHILIGALA may use in conjunction with the Username to access the relevant Platform and/ or Services.
1.11 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
1.12 “Platform” means (a) both the web and mobile versions of the website operated and/ or owned by CHILIGALA which is presently located at the following URL: www.chiligala.com; and (b) the mobile applications made available from time to time by CHILIGALA, including the iOS and Android versions.
1.13 “Privacy Policy” means the privacy policy set out at https://www.chiligala.com/pages/privacy-policy.
1.14 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.15 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
(a) contains any computer virus or other invasive or damaging code, program or macro;
(b) infringes any third-party Intellectual Property or any other proprietary rights;
(c) is defamatory, libelous, or threatening;
(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law (including without limitation the provisions of the Hong Kong Broadcasting Authority); and/ or
(e) is or may be construed as offensive and/ or otherwise objectionable, in our sole opinion.
1.16 “Services” means services, information and functions made available by us at the Platform.
1.17 “Submission” is as defined in Clause 8.1 of these Terms of Use.
1.18 “Terms & Conditions of Sale for CHILIGALA” means the terms and conditions governing a Customer’s purchase of the Products and are set out at https://www.chiligala.com/pages/terms-conditions.
1.19 “Terms of Use” means the recitals, Clauses 1 to 11 and any Schedules to these terms and conditions governing the Customer’s use of the Platform and/or Services and are set out at https://www.chiligala.com/pages/terms-conditions.
1.20 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.21 “Username” refers to the unique login identification name or code which identifies a Customer who has an account with CHILIGALA.
1.22 “Voucher” means a voucher for credit which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the Platform.
1.23 “Voucher Terms & Conditions” are set out at https://www.chiligala.com/pages/terms-conditions.
1.24 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
1.25 “Business Day” means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Hong Kong.
1.26 “Customer Contract” shall be as defined in Clause 2.6.
1.27 “Product Warranty” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.28 “Return Policy” means the return policy set out at CHILIGALA Returns Policy.
1.29 “Third Party Vendor” means a seller which, with CHILIGALA’s permission, uses the Platform and/ or Services to sell Products to Customers, and excludes CHILIGALA.
1.30 “Seller” means a seller of Products as described in Clause 2.3, and includes a Third Party Vendor.
2. Interpretation:
Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of CHILIGALA and the provision which is more favorable to CHILIGALA shall prevail.
Terms & Conditions of Sale
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.
2. Purchase of Products
2.1 Your Compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by CHILIGALA (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. CHILIGALA reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.2 Product Description: While Seller endeavors to provide an accurate description of the Products, neither CHILIGALA nor Seller warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale for CHILIGALA shall apply.
2.3 Sellers: Products are sold by “Sellers”. CHILIGALA may be a “Seller” for selected Products. “Seller” may also refer to a party other than CHILIGALA (such party referred to in these Terms & Conditions of Sale for CHILIGALA as a “Third Party Vendor”). Whether a particular Product is listed for sale on the Platform by CHILIGALA or a Third Party Vendor may be stated on the webpage listing that Product. Products sold to you by Sellers will be governed by individual Customer Contracts (more details below in Clause 2.6) which:
2.3.1 for Products sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you; and
2.3.2 for Products sold by CHILIGALA, shall be agreements entered into directly and only between CHILIGALA and you.
2.4 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Place my Order” button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
2.5 Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which Seller will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order.
2.6 Seller’s reservation of rights in respect of Orders: All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Seller accepting your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.
2.7 Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the Platform, under the “Specifications” tab in the fields “Warranty Type” and “Warranty Period” for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.
2.8 Customer’s Acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either CHILIGALA or Seller. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale for CHILIGALA and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.
2.9 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9:
2.9.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller;
2.9.2 Seller binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Seller's opinion in that behalf. Neither CHILIGALA nor Seller gives any warranty as to the quality, state, condition or fitness of the Products;
2.9.3 CHILIGALA shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of CHILIGALA, addition and insertion of parts, in particular of spare parts which do not come from CHILIGALA;
2.9.4 Seller shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/ electronic or electric influences, the Customer or third parties’ failure to follow CHILIGALA's instructions (whether oral or in writing) misuse or alteration or repair of the Products without CHILIGALA's approval;
2.9.5 Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without CHILIGALA’s prior written approval and the Customer shall indemnify Seller against all Losses arising out of such claims;
2.9.6 Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and
2.9.7 Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.
2.10 Intellectual Property:
2.10.1 Unless the prior written consent of CHILIGALA has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
2.10.2 Where software applications, drivers or other computer programmes and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of license or use (such as end-user licenses, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
2.10.3 The Customer agrees and acknowledges that the Product Materials shall remain the property of Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of CHILIGALA has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon CHILIGALA’s request.
3. Delivery of Products
3.1 Address: Delivery of the Products shall be made to the address you specify in your Order either by Seller or by CHILIGALA (or its agents) on behalf of Seller.
3.2 Delivery & packing charges: Delivery and packing charges shall be as set out in the Order.
3.3 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.
3.4 Delivery time-frame: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery time-frame stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery time-frames given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery howsoever caused.
3.5 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform CHILIGALA within 3 days immediately from such projected delivery date, Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If CHILIGALA does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product.
3.6 Voucher from CHILIGALA: If there is a delay in delivery of the Products, CHILIGALA may in its sole discretion offer a Voucher to the Customer. Upon the acceptance of a Voucher by the Customer, the Customer shall have no further claim against Seller.
3.7 Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.
3.8 Unattended Delivery: CHILIGALA provides the option of having your Products left at the Customer’s doorstep, or as otherwise instructed by the Customer, as an “Unattended Delivery.” Please note that some orders will not be eligible for Unattended Delivery. While CHILIGALA’s goal is to honor the Customer’s preferences whenever possible, CHILIGALA is unable to guarantee that CHILIGALA (or our agents) will be able to meet these instructions under all circumstances. If the Customer selected for an Unattended Delivery and no one is available to accept the delivery of the Products, CHILIGALA (or our agents) will leave the Customer’s Products unattended on or in front of the Customer’s premises, or as instructed. Where the Customer specifically instructs CHILIGALA (or our agents) to leave the Customer’s Products outside the door, or as instructed by the Customer, of the specified delivery address, such delivery (including unattended alcohol) shall be at the Customer’s sole risk and the Customer accepts all liability and risk of loss, theft, and damage.
4. Prices of Products
4.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform).
4.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
5. Payment
5.1 General: You may pay for the Product using any of the payment methods prescribed by CHILIGALA from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to CHILIGALA, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). You acknowledge that CHILIGALA is entitled to collect payments from you on behalf of Third Party Vendors.
5.2 Additional Terms: The payment methods may be subject to additional terms as prescribed by CHILIGALA from time to time.
5.3 Payment Methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include CHILIGALA), for any failure, disruption or error in connection with your chosen payment method. CHILIGALA reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
5.4 Payment by Voucher: If you use a Voucher, the Voucher Terms & Conditions as set out at https://www.chiligala.com/pages/terms-conditions would apply.
5.5 Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract.
5.6 Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
5.7 Refund of Payment:
(a) All refunds shall be made via the original payment mechanism and to the person who made the original payment, provided that such refund is processed within 60 days from the time payment was successfully completed, except for Cash on Delivery, where refunds will be made via bank transfer into the individual’s bank account provided that complete and accurate bank account details are provided to us.
(b) We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
(c) All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
(d) All refunds are conditional upon our acceptance of a valid return of the Product.
(e) We reserve the right to modify the mechanism of processing refunds at any time without notice.
5.8 CHILIGALA Payment is operated by various operators for GS5 International Co. Ltd. (“CHILIGALA”)
6. Refunds/ Returns/ Repairs/ Replacements
6.1 Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy at CHILIGALA Returns Policy. Customer may initiate the returns process by communicating with Seller or CHILIGALA through the Platform, as the case may be. Seller or CHILIGALA is not obliged to agree to any return unless all such instructions are followed to Seller’s and CHILIGALA’s satisfaction. Customer acknowledges that a return may be rejected if such instructions are not strictly adhered to. For a valid return, Seller or CHILIGALA may (as applicable and at their discretion), offer Customer remedies as set out in Clause 6.3. CHILIGALA reserves the right to reject any requests for refunds, returns or replacements at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.
6.2 Permitted Returns: Subject to Clause 6.1, within 7 days from the date of delivery of the Product, you may return a Product when you:
6.2.1 receive a product that is fundamentally different in nature from the Product specified in the Customer Contract; or 6.2.2 receive a faulty or damaged Product.
6.3 Refund, repair, replacement or price reduction: For Products that qualify for a valid return, Seller or CHILIGALA may offer the following remedies at its sole discretion:
6.3.1 Refunds: Seller or CHILIGALA may offer Customer a partial or full refund of the price paid for the non-conforming Product.
6.3.2 Repairs: Seller or CHILIGALA may offer Customer a repair of the non-conforming Product.
6.3.3 Replacements: Seller or CHILIGALA may offer the Customer a replacement Product in place of the non-conforming Product.
In the event that Customer elects to accept a repair or replacement and the Seller fails to do so within a reasonable time, CHILIGALA may grant to the Customer a reduction of the price in proportion to the reduced value of the Products, the quantum of which shall be determined at its sole discretion. Upon Customer accepting a remedy from the Seller or CHILIGALA as set out above, the Customer shall have no further claim against the Seller as regard to the non-conforming Product.
6.4 Return of Non-conforming Products: When Seller or CHILIGALA has provided replacement Products or given the Customer a full refund, the non-conforming Products or parts thereof shall become Seller’s property. Seller or CHILIGALA may, at its sole discretion, request such non-conforming Products to be shipped back to Seller or CHILIGALA at Customer’s cost.
7. Questions and complaints
7.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact CHILIGALA using the “Contact Us” page on the Platform, as applicable.
7.2 In the event that Customer is unable to resolve any dispute with the Seller directly through amicable negotiations, CHILIGALA reserves the right to suggest and implement an appropriate resolution at its sole discretion.
8. Termination
8.1 Cancellation by you: You may cancel the Customer Contract before Seller dispatches the Products under such Customer Contract by written notice to CHILIGALA through our Contact Us page at CHILIGALA Contact Page . If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the Products in accordance with Clause 6.
8.2 Cancellation by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale for CHILIGALA, Seller, or CHILIGALA acting on Seller’s behalf, may stop any Products in transit, suspend further deliveries to the Customer and/ or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:
8.2.1 the Products under the Customer Contract being unavailable for any reason;
8.2.2 the Customer being in breach of an obligation under the Customer Contract;
8.2.3 the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;
8.2.4 the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or
8.2.5 the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
8.3 Termination by Seller in the event of Pricing Error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mis-priced on the Platform, in which event CHILIGALA shall, on behalf of Seller, notify you of such cancellation in writing. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you.
9. Risk and Property of the Goods
9.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when CHILIGALA has tendered delivery of the Goods.
9.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until CHILIGALA has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by CHILIGALA to the Buyer for which payment is then due.
9.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as CHILIGALA's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
9.4 The Buyer agrees with CHILIGALA that the Buyer shall immediately notify CHILIGALA of any matter from time to time affecting CHILIGALA’s title to the Goods and the Buyer shall provide CHILIGALA with any information relating to the Goods as CHILIGALA may require from time to time.
9.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) CHILIGALA shall be entitled at any time to demand the Buyer to deliver up the Goods to CHILIGALA and in the event of non-compliance CHILIGALA reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
9.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of CHILIGALA but if the Buyer does so all moneys owing by the Buyer to CHILIGALA shall (without prejudice to any other right or remedy of CHILIGALA) forthwith become due and payable.
9.7 If the provisions in this Condition 9 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
9.8 The Buyer shall indemnify CHILIGALA against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of CHILIGALA's rights under this condition.
10. Limitation of liability
10.1 Sole remedies of customer: the remedies set out in clause 6 are the customer’s sole and exclusive remedies for non-conformity of or defects in the products.
10.2 Maximum liability: notwithstanding any other provision of these terms & conditions of sale for CHILIGALA, seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each customer contract, will not exceed the sums that you have paid to seller under such customer contract.
10.3 Exclusion of liability: CHILIGALA indemnities shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) amounts due from other users of the platform in connection with the purchase of any product; (ii) the sale of the products to you, or its use or resale by you; and (iii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with seller’s instructions on the use of the products (whether oral or written).
11. General
11.1 References to “CHILIGALA”: References to “CHILIGALA” in these Terms and Conditions of Sale for CHILIGALA apply both to CHILIGALA’s actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract.
11.2 The rights and protections conferred on CHILIGALA under these Terms and Conditions of Sale for CHILIGALA shall be additional to the rights and protections conferred on CHILIGALA under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by the Customer.
11.3 Any clause in the Terms and Conditions of Sale for CHILIGALA, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by the Customer that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.
11.4 CHILIGALA reserves the right to alter, modify, add to or otherwise vary these Terms and Conditions of Sale for CHILIGALA from time to time, and in such manner as CHILIGALA deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Services provided by CHILIGALA after such amendment, the Customer shall be deemed to have accepted the amendments.
11.5 Cumulative Rights and Remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale for CHILIGALA and Seller’s rights and remedies under these Terms & Conditions of Sale for CHILIGALA are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale for CHILIGALA, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale for CHILIGALA or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.
11.6 Correction of Errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.
CHILIGALA Content Terms of Service (“Terms”)
1. Introduction
These Terms apply to all Users, including Users who access, upload or view Livestream Content (as defined under Section 12 (Definitions)), content generated by either a Buyer or a Seller and is uploaded or viewed on the CHILIGALA Platform (“User Generated Content”), and content that is generated by any third party commissioned or hired by CHILIGALA to generate such Content (“Professionally Generated Content”).
1.1 By accessing the CHILIGALA Platform, you consent and agree to be bound by:
(a) these Terms;
(b) the CHILIGALA Terms of Use at https://www.chiligala.com/pages/terms-conditions; and
(c) CHILIGALA’s Privacy Policy,
and any amendments, revisions, updates or modifications to the foregoing made by us from time to time.
1.2 We may amend, revise, update or modify these Terms at any time (“Changes”). Changes will be effective when posted on the CHILIGALA Platform with no other notices provided and you are deemed to have agreed to the Changes upon their publication on the Platform. You must periodically review the most up-to-date Terms at https://www.chiligala.com/pages/terms-conditions.
1.3 You affirm that:
(a) you are either older than 18 years of age and are fully able and competent to enter into these Terms; or
(b) you are the parent or legal guardian of the person using the CHILIGALA Platform and agree to these Terms and will ensure that the person using CHILIGALA Platform abides by and comply with these Terms.
1.4 If you are under the age of 18, you must obtain permission from your parent(s) or legal guardian(s) to open an account on the CHILIGALA Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms on the minor's behalf and you will be responsible for the minor’s actions, and you will be responsible for any charges associated with the minor’s use of the CHILIGALA Platform or Services. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this CHILIGALA Platform or Services.
2. Using the CHILIGALA Platform
2.1 The CHILIGALA Platform allows Users to upload User Generated Content in the form of: (a) general comments on the CHILIGALA Platform; (b) product reviews; (c) product recommendations; (d) ‘Before & After’ effects of products; (e) short videos; (f) how to use products guides; (g) live-streams; and any other feature, tool or mechanism we release on the CHILIGALA Platform. User Generated Content will be published on the CHILIGALA Platform and will be available to Users.
2.2 You acknowledge and understand that we only provide a platform for Users to upload Content. You agree that you access the Content at your own risk and that any decision you make to view, or access the Content or any product or service you sell or purchase as a result of viewing, or accessing the Content is entirely between you and the Content provider. You are solely responsible and shall be liable for all Content you upload or otherwise make available on the CHILIGALA Platform.
2.3 The CHILIGALA Platform may contain links to third party websites that we do not own or control. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the contents of any third-party site. By using the CHILIGALA Platform, you expressly relieve us from any and all liability arising from your use of any third-party website.
2.4 We reserve the right to decide which Users will be permitted to access any of the features offered by the CHILIGALA Platform (including viewing the Content contained in the CHILIGALA Platform or uploading the Content into the CHILIGALA Platform). You are prohibited from using another person's account without authorization. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may be liable for the losses or damages we or other third parties suffer due to any unauthorized use of your account.
2.5 You will comply with all applicable laws, regulations, policies or guidelines and obtain all regulatory clearances necessary (eg. any applicable permits or approvals you may require to display advertisements of products) prior to uploading any Content to the CHILIGALA Platform.
3. Your Content
3.1 You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and, except for the Livestream Content, you license to us all patents, trademarks, trade secrets, copyright or other proprietary rights in and to such Content for publication on the CHILIGALA Platform pursuant to these Terms.
3.2 By uploading Content to the Platform, you confirm that you own the copyright material to the Content. If the Content contains third party copyrighted material which you do not own, please obtain the copyright owner’s permission prior to uploading, sharing or distributing the Content to the CHILIGALA Platform.
3.3 Except for the Livestream Content, you retain all of your ownership rights in your Content. However, by using the CHILIGALA Platform, you grant to us a worldwide, non-exclusive, royalty-free, sub-license-able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and/or perform the Content in connection with the Service and our (and our parent company’s successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
3.4 CHILIGALA will retain all ownership rights to all Livestream Content uploaded to the CHILIGALA Platform. This means we will own any Livestream Content you create and we will be able to use your Livestream Content (including deleting the Livestream Content, using, reproducing, distributing, preparing derivative works of, displaying, performing the Content, promoting and/ or monetizing the Livestream Content) in any way without consulting you.
3.5 You hereby assign, grant and deliver exclusively to CHILIGALA all rights, titles and interests of every kind and nature whatsoever in and to the Livestream Content, and all copies and versions, including all rights related to and necessary for licensing and merchandising, including rights of privacy and publicity. You further agree to execute and deliver to CHILIGALA, if necessary, all relevant instruments and documents as CHILIGALA from time to time reasonably may request for the purpose of establishing, evidencing, enforcing, or defending its complete, exclusive, perpetual, and worldwide ownership of all rights, titles, and interests of every kind and nature whatsoever, in and to the Livestream Content.
3.6 You also grant each User of the CHILIGALA Platform a non-exclusive license to access your Content through the CHILIGALA Platform, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the CHILIGALA Platform and under these Terms.
3.7 The above licenses granted by you are perpetual and irrevocable.
3.8 You further agree that the Content you upload on the CHILIGALA Platform will not contain third party copyrighted material, or material that is subject to other third party intellectual property or other proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to us all of the license rights granted in these Terms.
3.9 CHILIGALA does not in any manner whatsoever endorse any Content uploaded to the Platform or in using the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content.
4. Prohibited Content
4.1 You agree not to upload or otherwise make available any Prohibited Content.
4.2 Without prejudice to the generality of the foregoing, you are to comply with the following restrictions:
(a) No offensive content, such as defamatory content, content involving violence, cruelty, nudity, sex, sexual deviancy, pornography, sexual degradation, solicitation of prostitution, offensive language, crude references or hate speech; or content which is indecent, obscene, false or offensive in character, regardless of whether there is malice or intention to annoy, abuse, threaten or harass any person.
(b) No content which is unsuitable for users aged 18 and below.
(c) No content promoting terrorism or terror-related activities.
(d) No content involving references to physical, mental or sensory disability.
(e) No content which encourages the public to engage in or promote unlawful acts, violence, selling or consuming narcotics, psychotropics or other addictive substances.
(f) No inflammatory, subversive or seditious content, such as content which incites or promotes conflict against the country or any state, its constitution, government or laws; or incites or promotes conflict between groups, ethnicities, races, religions or genders, or degrade religious or cultural beliefs.
(g) No content involving gambling, such as games, lotteries, horse-racing, sports betting, astrology, geomancy, palm reading or any other type of fortune-telling device.
(h) No content involving minors without the written consent of such minor’s parent or legal guardian.
(i) No content relating to or promoting content prohibited or banned under any law.
(j) No content which infringes intellectual property rights or causes confusion on the relationship with other organizations or individuals.
(k) No content involving the impersonation of organizations or individuals without such organizations’ or individuals’ written consent.
(l) No content violating data protection laws and intellectual property laws.
(m) No content which is misleading, false or deceptive (for example, content which is misleading as to the price of the product sold and content which makes false claims that the goods are limited or will come with free gifts).
(n) No content which contains words like, or are similar to, “best”, “the best”, “number one”, “proven”, “top-grade” unless these are permitted under applicable laws, regulations, policies or guidelines.
(o) No content which directly compare the prices, quality and efficiency of your products against other products unless permitted under applicable laws, regulations, policies or guidelines (for Sellers).
4.3 If your Content involves the use of physical stunts (for example, where it carries a risk of injury or damage whether to property or person), you must ensure the words “Do Not Attempt” or words of similar meaning are prominently featured on the Content.
4.4 We do not permit copyright infringing activities and infringement of intellectual property rights on the CHILIGALA Platform, and we will remove all Content if properly notified that such Content infringes on another's intellectual property rights, in accordance with applicable laws on intellectual property rights.
4.5 We reserve the right to remove any Content without prior notice to you or providing any reason for such removal.
4.6 You agree that CHILIGALA shall not be liable in any manner whatsoever for any losses or damage suffered in any way as result of CHILIGALA’s exercise of its discretion to remove Content.
5. Specific User Conditions For Live Streamed Content
5.1 Only Presenters (including Users or Sellers who want to present in person while live streaming) may appear or otherwise feature in your Live Streamed Content. An application must be made by the Presenter through the Seller Centre or through the CHILIGALA mobile application, or as specified by us, and acceptance is at our sole and absolute discretion.
5.2 Presenters must meet the conditions we provide when applying for the position of Presenter. We may revise these conditions from time to time. Presenter applications shall be governed by the conditions in force at the time of application, regardless of whether such Presenter applications are new or re-applications.
5.3 Presenters must comply with these terms and conditions or other policies we may release. Presenters must not incite, promote or condone breaches of such terms.
5.4 If we have determined that a Presenter has failed to comply with these terms and conditions or any of our policies, or for any other reasons deemed necessary by CHILIGALA, the Presenter must immediately comply with our instructions, including immediately terminating or removing the Live Streamed Content, taking down all saved Live Streamed Content and publicly inform other users on the CHILIGALA Platform of the Presenter’s failure to comply. CHILIGALA also reserves the right to immediately terminate any Live Streamed Content at any time in its ultimate discretion, without giving any reasons.
5.5 Where a Presenter is authorized by a Seller to feature in Live Streamed Content, the Seller will be liable for the acts, defaults and neglects of the Presenters, employees or agents of the Presenters as if they were the acts, defaults or neglects of the Seller, and will remain at all times principally responsible to us for its obligations under these terms and conditions.
5.6 CHILIGALA reserves the absolute discretion to revoke or terminate the status of a Presenter and the right to appoint or determine a Presenter.
5.7 Presenters must also ensure Users who participate in Live Streamed Content interactions comply with the policies we may release. Presenters must not incite, promote or condone breaches of such policies by such Users.
5.8 Presenters shall be neatly dressed during the live-stream, and avoid wearing inappropriate clothing (such as clothes which are vulgar or obscene, degrade religious or cultural traditions, or feature offensive language). The overall dress should be clean, tidy and professional, with specific requirements as follows:
(a) Presenters shall not wear clothes which reveal sensitive areas of the body, including only wearing undergarments;
(b) Presenters shall not wear the uniform or dress of government bodies, armed forces or any organization.
5.9 Only feature audio-visual content including songs and videos permitted under applicable laws, regulations, policies or guidelines, including the following:
(a) laws on personal data protection;
(b) laws on intellectual property protection;
(c) the licensing regime under the Broadcasting Act and its subsidiary legislation;
(d) laws on film censorship;
(e) content laws; and
(f) consumer protection laws.
It is the User’s responsibility to ensure that their content complies applicable laws, regulations, policies or guidelines and any amendments which the respective regulators have introduced in the applicable laws, regulations, policies or guidelines. Note that audio-visual content with sexual themes are strictly prohibited at all times.
5.10 Do not display items with inflammatory or offensive elements, including but not limited to items which are sexually suggestive, undermine religious or racial harmony, which make reference to disabilities or which degrade national themes.
5.11 Do not promote or endorse unlawful acts such as drugs, gambling or gun possession.
5.12 Do not perform high-risk stunts or activities.
5.13 Do not display or focus on nudity or sensitive parts of the body such as the chest, buttocks and groin.
5.14 Do not promote or endorse organizations promoting unlawful pyramid schemes.
5.15 Do not self-abuse or attacks others (including but not limited to alcoholism, self-harm, suicide, mutual abuse, animal abuse, ingesting items which cause harm (such as living things, dead objects or inanimate objects).
5.16 Do not live stream in sensitive locations like hospitals, cemeteries, childcare centres, schools or government buildings.
6. Software License and Proprietary Rights of CHILIGALA
6.1 All intellectual property rights, whether registered or unregistered, in the CHILIGALA Platform, which includes any Professionally Generated Content or information content on the CHILIGALA Platform and all the website design, trademarks, logos, text, graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the CHILIGALA Platform are protected under applicable intellectual property laws.
6.2 The CHILIGALA Platform, Intellectual Property and Contents, or any part thereof, shall not be copied, reproduced, distributed, licensed, transferred, published, in any form, or otherwise dealt with in any manner, except as expressly permitted by the Terms. You shall not disassemble, de-compile or reverse engineer the CHILIGALA Platform.
7. Restrictions In using the CHILIGALA Platform
7.1 CHILIGALA hereby grants you a non-exclusive, non-transferable, and revocable right to use the CHILIGALA Platform as set forth in these Terms provided that you refrain from doing any of the following if you use the CHILIGALA Platform:
(a) download or record the Content unless you see a “download” button or hyperlink to download the Content displayed by CHILIGALA on the CHILIGALA Platform; make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, de-compile or create any derivative works of the CHILIGALA Platform or any Content, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works;
(b) distribute, license, transfer, or sell, in whole or in part, any of the CHILIGALA Platform or any derivative works;
(c) use the CHILIGALA Platform, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
(d) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the CHILIGALA Platform;
(e) intimidate, abuse, annoy or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) use or attempt to use another’s account, service or system without authorization, or create a false identity on the CHILIGALA Platform;
(g) use the CHILIGALA Platform in a manner that may undermine the purposes of the CHILIGALA Platform, such as trading reviews with other users or writing or soliciting fake reviews;
(h) use or launch any automated system, including without limitation, “robots,” or “spiders,” to upload, transmit, distribute, store or otherwise make available in any way files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or to obtain access to any portion of the CHILIGALA Platform that we do not expressly authorize you to access. You also cannot use any automated system or software which may overwhelm the servers of the CHILIGALA Platform or CHILIGALA Content Service in any way, including, but not limited to causing a Distributed Denial-of-Service Attack on the CHILIGALA Platform or CHILIGALA Content Service.
(i) bypass the internal workings (including security features) of the CHILIGALA Platform (including changing the coding or interface of the CHILIGALA Platform or CHILIGALA Content Service);
(j) “doxing” other users on the CHILIGALA Platform, including revealing the personal information of other users (including names, email addresses, addresses and phone numbers);
(k) promote products sold on websites other than on CHILIGALA;
(l) permit or engage in any fraudulent behavior against Users, CHILIGALA or third parties, including using bots or technology to increase views, followers or sales or manipulate or falsify data;
(m) promote or facilitate the sale of counterfeit goods or goods infringing the intellectual property rights of third parties; and
(n) upload, share or distribute Content which may affect other Users’ use of the CHILIGALA Platform, CHILIGALA Content Service, or the goodwill or reputation of CHILIGALA.
8. What We Can Do If You Infringe These Terms
8.1 You agree that the measures set out in this clause shall apply where the relevant provision of the Content on the CHILIGALA Platform or use of the service violates applicable laws or these Term, and you agree this is without prejudice to CHILIGALA’s other rights and remedies under these Terms or in law. The measures include:
(a) the immediate removal of the Content;
(b) the deletion of any or all saved Content;
(c) the suspension or termination of your account;
(d) banning you from the CHILIGALA Platform or use of the Service for a specified time period or permanently; or
(e) taking any other actions against you or any accounts that you may have registered with CHILIGALA.
8.2 We may remove any Content you upload to the CHILIGALA Platform or disable other people from accessing any Content you upload to the CHILIGALA Platform for any reason whatsoever including:
(a) where we deem the Content to be Prohibited Content, at our absolute discretion;
(b) where we have received any request from any authority to remove the Content;
(c) where we have received any complaint from other users on the Content.
8.3 While you own your Content, you agree that we will have a right to modify your Content (including splicing,cropping or otherwise editing your Content) and distribute your Content (whether modified or otherwise) without your permission. You also grant CHILIGALA a worldwide, non-exclusive, royalty-free, sub-licensable and transferable perpetual license to use, keep, recreate, duplicate, share, display or prepare derivative works of your Content (modified or otherwise) for any purpose.
8.4 When you upload Content into the CHILIGALA Platform, you permit us to disclose your identity (including all details you have shared with us when you open your account on the CHILIGALA Platform) to other third parties.
9. Your Personal Data
Your personal data will be processed according to the Privacy Policy.
10. Indemnity
You are responsible for any loss or damage we may suffer as a result of your breach of these terms and conditions. You also agree to defend, indemnify and hold us and our related companies, officers, directors, employees and agents, from and against any and all claims, losses, liabilities, arising from your use of and access to the CHILIGALA Content Service or CHILIGALA Platform or from your breach of these terms and conditions. We may also assume control of any matter subject to indemnification by you and you must work with us in making available any defenses and indemnify us for any legal fees we may incur.
11. Limitation of Liability
11.1 The CHILIGALA Platform and all data and/ or information contained therein and/ or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by CHILIGALA of any kind either expressed, implied or statutory with respect to the Platform and/ or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/ or information contained in the Platform and/ or the Services are provided for informational purposes only.
11.2 Without limiting the foregoing, we do not warrant that the CHILIGALA Platform and/ or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/ or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
11.3 CHILIGALA and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the CHILIGALA Platform or the Services;
(b) reliance on any data or information made available through the CHILIGALA Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
11.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the CHILIGALA Platform and/ or Services is entirely at your own risk and we shall not be liable therefore.
12. Interpretation
12.1 In these Terms:
“Content” includes any sound, sound sequences, music, text, still pictures, photos, moving pictures, videos, software programs, codes or other audio-visual representation or audio-visual combination, or the tactile representation or any combination of the preceding which you may view from the CHILIGALA Platform, or upload to the CHILIGALA Platform and which is capable of being created, manipulated, stored, retrieved or communicated electronically. Content includes, but is not limited to, Livestream Content, Professionally Generated Content, User Generated Content, and comments, reviews and other user interactions posted to Livestream Content, Professionally Generated Content, and User Generated Content.
“CHILIGALA Content Service” means viewing, accessing, or uploading any Content to the CHILIGALA Platform.
“CHILIGALA Platform” means www.chiligala.com, the CHILIGALA iOS or Android mobile application, or any other internet domain property of CHILIGALA;
“Livestream Content” means the streaming of live Content through the Internet to the CHILIGALA Platform using CHILIGALA’s live-streaming tools, which may be accessed by any CHILIGALA User. CHILIGALA’s live-streaming tools comprise of a system which allows real-time streaming of video and audio content from CHILIGALA approved accounts to the live-streaming section of the CHILIGALA Platform, which content may be viewed by all registered CHILIGALA users.
“Professionally Generated Content” means Content that is generated by any third party commissioned or hired by CHILIGALA to generate such Content.
“Presenter” means any person who appears or features in Live Stream Content. Presenters include persons who host Live Stream Content or otherwise present a segment of a Live Stream Content.
“Prohibited Content” means any content:
(a) in breach of any law or regulation, or any guidelines or other instrument issued by any government or regulatory authority;
(b) prohibited content as set out in Clause 5;
(c) in breach of CHILIGALA’s Community Policies; or
(d) deemed by CHILIGALA in its absolute discretion, to be unsuitable to be on the CHILIGALA Platform.
“Seller” means a seller which uses the CHILIGALA Platform to sell Goods to the Buyers, and includes a Third Party Vendor. CHILIGALA may also be a “Seller” for selected Goods.
“Services” means the use of any services, information or functions made available by CHILIGALA on the CHILIGALA Platform.Any reference made to the CHILIGALA Platform in these Terms, shall include the Services or any part of it, unless otherwise expressly stated.
“Terms” means these terms and conditions. The Terms shall be read together with CHILIGALA’s Terms of Use at https://www.chiligala.com/pages/terms-conditions/, which serve as an agreement between you and us for the use of the CHILIGALA Platform and the Services. Where there is a conflict between these Terms and CHILIGALA’s Terms of Use, these Terms shall prevail.
“Third Party Vendor” means a seller which, with CHILIGALA’s permission, uses the Platform and/ or Services to sell Goods to the Buyers, and excludes CHILIGALA.
“User Generated Content” means Content generated by either a Buyer or a Seller and is uploaded or viewed on the CHILIGALA Platform.
“User” means any registered user of the CHILIGALA Platform.
Last update: 06 August 2020