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TERMS OF USE FOR WWW.FUJITSU-MALL.COM


OWNERSHIP OF WEBSITE AND AGREEMENTS ON TERMS OF USE


The contents of this Terms of Use (hereafter called “Terms of Use”) are applicable to the website of Fujitsu PC Asia Pacific Limited (hereafter called “FPCA”) located at www.fujitsu-mall.com, as well as the website (hereafter called “this website”) linked to www.fujitsu-mall.com from FPCA and all its subsidiaries. This website is the asset of Fujitsu PC Asia Pacific Limited and its authorized users.


Your use of this website implies that you have agreed the contents of this Terms of Use and all registration agreements. Upon completing the registration procedure, you will formally become a member of this website. User agrees that this Terms of Use is a contract for handling the rights and obligations between both parties, it is always valid and both parties will follow accordingly if there are other mandatory requirements by law or special agreements made between both parties. If you do not agree to this Terms of Use, please do not use this website.


FPCA reserves the right to amend, change, add or delete the contents of this Terms of Use. It is your responsibility to review it periodically to see if there is any change.
Having posted the changes on Terms of Use in this website, we will treat that your subsequent use of this website means that you have agreed to our changes. FPCA will offer you a personalized, non-exclusive, non-transferable and limited right to access and use this website.

 


CONTENTS


They belong to the ownership, control or access right of FPCA for all text, charts, user interface, visual interface, pictures, brands, labels, voices, music, artwork and computer codes (collectively called “contents of this website”), including but not limited to the content design, structure, choices, negotiation, expression and arrangement etc. which appear in all websites owned , controlled, or authorized to use by FPCA; all of the above are under the protection by prevailing laws with respect to commercial image, copy right, patent right , trademark, intellectual property right and fair trade act etc.


Unless explicitly stated in this Terms of Use or prior written consent is obtained from FPCA, it is not allowed to copy, reproduce, reprint, upload, post, display publicly, code, translate, transmit or distribute (including mirror) this website and any part of its contents to other computer, server, website, media or any commercial organization for publication or distribution.


To make use of information associated products or services provided by FPCA (such as datasheet, knowledge database documents and similar information), you have to satisfy the following conditions before you can download various data from this website:
1. Not to delete the sentence regarding announcement of ownership that appears in the document
2. The document is just for non-commercial information purpose and your personal use only, you will not copy or post such information to any connected computer or broadcast it in any media
3. Not to make any changes to the document
4. Not to make any extra statement or guarantee on the document

 

USE OF THIS WEBSITE


You should not investigate, scan or test the weak points, and damage the security or authentication measures of this website and any network that connects to it.


You should not repeatedly check, trace or search anything about other users or visitors to this website, customers other than FPCA’s, including sources of all FPCA accounts that do not belong to you.


You should not search this website or other services or data provided for the purposes of displaying all data not belonging to you, including but not limited to the personal data of other persons.


You should not enter, access, copy or monitor this web or any parts of its contents by means of any automatic devices, programs, calculation, methods or any similar or equivalent manual processes; or in any circumstances access or attempt to access any data, documents or information by any ways not allowed by this website through the reproduction or avoidance of browsing structure or introduction of this website and its contents. FPCA reserves its right to prohibit such type of activities.


You are not allowed to do non-authorized access to any part or page of this website, system or network connected with FPCA’s servers, or services provided via the website with password-trying method or any other illegal ways.


You agree not to have any behavior that will impose unreasonable or disproportionate amount of data on this website, FPCA’s system or network, or any network or system which is linked to FPCA.


You agree not to use this website for the distribution or transmission of information which is sensible or violates the policy and regulation of law. This type of information includes but not limited to that:
1. Is against the basic principles confirmed by constitution
2. Incites ethnic hatred, ethnic discrimination or hurts the cooperation of ethnic groups
3. Proclaims evil cult and feudal superstition
4. Spreads rumors, disturbs social order or undermine social stability
5. Spreads any material which is obscene, pornographic, gambling, violent, homicide, terrifying or crime-abetting
6. Insults or defames others, infringes the legal rights of other persons
7. Contains other content prohibited by law or administrative regulation

You agree not to interrupt or intend to interrupt this website, the normal operation of transaction carried out in this website, or the use of this website by other persons via the application of any equipment, software or procedure.


You should not counterfeit your identity or manipulate the identification function, fake the information sent, contents distributed or provided services via this website. You cannot forge others, have no right to act on behalf of others or imitate other individual or organization.


You should not use this website or its contents for the purpose of doing activity which is prohibited or treated as illegal by this Terms of Use. You also cannot ask for any activity that is illegal or harmful to the rights of FPCA or other persons.


PURCHASE AND OTHER AGREEMENTS


Extra agreements are applicable to the purchase of goods and services in this website and the dedicated part of this website or special areas including bids, promotion or other similar goods. The contents of relevant terms constitute part of this Terms of Use. You agree to follow those agreements including whether you are at a legal age to use or participate in those services or special goods.


In case there is any conflict between the contents of this Terms of Use and the contents published in the dedicated part of this website, special goods or those services provided through or via this website, the later should supersede the former when you use the dedicated part of this website or the area of special goods.


If FPCA has any obligation with respect to its products and services, the scope of contents relating to the relevant contract offered to you shall be followed. The contents of this website do not constitute a part of the contract, or result in any amendment of the offered contract.


FPCA can at any time amend the contents of all the products, services and prices provided in this website without giving prior notice. The information about the products and services in this website may become outdated. FPCA does not commit to have the liability to update its products and services at any time. FPCA can at any time amend various contents which shall become effective upon updating.


Upon discovering the situation of obvious mistakes or out of stock for those products and orders as shown in the website, FPCA has the right to withdraw its promises unilaterally. In the meantime, this website reserves its right to limit the order quantity of products. Upon confirmation of your order, FPCA has the right to cancel your order in case there is any untoward situation such as uplift of cost, price changes due to changes in tax amount or mistakes in the website. We will notify our customers of such cancellation by email or telephone.


In placing your order, please confirm carefully the data about the name of the ordered product, price, quantity, model number, specification, dimension, contact address, phone number and consignee. If the consignee is not the same as the customer, the behavior and meaning of the consignee shall be treated as the same behavior and meaning of the customer. The customer should bear the associated legal liability with respect to the behavior and meaning of the consignee.


Unless there is other mandatory legal regulation, both parties agree the following:


The product and price information shown in this website is just to show and invite you to buy, you need to fill in the details on the order quantity you want, price, payment method, consignee, method of contact and delivery address (location for implementing the contract);


The order information generated by the system is the result of information which is produced automatically by the computer information system base on the data you have filled in and it represents only your contractual offer;


Upon receiving your order information FPCA will treat it as a contractual relationship between you and FPCA only if this website can take out from the stock the goods you ordered and actually deliver to you direct (based on product delivery note);


In case you have ordered more than one product in the order list and FPCA can only deliver some of the products to you, the contractual relationship between you and FPCA lies only on those products that can actually deliver to you direct;


Only if FPCA can actually deliver to you the other products you ordered, the contractual relationship between you and FPCA with respect to the other products that can actually deliver direct to you then exists.


You may login your registered account in this website anytime to check and enquire on your order status.


FPCA will deliver the products (goods) to the designated delivery address. All the delivery time listed in this website is the reference time only. The reference time is estimated based on the stock level, normal processing and delivery time and location. The Sales party takes no responsibility on late delivery if the following situation causing late delivery or fail to deliver occurs:


1. Caused by wrong information , inexact location information etc. you provided;
2. Nobody is available to sign upon goods delivery, resulting in fail to deliver or late delivery;
3. Caused by situation change factors;
4. Caused by factors of force majeure such as natural disaster, traffic regulation and sudden war etc.

 

ACCOUNT, PASSWORD AND SECURITY


It is required to build your account (including account setup and password) for some of the particular products and services provided by this website or via this website. You shall take full responsibility on safe guarding the security of your account information including your password and any activity relating to your account. You agree to notify FPCA immediately in case there is any unauthorized use of your account or password, or any issue of security damage. However, you may be liable to the damages of FPCA or other users or visitors imposed by the use of your account password by other parties.


You should not use the identity, account or password of other account holder at any time without getting other account holder’s prior explicit consent. FPCA will take no responsibility on any compensation for such losses imposed by your beach of the obligation.

 


PRIVACY


FPCA’s privacy policy applies to this website, the specified contents form part of this term of use. Please click here to read FPCA’s privacy policy. Furthermore, through the use of this website, you recognize and agree that the transmission of network wide web is not 100% secure or safe. You understand that the message or information you send to this website may be possibly read or intercepted by other people even though specific transmission method utilizing coding data has been notified.

 


LINKS TO OTHER WEBSITES AND FPCA WEBSITE


This website is linkable to other independent third party websites (linked websites). These linked websites are for the convenient use of customers only. Those sites are not controlled by FPCA and FPCA is not related to and be responsible for the contents of these linked websites, including their data and contents. You should exercise your independent judgment when you undergo interactive activities with these linked websites.

 


DECLARATION


FPCA does not guarantee that there is no any mistake or interruption with respect to this website or its contents, services and specific products. Nor does FPCA guarantee that all defects will be fixed or your use of this website shall result in the specified outcome. All information provided in this website shall be changed without prior notice. FPCA does not guarantee that the documents or other data you downloaded from this website shall be free from virus, infection or destruction. FPCA hereby declares that there is no implicit and explicit guarantee on the accuracy, nature of destruction of all contents of this website, salability and applicability of the purposes of specific products. FPCA declares that FPCA shall not be responsible for any behavior or misbehavior of third party who is relevant to your use of this website or FPCA’s services. You should bear all the responsibilities regarding your use of this website and linked websites. If you are not satisfied with the use of this website or its contents, the only resolution is to stop using this website or its contents. Both parties have to negotiate on the limitation of this resolution.


The above declaration is applicable to the losses, responsibility or damages caused by any failure of execution of debt, mistake, missing, interruption, deletion, defect, operation or transmission delay, computer virus, failure of transmission line, theft or damage or unauthorized access, alteration and use. No matter whether such losses, responsibility or damages are due to breach of contract, tort, mistake or other behavior.


FPCA reserves it right to perform the following items at any time without giving any prior notice:


1. Modify, suspend or stop the opening or operation of this website or any part of it based on any reason;
2. Change or modify the applicable policy or contents of this website or it parts;
3. And Stop, if necessary, the operation or its part of this website for the purposes of periodic or non-periodic maintenance, bugs fixing or other changes.

 


COMPENSATION


You agree and guarantee that FPCA and its management, director, shareholder, predecessor and benefit-binding undertaker, staff, agent and subsidiary shall not suffer any damage resulting from the raise of third party’s request, loss, liability, claim or charge (including legal charge) due to your use of this web site, and you agree to compensate FPCA for such damage.

 


REFUSE TO GUARANTEE


You agree that the use of information services is at your own risk. Unless stated explicitly in writing, FPCA will not make any declaration or guarantee in any way, either explicitly or implicitly regarding the operation of this website, the information in this website, the contents, the material, the product (including software) or services. FPCA shall not guarantee that its services shall meet the requirement of our members, nor shall we assure that the services will not be interrupted. There is also no guarantee on the timely delivery of services, security or the occurrence of errors. Member understands and agrees that the reliability of data obtained via this website shall be subject to the own user who should bear his/her full responsibility and all the associated risks.

 


LIMITED LIABILITY


Although FPCA delivers legal and healthy product and services, the user should take his/her own responsibility and risk on the use of this website. FPCA does not bear any liability on compensating any special, accidental, direct or indirect loss imposed by the use or failure of use of the services provided by this website. FPCA does not bear any compensation on any direct, indirect, unexpected and consequent damage resulting from the misuse of this website’s services or the transmission of data that is not compliant to the regulations. As such behavior may possibly damage the image of FPCA, FPCA need to indicate in advance the possibility of such damage.


The total liability of this website shall be limited to a sum not greater than the price of the product that you have purchased, no matter whether there is any other responsibility stated under the terms and conditions of contract, guarantee or tort (including wrong act) stated under the terms and conditions of contract, guarantee or tort (including wrong act).

 


VIOLATION OF TERMS OF USE


If considered necessary, FPCA needs to disclose your personal data (including your identity) in case there is any investigation or claim about your use of computer; execution of process on third party confirmation, association or filing of legal proceeding regarding the possible constitution of damage or interference (intentional or unintentional) to the rights or asset of FPCA or the user of this website (including the customers of FPCA). FPCA reserves the right to disclose any information subject to the necessity of obeying the law, order, legal proceeding or requirements of the government. FPCA can also exchange your personal data with other company or organization when law allows or as requested (including for the purpose of avoiding fraud).


You recognize and agree that FPCA can keep and disclose under law the data that we have collected when you transmit or communicate with FPCA, via this website or the use of services provided in or through this website. On a reasonable necessity basis FPCA can also disclose or keep such data for the purposes of:


1. Obeying the legal procedure
2. Executing this Terms of Use
3. Defending against a legal claim when such data constitutes infringement to others
4. Protecting the rights, asset or personal safety of FPCA, its staff, the user or visitor of this website and the public.

You agree that FPCA can stop you from entering this website and/or bar you from accessing this website in the future in case we consider that you have violated this Terms of Use or other regulations or contract regarding the use of this website. You agree that your beach of this Terms of Use shall constitute an illegal and unfair commercial act and this act will impose FPCA damages which will not be recovered by compensation with money, and you agree that if necessary or when appropriate, FPCA can get an injunction or balanced relief. This way of relief shall be the extra relief that FPCA should get based on law or the principle of equity.

You agree that FPCA can, based on its judge, terminate your access to this website without prior notice for reasons including but not limited to the following:

1. Due to the execution by the enforcement of law or the requirement of government authorities
2. Due to your request for deleting the account you have setup before
3. Due to the close of this website or its out of services
4. Due to unexpected technical problems


FPCA reserves the right to make our request for the payment of all reasonable legal charges and litigation expenses in case we decide to take action against your beach of this Terms of Use. You agree to make payment for such charges and expenses so incurred.


FPCA can also make request for compensation for other charges. You agree that FPCA shall not have any liability for you or any other third party with respect to the termination of your access to this website.

 

 

LAW


You agree to follow the law of the region where FPCA is located and the right of jurisdiction applies. In case there is any conflict between this Terms of Use and the law of Hong Kong Special Administration Region, the concerned terms shall be interpreted fully according to the law of HKSAR while the other terms shall remain intact and still form its binding effectiveness for the customers.

 

 

OTHER REGULATIONS


In the process of purchase, a check code will be sent to your mobile phone number that you have inputted during the registration process of purchase, as well as to the order center and the information center of the website. Please keep with care this check code. In case of disclosure or leakage of this check code information to others, it is at the own risk of the one who places the order. You should not violate any appropriate ordinance with respect to the use, transmission or re-transmission of any content of this website, the copying or the authorized utilization of the contents of this website, or any product or services provided in this website.

In case there is any item which is considered invalid or not executable by court or other judicial authority in applying this Terms of Use, the concerned item shall be limited or deleted on a necessary and minimal scope basis, and it shall be replaced by another one mentioned in the ordinance which mostly suits and meets the original idea and intention of the concerned item so as to enable that the overall validity and execution of this Terms of Use still remain.


In between you and FPCA, the contents of this Terms of Use form all the contracts with respect to the contract for your use of this website. These contents supersede and void any other previous understanding or written or verbal agreement made between you and this website on the use of this website.


FPCA does not accept any request for re-contracting on the use of this website and hereby rejects such sort of request as a whole. Any act that FPCA does not insist on or implement about the use of this Terms of Use shall not constitute our giving up of our right on the terms and the execution of them. Any behavior between FPCA and you or any other persons shall not form a basis for changing or amending any terms in this Terms of Use. This Terms of Use should not be interpreted or treated as a base of raising their request for advocacy right or relief by others.


FPCA provides links of access to other international-wide information resources for the purpose of recommending or cross-recommending FPCA products, software and services which are not published in your country. Such recommendation does not imply that FPCA of your country has the intention of publishing those products, software or services.

 


RESPONSE AND DATA
Any response you made in this website shall be treated as non-confidential and FPCA has the right to use freely without limit on the use of this response information.


ANY DATA CONTAINED IN THIS WEBSITE SHALL BE SUBJECT TO CHANGE AT ANY TIME WITHOUT GIVING PRIOR NOTICE.


Copy right @2016 Fujitsu PC Asia Pacific Limited. All rights reserved.