PEACHY – International Platform Terms of Service, Disclaimer & Prohibited Products Policy

• Information We Collect

  We collect personal and business information you provide when creating an account, making payments, uploading content, or using our services. This may include names, contact details, payment details, IP addresses, and communications data.

• Introduction & Scope

  These Terms of Service (the “Terms”) apply to all users of PEACHY’s services worldwide, including its e-commerce (eShop) platform, email direct marketing (EDM) system, and SMS messaging system. By accessing or using the Platform, you agree to these Terms, our Privacy Policy, and any applicable service-specific policies.

• Governing Law & Global Compliance

  These Terms are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to conflict of law principles. You must comply with all applicable laws and regulations in your country or territory of residence, and you are solely responsible for ensuring that your use of the Platform is lawful in your jurisdiction.
  
  If the laws of your jurisdiction prohibit you from using the Platform, you must not use it. We reserve the right to restrict or terminate access from certain countries or regions where required by law or for compliance reasons.

• Disclaimer of Liability

  We act solely as a technology service provider, enabling merchants (“you”, “your”) to create online stores, list products or services, send email/SMS campaigns, and process transactions. We are not a buyer, seller, or party to any transaction between merchants and customers.
  
  We do not endorse or guarantee any merchant, product, service, or content. Merchants are solely responsible for compliance with applicable laws, including consumer protection, e-commerce regulations, advertising laws, data protection laws, and electronic communications regulations in all relevant jurisdictions.

• Prohibited Products and Activities

  The following products, services, and activities are strictly prohibited on the Platform (illustrative, not exhaustive):
  • Illegal goods or services under Hong Kong law or the merchant’s jurisdiction.
  • Narcotics, controlled substances, and drug paraphernalia.
  • Counterfeit goods, pirated content, and intellectual property infringements.
  • Stolen property.
  • Firearms, ammunition, explosives, and prohibited weapons.
  • Hazardous materials and regulated chemicals.
  • Pornographic materials or sexual services prohibited by law.
  • Unlicensed gambling or betting services.
  • Fraudulent, deceptive, or misleading products/services.
  • Activities promoting hate speech, violence, or discrimination.

• Safe Harbour Clause

  If we receive a written notice or credible complaint alleging unlawful activity or content, we will promptly investigate and may remove or disable access to such content. We will cooperate with law enforcement and regulators where required by law.
  
  We are not under a general obligation to monitor all merchant content proactively, but will take reasonable steps to address unlawful activity once we become aware of it.

• Email & SMS Marketing Services – International Compliance

  Merchants using our EDM and SMS services must comply with the Unsolicited Electronic Messages Ordinance (Cap. 593) of Hong Kong and any applicable anti-spam, privacy, and communications laws in the jurisdictions where recipients are located, including but not limited to:
  • U.S. CAN-SPAM Act of 2003
  • EU General Data Protection Regulation (GDPR) and ePrivacy Directive
  • Canada’s Anti-Spam Legislation (CASL)
  • Australia’s Spam Act 2003
  • Singapore’s Spam Control Act
  Merchants must ensure valid, verifiable consent (opt-in) for all recipients and provide a functional opt-out mechanism in every message. We are not responsible for verifying consent or message content; merchants are solely liable for all messages sent.

• Payments, Taxes & Duties

  We charge fees for Platform services as set out in our pricing plans. Merchants are responsible for collecting, reporting, and remitting any taxes, duties, or other governmental fees applicable to their sales. We do not act as a tax agent unless expressly stated in writing.

• Dispute Resolution & Arbitration

  Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, interpretation, breach, or termination thereof, shall be resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC Administered Arbitration Rules in force at the time of the arbitration. The seat of arbitration shall be Hong Kong. The language of the arbitration shall be English.

• Changes to These Terms

  We may modify these Terms at any time. Changes take effect upon posting on our website or within the Platform. Continued use of the Platform after such changes constitutes acceptance of the updated Terms.