PChome US Inc. Membership Agreement
Welcome to PChomeUSA! We are glad you have decided to join our online marketplace servicing individual buyers and sellers of goods and services seeking to engage directly in the purchase and sale thereof (our “Marketplace”), and we look forward to your participation. Before you begin, however, we ask that you review this Membership Agreement because you must agree to its terms in order to become a member of the marketplace (“Member”) and use its tools and services (collectively, the “Marketplace Services”). It is important that you understand your rights and obligations as a Member and the guidelines and rules that govern your participation as both a buyer and a seller in our Marketplace.
Our Marketplace consists of www.pchomeusa.com and any other website that we expressly identify as a part of our Marketplace, as well as the mobile versions of these websites and any apps that we offer to access the Marketplace (collectively, the “Site”).
We require that a visitor be at least 18 years old in order to become a Member. Accordingly, by accepting the terms of this Membership Agreement and signing up as a Member you are representing to us that you meet this age requirement.
As used in this Membership Agreement, “MGC” or “Member-Generated Content” means all Member content submitted to us through the Site or through other channels, as well as any attachments to those submissions or otherwise provided to us (such as documents, photographs and videos).
YOU ACKNOWLEDGE AND AGREE THAT BY ACCEPTING THIS MEMBERSHIP AGREEMENT AND COMPLETING THE REGISTRATION PROCESS, YOU ARE BECOMING A MEMBER OF THE MARKETPLACE AND ARE AGREEING TO THE FOLLOWING:
We reserve the right, in our sole discretion at any time to (a) make changes to this Membership Agreement and our other policies concerning participation in the Marketplace and use of the Marketplace Services, and (b) waive or modify any of the terms of this Membership Agreement as they apply to specific MGC or as they apply to a specific Member, without affecting the application of these terms to any other MGC or Members. Changes will be effective when made and the updated Membership Agreement is posted on the Site. You should visit this page periodically to review the current terms and conditions of the Membership Agreement. As described below, any Member who violates this Membership Agreement may be banned permanently from the Marketplace or the Site and from using the Marketplace Services. Site Operator reserves and retains all rights and remedies provided by law or equity to redress any violation of this Membership Agreement. Any content submitted by you to us that does not require you to first become a Member is not governed by this Membership Agreement.
Site Operator merely provides an online trading platform service in the form of the Marketplace and the Marketplace Services, which is available for Members to voluntarily list product and services information and engage in purchase and sale transactions. The buyer and the seller are solely liable for the performance of any transaction, and for resolving at their own initiative any dispute that may arise in connection with a transaction. Site Operator will not actively intervene in disputes arising between Members in connection with such transactions. When transacting in the Marketplace or through Marketplace Services, the buyer and seller are solely liable for the negotiation and performance of such transactions. Site Operator makes no commitment or warranty, whether express or implied, regarding the willingness or ability of the buyer or the seller to perform any transaction, or of the quality, safety, and legality of any Merchandise (as defined below). If any dispute arises between the parties to a transaction regarding the negotiation or performance of the transaction, the parties should mutually coordinate and resolve the dispute at their own initiative. Whenever Site Operator deems necessary, it may require Members to promptly provide explanations and materials related to any questions or disputes related to any transactions between Members or matters related to such transactions.
- Availability of Marketplace
While we make reasonable efforts to ensure that your access to the Marketplace is available at all times, we do not guarantee that access to the Marketplace will be uninterrupted or error-free, and we do not guarantee that Members will be able to access or use all the Marketplace Services or all of their features at all times. We may change, suspend or discontinue the Marketplace or any (or all) Marketplace Services, or any of their respective features, at any time. We may also impose limits on the use of or access to certain features or portions of the Marketplace or the Marketplace Services, or restrict your access to any part or all of the Marketplace or the Marketplace Services, in all cases without notice to you or liability to us.
- MGC License and Management
You agree that, by submitting MGC to the Marketplace, you are granting to us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute, display and provide to third parties that MGC throughout the world for any purpose and in any media. You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your MGC, as well as the right to attribute your MGC to you and you waive any “moral rights” in your MGC.
You agree that you will not use or reproduce any MGC of any other Member in any manner or in any media, including posting or republishing any MGC of another Member on any other website. However, you may display a link to, or the address of, the Marketplace webpage on which any of your MGC appears.
You may not submit MGC that infringes in any manner on the copyright, trademark or intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity. You may not use the Marketplace or the Marketplace Services to distribute unauthorized copyrighted material, including photos, videos, artworks, texts, recordings, designs or computer programs. In addition, you may not submit MGC that contains personally identifiable information about other people, such as their phone number, street address or email address, or information about other people that could result in an invasion of their privacy or their harassment.
- Promotions and Solicitations
You agree that, except with our prior consent, you will not upload, post, email, transmit or otherwise use the Marketplace or any Marketplace Service to make or distribute any unsolicited or unauthorized advertising, contests, sweepstakes, survey requests or promotional materials or implore Members to take actions that are intended to further a personal purpose. You agree you will not use information supplied within the Marketplace to do any of the foregoing, by email or any other method. You agree to not gather public email addresses from Member profiles for any purpose.
- Reviews & Ratings
There are areas of the Marketplace that provide you with an opportunity to describe what your experience was like with a particular seller or good purchased through the Marketplace (“Merchandise”), or with a particular buyer who purchased Merchandise from you, and to comment on that experience. In order to facilitate the free flow of useful information about sellers, Merchandise, and buyers for the benefit of other Members, we suggest the following guidelines for posting such reviews:
- Your review should contain facts and details pertaining to the seller and/or the Merchandise. We do not publish reviews that do not provide specific information about the reviewer's personal experience.
- Reviews should be limited to describing recent experiences with sellers and Merchandise.
- Please only write a Merchandise review if you have recently purchased the Merchandise that is the subject of the review.
- We ask that our Members not post reviews and comments that are defamatory or otherwise inaccurate, and that they refrain from offensive personal descriptions or incivility.
- While we do permit you to include your description of and frank opinion about your experience, we do not permit “name-calling” or the use of profanity.
- We do not permit the posting of ads or solicitations, HTML or links, or personal contact information (e.g., phone numbers, email addresses) for you or others; or using ALL CAPS. You may include the first name of any individual with whom you dealt but not his or her last name, telephone number, email address or other contact information.
- Please note that after a review is submitted, it may not be revised or deleted by you — and we will not do so if requested. However, a reviewer has the ability to supplement a review by posting an update to it within six (6) months from the date of the involved transaction.
- The receivers of reviews have the ability to comment on their reviews or the reviews of their Merchandise. Please note that after a comment is submitted, it may not be revised or deleted by the user posting the review — and we are not obligated to do so if requested. However, a commenter has the ability to supplement a comment by posting an update to it within six (6) months from the date of the involved transaction.
- A review or comment can be positive or negative, ask questions and/or provide supporting information.
- Dynamic rating: for transactions made using PayPal/PChomePay only, the buyer can give a dynamic rating to the seller for (i) consistency between the Merchandise received and its description on the Site, (ii) the seller’s quality of service and attitude, and (iii) the seller’s speed of delivery. The maximum rating is 5 points, in whole units of 1 point. Each dynamic rating received will be tallied, and the total amount of points will be divided by the number of raters, to calculate the average dynamic rating of a particular seller. This average rating will be displayed once a Member has received 10 or more dynamic ratings.
- After a rating is submitted, the rater can update it once within six (6) months from the date of the involved transaction. However, a rating may only be changed from “poor” or “average” to “good”; a rating of “good” or “average” may not be changed to a rating of “poor”.
- Please note that the guidelines set forth in this Membership Agreement for the posting of reviews also apply to the posting of comments and ratings, as applicable.
We have a policy of not posting a review that we know, or have reason to believe, is not a genuine reflection of a Member's experience in the Marketplace. We do not, however, remove a review in response to an allegation that it is not genuine unless we are presented with persuasive evidence. We do not make any promises as to what actions we will or will not take with respect to any review or comment, and no such promises should be inferred from either this Membership Agreement or any communication by us.
It is a violation of this Membership Agreement for you to (a) create, submit or post any review on behalf of another person, (b) create, submit or post any review that is not a bona fide reflection of your actual experience, or (c) advise or induce anyone else to create or post, or to participate or assist anyone in the creation or posting of, any review that is not a bona fide reflection of the actual experience of the person submitting that review. Anyone who violates the foregoing will be subject to legal recourse by Site Operator, including claims for damages and/or for indemnification.
When listing products or services for sale, the seller represents and warrants that the seller has the right to sell that product or service, and that the sale of such product or service does not and will not violate any applicable laws. Sellers may not post any exaggerated, false, deceptive, or misleading representation or content with respect to the product or service that they are selling. Before buying any specific product or service, a Member should carefully read the conditions of sale and related information, and evaluate the seller's trustworthiness and ability to perform the transaction. After an order is successfully placed, both parties to the transaction shall perform and complete the transaction in good faith.
When any payable expense is incurred by a Member, Site Operator will notify the member to make payment. Until the member has completed the payment of all expenses in full, Site Operator may restrict all or part of the functions usable by the Member. Members are prohibited from using any improper means to raise their own credit reviews or lower the credit reviews of other Members.
Members are prohibited from listing or posting on the Marketplace any product, service or information that involves any violation of law or regulation, public order, or good morals, or that infringes any right or interest of a third party, or that Site Operator deems (in its sole discretion) unsuitable for listing or posting. If any information described below is posted by any Member, we may, without prior notice, directly remove the information, make it inaccessible, or take other restrictive measures:
- information with the purpose of manipulating or inappropriately raising credit reviews;
- information that Site Operator has reason to believe involves any malicious, fraudulent, or false content;
- information that Site Operator has reason to believe is unrelated to sales of products or services, or is for purposes other than sale of products or services; or
- information that Site Operator has reason to believe is connected with false transactions, or with attempts to interfere with normal transactions.
- Termination of Membership
Depending on the severity of the violation and the number of instances of violation, we may issue a warning, a temporary suspension of privileges, or a permanent ban. A suspended Member should use the “Relist” edit function to correct the violation, and then send a message to notify the Customer Service Center. Customer Service Center will consider the measures taken by the Member to correct the violation and decide whether to restore the member's user privileges.
A Member who continually violates the Marketplace rules and policies (including, without limitation, the terms of this Membership Agreement) or who commits a severe violation will be permanently suspended (banned) from using the Marketplace and Marketplace Services. A Member who is banned will only be able to access “My Account” and the “Seller Center” to query the records of all transactions, but will be unable to list products or services for sale, and the Member’s currently listed products or services, if any, will automatically be removed from listing. Meanwhile, the Member also will be unable to submit questions to other sellers and to purchase products or services. In addition, Member’s use of the PayPal/PChomePay function may be affected. During a temporary suspension period, a Member will still be able to access “My Account” and the “Seller Center” to query the records of all transactions, and is required to perform all orders that have already been successfully placed, but such Member will be unable to list products or services for sale, and the Member's currently listed products or services, if any, will automatically be removed from listing.
We also reserve the right to disable or terminate a Member's account, without notice, if there is a period of extended inactivity.
If your membership is terminated or deactivated by us, your MGC may be deleted and your username may be given to another Member without notice to you.
- Intellectual Property Rights
A Member does not, by becoming a Member of the Marketplace, obtain any express or implied licensing of any intellectual property rights of Site Operator or its affiliates. Without prior written consent from us, a Member may not use, reproduce, or distribute any work, material, trademark, or mark, in any form, of the Site.
- Security; Violations of Law
Violations of Marketplace system and network security are prohibited, and may result in criminal and civil liability. Examples of system and network security violations include the following:
- Any automated use of the system;
- Use of software that allows your account to stay logged on while you are not actively using the account; and
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network.
We may investigate incidents involving such violations, any violations of this Membership Agreement that may constitute or have the potential to constitute violations of law, and any activity by Members on the Marketplace or using the Marketplace Services that constitute or may constitute violations of law. You understand that we may report any such activity to, and cooperate with, law enforcement, with or without receipt by us of a subpoena or other legal process.
- Representations and Warranties
You represent and warrant to us that all of the information provided by you to us to register as a Member and participate in the Marketplace and the Marketplace Services is correct and current; and that you have all necessary right, power and authority to enter into this Membership Agreement, to perform the acts required of you hereunder, and to submit your MGC in accordance with the requirements of this Membership Agreement.
- Damages; Indemnification
- Governing Law and Venue
All matters arising from or relating to this Membership Agreement or your use of the Marketplace or the Marketplace Services will be governed by and interpreted in accordance with laws of the State of California, without reference to principles of conflicts of law. The parties hereto hereby consent to the non-exclusive jurisdiction of any local, state or federal court located in Santa Clara, California. The parties waive personal service of any and all process and agree that all such service of process may be made by certified or registered mail, return receipt requested. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THIS MEMBERSHIP AGREEMENT OR THE USE OF THE MARKETPLACE OR THE MARKETPLACE SERVICES.