The access, navigation and use of the web site "MARKETPHONES", corresponding to the domains: www.marketphones.com and support.marketphones.com (hereinafter, the “Website”) implies the express and unreserved acceptance of all the terms of the present, having the same validity and effectiveness that any contract written and signed.
RC TECHNOLOGY LTD with registered office at Office 1 5/F Lemmi Center, 50, Hoi Yuen Road, Kwun Tong, Hong Kong , and with the Number of Identification 1714330 and VAT: GB315117832 (hereinafter the "Provider") and customers (hereinafter the "User"), relating to all transactions made through the website of the online store.
The website “MARKETPHONES” is an online platform or marketplace in which different companies (hereinafter vendors) expose and sell their products to the users of the platform, responsible for the collection of its price, the subsequent delivery of the product and other associated services to the commercial operation, such as the financing or the technical service after sales.
The present Conditions of Use regulate the access, navigation and use of this Web Site, without prejudice that the provider reserves the right to modify the presentation, configuration and content of the same, as well as the conditions required for access and/or use. Access to and use of the contents of the Web Site after the entry into force of its modifications or changes imply acceptance of the same.
The provider reserves the right to modify the terms and conditions here stipulated, totally or partially, publishing any change in the same way as in these Conditions of Use or through any type of communication directed to users.
In the same way, we inform users about what their rights are and their obligations in relation to the contents exposed through the Web Site, logos and trademarks used, as well as the responsibilities that may arise from the use of the service.
3. ACCESS AND REGISTRATION
The access to the contents of the Website is completely free of charge, without prejudice to the fact that there may be sections or particular services that you require for your use and enjoyment of the payment of any financial amount, which in any case the user is duly informed, and that the latter must expressly accept to be able to enjoy.
The mere access to the website does not require registration. To make purchases through the same it will be necessary to subscribe, to do this, the user must register from the following link: Registration, where you must enter all of their data real and truthful, because that will be the only way that we will be able to process potential orders to be made in the future, as well as to properly manage the commercial relationship with the user.
Under no circumstances will the provider be responsible or liable for the accuracy of the registration data provided by the users, so that each one of these will be the only responsible of the possible consequences, mistakes and failures that could result from the lack of quality of the data.
It is prohibited to access the Web Site by minors of age. However, in the case of access to the Website and register for a minor, it shall be presumed that the access has been carried out with the prior and express authorisation of their parents, guardians or legal representatives, without prejudice that the provider reserves the right to carry out any checks it deems appropriate.
3.1. REQUIREMENTS TO REGISTER AS A USER
It is essential to be able to register as a user be eighteen (18) years of age and provide all the required data and catalogued as required.
In the same way, the registered user assumes that the user account is personal and non-transferable.
The password, personal and nontransferable, must be generated by the user according to the rules of robustness and complexity to be established at each moment by the provider. The password created by the user will have a temporary validity unlimited.
If the user selects a password that does not comply with the minimum requirements according to the password policy approved and in effect at the provider, the User will be advised of this breach and the conditions that must be met for the password to a effective effect to the high of the person concerned in the register of users of the provider.
However, the provider has necessary functionalities for the user, noticiándoselo previously to the service provider, you can change your password where considered necessary, for example, because of suspected or constant that has occurred, the bankruptcy of the confidentiality of the password.
The password is personal and non-transferable. The user undertakes to make diligent use of his password and keep it secret, not transmitting it to any third party and not the provider. In consequence, users are responsible for the adequate custody and confidentiality of any identifiers and/or passwords that have been selected as registered users of the provider, and undertake not assign their use to third parties, whether temporary or permanent, nor allow access to unknown persons. It will be the responsibility of the user the illicit use of the Website by any illegitimate third party who uses a password due to a non diligent use or loss thereof by the User.
In light of the foregoing, it is the obligation of the user to immediately notify the provider about any fact to the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to, in order to proceed to immediate cancellation. While not communicate such facts, the provider shall be exempted from any liability that may arise from misuse of ids or passwords by unauthorized third parties.
Finally, the service provider communicates that to the correct implementation of a purchase will be required for certain data-oriented processing of the same, such as the domicile of the buyer, the actual data, contact telephone number, and means of payment.
3.2. LOW AS A REGISTERED USER
The user may at any time request his discharge from the Web Site, reserves the right to terminate this request by written communication via e-mail email@example.com, indicating your name of user and the particular service that you want to unsubscribe.
In any case, once you have made the low, the user may request a new registration, subject to the authority of the provider does not support such a register in the specific cases specified in the clause called the “Rules of Use of the Web Site” or in the case of conflict or dispute raised between the parties, that is unresolved or which has ended with recognition of the fault or negligence of the user and/or damage to the service provider, its staff and partners, or its users, customers or potential customers.
4. RIGHTS OF INTELLECTUAL AND INDUSTRIAL PROPERTY
The lender is the holder or, in your case, with the appropriate licenses on the exploitation rights of intellectual and industrial property of the Web Site, as well as of all the contents offered on the same, including the platform itself, text, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through the same.
The references to brand names or registered trade names, or other distinctive signs, whether owned by the provider or third parties, carry the implicit prohibition on their use without the consent of the provider or of its legitimate holders. In no time, unless expressly stated otherwise, the access, navigation or use of the Website and/or its content gives the user any right over distinctive signs included in it.
Are reserved all the rights of intellectual and industrial property on the contents and/or services on the Website and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and under any form, the whole or part of the contents included in the Web Site, for public or commercial purposes, without the prior, express and written consent of the prestadoro, in your case, the owner of the corresponding rights.
Also, it is prohibited to remove or manipulate the indications of copyright or other credits that will identify the rights holders of the content that the user finds in the Website, as well as the technical protection devices, digital fingerprints or any mechanisms of protection or information to be added to the contents offered in the Web Site.
In the event that the user sends information of any kind to the provider through any of the channels enabled to the effect, the user declares, guarantees and accepts that he has the right to do so freely, that said information does not infringe any right of intellectual and industrial property, trade secret or any other rights of third parties, and that such information is not confidential or is otherwise injurious to third parties.
The user agrees to assume the responsibility, leaving harmless the lender for any communication provided personally or his name, reaching such liability without restriction the accuracy, legality, originality and ownership of same.
If the user had knowledge of the existence of any illegal content, illegal, contrary to the laws or that could result in a violation of intellectual property rights and/or industrial, must immediately notify the provider through the e-mail address firstname.lastname@example.org in order that it may proceed to the adoption of appropriate measures.
Similarly, in the event that any user or third party consider that any content on the Website owned by the provider violates their rights of intellectual property and/or industrial, as well as any other rights, shall send a communication to email@example.com with the following information:
-Identification data and means of contact of the claimant, or his legal representative.
-Documentation that accredits their status as a holder of the rights allegedly infringed.
-Detailed account of the rights allegedly violated by the provider, as well as their exact location within the Web Site.
-Express statement by the claimant that the use of the contents is made without the consent of the holder of the rights allegedly infringed.
5.1. LINKS TO OTHER WEB PAGES
In the event that on the Web Site it will show links to other websites through different buttons, links, banners or contents embedded, the provider informs that they are directly managed by third parties, not having the service provider nor the human or technical means to know of pre-and/or control and/or approve all information, contents, products or services provided by other platforms which may establish links from the Web Site.
Consequently, the provider does not assume any responsibility for any aspect of the platform or web page to which could establish a link from the Web Site, in particular, by way of example and not limitation, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
In this sense, if the users have effective knowledge of the activities developed through these third party web pages that are illegal or contrary to morality and/or ordre public, must communicate it immediately to the service provider for the purposes of proceeding to disable the access link to the same, an action that will take place in the shortest possible time.
In any case, the establishment of any type of link from the Web Site to another web page outside does not imply any type of relationship, collaboration or dependency between the service provider and the responsible for the website of others.
5.2. LINKS TO THE CHANNEL OF THE PROVIDER ON OTHER PLATFORMS AND SOCIAL NETWORKS
The provider puts at the disposal of users, through different tools and applications, means of links, which allow the users to access the channels and pages of the Web Site that the provider maintains in different platforms and social networks owned and/or operated by third parties (e.g. Facebook, Twitter, Pinterest, Google+, etc). The inclusion of these links in the Website is for the sole purpose of facilitating users the access to these channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between the lender and the owner, manufacturer or distributor of the platform-bound, nor the acceptance and approval by the lender of its contents and/or services, being its owner, manufacturer or distributor, solely responsible for the same.
The activation and use of these applications may lead to the identification and authentication of the user (login/password) in the corresponding platforms, completely external to the Web Site and outside the control of the provider. The access to these external networks, the user enters in an environment not controlled by the provider, so the provider does not assume any responsibility for the security configuration of those environments.
Given that the lender does not have any control over the content hosted on such channels, the user acknowledges and accepts that the provider does not assume any responsibility for the content or services to which the user may access in said pages, nor for any content, products, services, advertising, or any other material available in the same. For this reason, the user must exercise caution in evaluating and using the information, contents and services existing in the linked channels, and on the information itself or third parties that want to share in such channels.
6. RULES OF USE OF THE WEB SITE
It is not allowed and, therefore, its consequences will be the sole responsibility of the user, the access to or use of the Web Site with illegal or unauthorized purposes, with or without economic purpose. In particular, and without the following listing to have absolute nature, it is prohibited:
1) Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of a third party;
2) Use the Web Site for the transmission, installation or publication of any virus, malicious code or other programs or files harmful;
3) Use the Web Site to collect personal data of other users;
4) Use the Website in any unlawful manner, contrary to good faith, morality and public order;
5) Register through the Web Site with a false identity, impersonating third parties or using a profile or performing any other action that may mislead other users about the identity of the origin of a message;
6) to gain unauthorized Access to any section of the Website, any other systems or networks connected to the Website, to any server of the provider, or the services offered through the Web Site, by means of piracy or falsification, extraction of passwords or any other illegitimate means;
7) Violating or attempting to violate, the security or authentication measures of the Website or any network connected to the same, or the measures of security or protection inherent to the content offered on the Website;
8) Carry out any action that causes a saturation, disproportionate or unnecessary in the infrastructure of the Website or the systems or networks of the provider, as well as the systems and networks connected to the Website; or
9) Prevent the normal development of an event, contest, promotion, or any other activity available through the Web Site or any of its functionalities, either by altering or trying to alter, illegally or in any other way, the access to, participation in or operation of those, or falsifying the result of the same and/or employing fraudulent methods of participation through any procedure, and/or through any practice that threatens or violates in any way the present Conditions of Use.
The breach of any of the above obligations by the user may lead to the adoption by the provider of the appropriate measures covered in the Law and in the exercise of its rights or obligations, which may reach the elimination or blocking of the account of the offending user, without any possibility of compensation for the damages caused.
7. RESPONSIBILITIES AND WARRANTIES
The provider can not guarantee the reliability, utility or veracity of absolutely any information and/or services of the Website, nor the utility or veracity of the documentation made available to you through the same.
Consequently, the provider does not guarantee nor is liable or responsible for: (i) the continuity of the contents of the Web Site; (ii) the absence of errors in such contents; (iii) the absence of viruses and/or other harmful components on the Website or the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility to break the safety measures to be taken in the same; (v) the lack of usefulness or performance of the contents of the Web Site; and (vi) the damages or harm that it causes, to itself or to a third party, any person that infringes the conditions, norms and instructions that the provider to set out on the Website or through the violation of the security systems of the Website.
However, the provider declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to ensure the operation of the Website and reduce to a minimum the errors of the system, both from the technical point of view as of the contents published on the Web Site.
The provider does not guarantee the legality, reliability and usefulness of the contents provided by third parties through the Web Site. If the user had knowledge of the existence of any illegal content, illegal, contrary to the laws or that could conceivably cause an infraction of third party rights, it shall promptly notify the lender in order that it may proceed to the adoption of appropriate measures.
The service provider shall not be responsible for the truthfulness, integrity or updating of the information published on the Website from sources external to the same, as well as nor of the content of other platforms to link from the Web Site. The provider does not assume responsibility for hypothetical damages that may arise from the use of said information.
8. SUSPENSION OF THE WEB SITE
9. CONFIDENTIALITY AND DATA PROTECTION
In accordance with the provisions of Organic Law 15/1999, of 13 December, of Protection of Data of Personal Character, as well as in the Regulation REGULATION (EU) 2016/679 OF the EUROPEAN PARLIAMENT AND OF the COUNCIL of 27 April, 2016 and relating to the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing council Directive 95/46/EC (general Regulation on data protection) all personal data provided during the use of the Website will be treated in accordance with the provisions of the Legal Notice which the user must expressly accept to be able to use and register in the system.
The procurement of any product and/or service of payment offered by the provider is regulated by the general conditions and/or specific service ready for the effect. You can consult the general conditions of purchase on the following link General terms and Conditions
In the case of any conflict between the provisions of these Conditions of Use and the particular conditions of each specific service of the Web Site, shall prevail in the latter.
11. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
Provided that the regulations in force at the effect provides for the possibility for the parties to submit to a particular jurisdiction, for any litigation arising from or related to this Website shall apply the laws of china in force at the time of the litigation, and we will submit to the Courts and tribunals of China, as well as, in your case, to the Court of Arbitration of consumption, or the like to which it is attached RC TECHNOLOGY LTD at the time of the occurrence of the dispute.
To submit claims on the use of our services, you may be directed by mail to the address, electronic or physical, indicated in the paragraph “Identification”, by committing to find at all times an amicable solution of the conflict and to mediate between the buyer and the seller / landlord or seller of the product.
Last updated: January 24, 2019