PEACHY – Terms and Conditions & Privacy Policy (Global)
TERMS AND CONDITIONS
Acceptance of Terms
By creating an account or using the services of PEACHY (“we”, “our”, “us”), including our e-commerce (eShop) platform, email direct marketing (EDM) system, and SMS messaging system (collectively, the “Platform”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, you must not use the Platform.
Services
We provide merchants with access to tools to create online stores, process transactions, send email and SMS campaigns, and manage customer interactions. We act solely as a technology service provider and are not a buyer, seller, or party to transactions between merchants and their customers.
Account Registration
You must register for an account to use the Platform. You agree to provide accurate and complete information, maintain the security of your account credentials, and notify us immediately of any unauthorised use. You are responsible for all activities under your account.
User Responsibilities
You agree not to use the Platform for any unlawful purposes, to sell prohibited goods or services, or to send unsolicited, fraudulent, or harmful communications. You are solely responsible for compliance with applicable laws in your jurisdiction and any jurisdiction where your customers or recipients are located.
Payments and Refunds
Fees for Platform services are charged according to our pricing plans. All fees are non-refundable unless required by law. We reserve the right to change pricing upon notice.
Taxes and Duties
Merchants are responsible for collecting, reporting, and remitting any taxes, duties, or other governmental fees arising from their sales. We do not act as a tax agent unless explicitly agreed in writing.
Intellectual Property
We retain all rights to the Platform, including software, trademarks, and content we provide. Merchants retain rights to their own content but grant us a licence to host, transmit, and display it as necessary to operate the Platform.
Limitation of Liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, special, or consequential damages, or loss of profits, data, or goodwill, arising from your use of the Platform.
Termination
We may suspend or terminate your account if you breach these Terms, violate applicable laws, or engage in activities that could harm the Platform or other users.
International Compliance
You must comply with all applicable laws in your jurisdiction, including consumer protection, e-commerce, privacy, and anti-spam laws. For EDM and SMS services, you must comply with the Unsolicited Electronic Messages Ordinance (Cap. 593) of Hong Kong, and any applicable laws such as the U.S. CAN-SPAM Act, EU GDPR, Canada CASL, Australia Spam Act, and Singapore Spam Control Act.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the Hong Kong Special Administrative Region. Any disputes shall be resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in English, in accordance with its rules.
Changes to Terms
We may modify these Terms at any time by posting the updated version on our website. Continued use of the Platform constitutes acceptance of the updated Terms.
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