Secure Checkout Terms of Service
1. INTRODUCTION
1.1 Welcome to the Secure Checkout platform (the “Site“). Please read the following Terms of Service carefully before using this Site or opening a Secure Checkout account (“Account“) so that you are aware of your legal rights and obligations with respect to Secure Checkout an/or its affiliates (individually and collectively, “Secure Checkout“, “we“, “us” or “our“). The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by Secure Checkout client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content“). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Secure Checkout.
1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”).
1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
1.4 Secure Checkout reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Secure Checkout may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Secure Checkout may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
1.5 Secure Checkout reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
BY USING SECURE CHECKOUT SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2. PRIVACY
2.1 Your privacy is very important to us at Secure Checkout. To better protect your rights we have provided the Secure Checkout’s Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Secure Checkout collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:
(i) consent to Secure Checkout’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Secure Checkout; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Secure Checkout’s prior written consent.
2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
3. LIMITED LICENSE
3.1 Secure Checkout grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Secure Checkout and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.1 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Secure Checkout. You acknowledge that Secure Checkout may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
4. SOFTWARE
4.1 Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Secure Checkout reserves all rights to the software not expressly granted by Secure Checkout hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Secure Checkout.
5. ACCOUNTS AND SECURITY
5.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID“) and password, and by providing certain personal information.
5.2 By registering an Account, you agree and understand that:
(a) You may use any product and/or services available in Sites or applications provided by and/or operated by Secure Checkout.
(b) Secure Checkout may make available through the Sites certain products and/or services that originate from or are offered by Secure Checkout’s affiliates or partners and other products made available by such affiliates, or partners from time to time in the Sites. Please contact the relevant provider if you have any questions or encounter any issue in relation to the purchase or transaction of these products or services.
Your Account may be used to sign into, use or access the products, applications, websites and services provided by Secure Checkout, as well as those provided by certain of its affiliates or partners, including but not limited to Secure Checkout. Such products, websites and services shall be bound by the respective affiliate or partner’s terms and conditions and privacy policies, which you agree to and accept when using or accessing such products, applications, websites or services. You may be able to use or access your Account, including any associated payment methods, transaction records, or other identifiers, through a variety of user interfaces, including, but not limited to, the Secure Checkout application or website, Secure Checkout or through other products, applications, websites or services.
(d) In the event that you use the Out of Platform Application as mentioned in paragraph (c) above, the use of such product and/or services shall be subject to the respective terms of service provided by the relevant affiliate or associate of Secure Checkout.
5.3 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Secure Checkout of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Secure Checkout will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
5.4 You agree that Secure Checkout may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately suspend, freeze or terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel or suspend any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Secure Checkout deems necessary. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Secure Checkout may terminate your Account immediately with or without notice.
5.5 Users may terminate their Account if they notify Secure Checkout in writing of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Secure Checkout after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Secure Checkout shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Secure Checkout.
5.6 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
6. TERM OF USE
6.1 Without limitation to Section 2, you acknowledge, consent and agree that Secure Checkout may collect, use and/or process data relating to product performance for the purposes of narrowing down product listings and improving Secure Checkout services and user experience (including to combine Seller performance data with other product performance data, to the extent relevant).
6.2 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Secure Checkout may effect such termination with or without notice to you.
6.3 You acknowledge that Secure Checkout and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site without any liability to you.
6.4 You acknowledge, consent to and agree that Secure Checkout may access, preserve and disclose your Account information, Content, and any other materials or information you provide to us to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Secure Checkout or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Secure Checkout, its Users and/or the public.
7. VIOLATION OF OUR TERMS OF SERVICE
7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
- Listing deletion
- Limits placed on Account privileges
- Account suspension and subsequent termination
- Criminal charges
- Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
7.2 If you believe a User on our Site is violating these Terms of Service, please contact us via email at cs@securecheckoutsolutions.com
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 As stated above, Secure Checkout does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).
8.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with Secure Checkout in any way and Secure Checkout is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.
8.3 Secure Checkout acknowledges that a brand or manufacturer may, subject to applicable law, have the right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products with other third parties. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the brand or manufacturer and the respective third parties with whom it contracts, Secure Checkout generally does not assist in the enforcement of such exclusive distribution rights or price-control matters except where required by law.
9. PURCHASE AND PAYMENT
9.1 Payments for goods purchased on Secure Checkout can be made by using one or more of the following payment methods in each country it operates in:
(i) Credit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
(ii) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated Secure Checkout Bank Account. Buyer must provide Secure Checkout with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in Secure Checkout’s app as payment confirmation. If payment confirmation is not received by Secure Checkout within three (3) days, Buyer’s order will be cancelled.
(iii) Other payment methods, including Secure CheckoutPay
Buyers may also link their bank accounts, permitted payment wallets or other permitted payment methods on our Site from time to time.
Where a Buyer provides consent to Secure Checkout to link or save any payment method to their Account, the Buyer consents to Secure Checkout sharing such payment method information with any payment processor, payment gateway, payment facilitator or other payment intermediary, channel or service provider for purposes of storing such payment method information and processing payments using such payment methods.
9.2 Availability of a given payment method or its compatibility with Secure Checkout may depend on your payment method and other factors and may change at any time.
9.3 You may be able to save a payment method to your Account through the Secure Checkout application or website, Secure Checkout or the payment method issuer’s application or website. In order to save a payment method, you must complete required information on any registration forms presented to you. The information that you provide must be current, complete and accurate, and you must maintain it as such.
9.4 When you save a payment method, Secure Checkout may store information relating to the payment method, such as your name, user ID, phone number, account number, account information, billing address or delivery address and other information relating to your account, and share such information with Secure Checkout, to be reflected in Secure Checkout. Secure Checkout reserves the right to modify, suspend, cancel and/or set any conditions, including but not limited to setting minimum spending amount, for any payment method.
9.5 Where your Account is linked with your Secure Checkout Account, your saved payment methods will be able to be used in both your Account and your Secure Checkout Account, and you may use the saved payment method on Secure Checkout or on the Sites.
9.6 You authorize us to confirm that your payment method is in good standing with its provider, including, but not limited to, by submitting a request for a payment authorization and/or a low-value credit and/or debit to the payment method, in accordance with payment network rules or other requirements applicable to the payment method.
9.7 Buyer may only change their preferred mode of payment for their purchase prior to making payment.
9.8 Secure Checkout takes no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
10. SECURE CHECKOUT GUARANTEE
10.1 Secure Checkout Guarantee is a service provided by Secure Checkout to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by Secure Checkout (“Secure Checkout Guarantee Account”). Seller will not receive interest or other earnings from the sum you have paid into Secure Checkout Guarantee Account.
10.2 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in Secure Checkout Guarantee Account until:
(a) Buyer sends confirmation to Secure Checkout that Buyer has received his/her goods, in which case, unless 10.2(d) applies, Secure Checkout will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping fee (if applicable), the Transaction Fee, Secure Checkout Commission Fee, Platform Support Fee, service fee (if applicable) and Tax Amount (defined below), (if applicable) the Cross Border Fee (defined below) and any other amount payable by the Seller to Secure Checkout) in Secure Checkout Guarantee Account to Seller;
(b) Secure Checkout Guarantee Period (as defined below) expires, in which case, unless 10.2(c) or 10.2(d) applies, Secure Checkout will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), the Transaction Fee, Secure Checkout Commission Fee, Platform Support Fee, service fee (if applicable) and Tax Amount (defined below), (if applicable) the Cross Border Fee (defined below) and any other amount payable by the Seller to Secure Checkout) in Secure Checkout Guarantee Account to Seller;
(c) Secure Checkout determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 10.2(d) applies, Secure Checkout will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy; or
(d) such other time notified by Secure Checkout or as Secure Checkout reasonably determines that a distribution of Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), the Transaction Fee, Secure Checkout Commission Fee, Platform Support Fee, service fee (if applicable) and Tax Amount (defined below), (if applicable) the Cross Border Fee (defined below) and any other amount payable by the Seller to Secure Checkout) is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.
Secure Checkout Guarantee is only offered to Buyers who have made payment through the channels provided by Secure Checkout into Secure Checkout Guarantee Account. Offline arrangements between Buyer and Seller will not be covered under Secure Checkout Guarantee.
10.3 Payments made through Secure Checkout channels will be held in the Secure Checkout Guarantee Account for a specified period of time (the “Secure Checkout Guarantee Period”). During the Secure Checkout Guarantee Period, Buyers may make a return and refund request if they are not satisfied with their purchase. To find out more about the Secure Checkout Guarantee Period, please click this link.
10.4 If, for any reason, the Seller’s bank account cannot be credited and/or the Seller cannot be contacted, Secure Checkout will use reasonable endeavours to contact the Seller using the contact details provided by him/her. In the event that the Seller cannot be contacted for more than twelve (12) months after the balance of the Buyer’s Purchase Monies becomes due to the Seller and such money remains unclaimed, we reserve our right to handle or process such money in accordance with the applicable law, including lodging such money with the Registrar in accordance with the requirements under the Hong Kong Unclaimed Moneys Act. In such instance, you may recover your unclaimed money directly from the Registrar less any fees or charges that may be imposed, with no further recourse to us.
10.5 Seller/Buyer must be the beneficial owner of the Account and conduct transaction on the Site only on behalf of him or herself. Secure Checkout may require Seller or Buyer to provide his or her personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. Seller/Buyer hereby grants Secure Checkout his/her consent to use or provide to third party his/her personal data to facilitate his/her use of the Site. Further, Seller/Buyer authorises Secure Checkout to use his/her personal data to make any inquires we consider necessary to validate his/her identity with the appropriate entity such as his/her bank. For more information in relation to how Secure Checkout handles your personal information, please visit our Privacy Policy page.
10.6 The Secure Checkout Guarantee is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the Secure Checkout Guarantee. The Secure Checkout Guarantee is neither intended nor designed to assist Buyer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and Secure Checkout accepts no liability in connection with the same. Without limitation, the Secure Checkout Guarantee does not constitute a product warranty.
10.7 Buyer and Seller acknowledge and agree that Secure Checkout’s decision (including any appeals) in respect of and relating to any issues concerning the Secure Checkout Guarantee is final.
10.8 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by Secure Checkout Guarantee.
11. DELIVERY
11.1 Secure Checkout will inform Seller when Secure Checkout receives Buyer’s Purchase Monies in order to arrange for the delivery of such purchased item(s). Unless otherwise agreed with Secure Checkout, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.
11.2 Seller must use his/her best effort to ensure that Buyer receives the purchased item(s) within, whichever applicable, the Secure Checkout Guarantee Period or the time period specified (for offline payment) by Seller on Seller’s listing, and Seller shall be responsible for the delivery fee for any purchased items(s) (which Seller may charge from Buyer).
11.3 Secure Checkout may offer Buyers a guaranteed delivery date for eligible products (“Eligible Products”). If an Eligible Product does not arrive on or before the guaranteed delivery date as stated in the Order Details page on the Site (“Guaranteed Arrival Date”), Secure Checkout may issue a voucher (“On Time Guarantee Voucher”) to Buyer. Delivery dates shown on the Product Detail page are indicative estimates only and Secure Checkout is not responsible for any other delivery date that is not stated in the Order Details page. For Eligible Products, once the Guaranteed Arrival Date has passed, Buyers need to claim the On Time Guarantee Voucher on the Order Details page within three (3) days of the date that Buyer clicks “Order Received” / before the status of the Eligible Product is reflected as “Completed”, otherwise the voucher will be forfeited. On Time Guarantee Vouchers cannot be cashed in whole or in part or transferred in any way, are based on availability and are subject to the terms and conditions of usage (including validity period) as specified by Secure Checkout from time to time. For the avoidance of doubt, On Time Guarantee Vouchers are offered at Secure Checkout’s discretion and shall not constitute any admission of liability or wrongdoing by Secure Checkout. By using the On Time Guarantee Voucher, Buyer unconditionally and unequivocably waives, release and discharges Secure Checkout from all actions, proceedings, claims and demands whatsoever which Buyer may have in respect of a failed or late delivery of Eligible Products.
11.4 For orders shipped using Secure Checkout Supported Logistics (third-party logistics providers that have integrated their system with Secure Checkout), Users may raise a request to Secure Checkout under, amongst others, Secure Checkout’s Refunds and Return Policy for items damaged or lost during the course of delivery. For orders not shipped using Secure Checkout Supported Logistics, in the event where the purchased item(s) is damaged or lost during the course of delivery, Users acknowledge and agree that Secure Checkout will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.
11.5 For Cross-Border Transaction. Users understand and acknowledge that, where an item listing states that the item will ship from overseas, such item is being sold from a Seller based outside of Hong Kong, and the importation and exportation of such item is subject to local laws and regulations. Users should familiarise themselves with all import and export restrictions that apply to the designating country. Users acknowledge that Secure Checkout cannot provide any legal advice in this regard and agree that Secure Checkout shall not bear any risks or liabilities associated with the import and export of such items to Hong Kong.
11.6 Seller acknowledges and agrees that if the Buyer elects to engage a Delivery Partner to deliver a purchased item, the Seller shall make such purchased item available for pick-up by the Delivery Partner within such timelines and in accordance with such procedures as may be notified by Secure Checkout from time to time. In the event of Seller’s non-compliance with the foregoing, Secure Checkout may take such action or steps as it deems necessary at its sole discretion, including but not limited to, charging additional delivery fee to Seller, cancellation of the relevant order, issuance of warnings and/or suspension and/or termination of the Seller’s Account.
11.7 Where the Buyer elects to have a purchased item delivered by any other shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Buyer, Seller and Secure Checkout in such proportions as may be determined by Secure Checkout and published on the Site from time to time. Secure Checkout shall (i) collect the Buyer’s proportion of the Shipping Fee from the Buyer, (ii) deduct the Seller’s proportion of the Shipping Fee from the Buyer’s Purchase Monies in accordance with Section 12.2, and (iii) pay the total Shipping Fee to the delivery company.
12. CANCELLATION, RETURN AND REFUND
12.1 Buyer may only cancel his/her order prior to the payment made into Secure Checkout
12.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of Secure Checkout Guarantee Period, if applicable, subject to and in accordance with Secure Checkout’s Refunds and Return Policy. Please refer to Secure Checkout’s Refund Policy for further information.
12.3 Secure Checkout reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into Secure Checkout Guarantee Account.
12.4 If you have redeemed Secure Checkout Coins for your transaction and you are successful in obtaining a refund based on Secure Checkout’s Refunds and Return Policy, Secure Checkout shall refund the monies you have actually paid for the item and credit back any payments to your Account separately.
12.5 Secure Checkout does not monitor the cancellation, return and refund process for offline payment.
13. SELLER’S RESPONSIBILITIES
13.1 Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.
13.2 Seller shall also ensure that the Seller properly and correctly categorises each product that the Seller intends to list on the Site by following this guide found at the Seller Education Hub. Seller acknowledges and agrees that the guide may be updated from time to time by Secure Checkout and the Seller agrees to follow any updated guide thereafter. Seller agrees that in the event a product is wrongly categorised, Secure Checkout may take such actions as may be necessary as provided in this article in the Seller Education Hub. The article may be updated by Secure Checkout from time to time. In the event of any dispute over the categorisation of products, the Seller agrees that Secure Checkout has the final decision over the dispute.
13.3 The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.
13.4 Seller agrees that Secure Checkout may at its discretion engage in promotional activities to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.
13.5 For the purpose of promoting the sales of the items listed by Seller, Secure Checkout may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by Secure Checkout.
13.6 Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.
13.7 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Secure Checkout cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.
13.8 Seller acknowledges and agrees that Seller’s violation of any of Secure Checkout’s policies will result in a range of actions as stated in Section 7.1.
14. TRANSACTION FEES, COMMISSION FEES & OTHER FEES
14.1 Secure Checkout or the payment platform it uses charges a fee for all successful transactions completed on the Site, including any other programme fees that may be charged by Secure Checkout under any other programme (“Transaction Fee” and “Platform Support Fee“). The Transaction Fee charged for a successful transaction completed on the Site is calculated at approximately three and a half percent (3.5%) (subject to variation but not exceeding 4%), rounded up to the nearest cent.
14.2 For Sellers located outside of Hong Kong, Secure Checkout charges a fee for all successful transactions completed on the Site (“Cross Border Fee”). The Cross Border Fee is borne by the Seller, and is calculated according to the rates as notified to such Sellers from time to time on the Site.
14.3 In addition to Transaction Fees, Secure Checkout also charges a fee for all successful transactions completed by Sellers on the Site (“Secure Checkout Commission Fee”). The Secure Checkout Commission Fee is borne by the Seller, and is calculated by percentage based on the gross settlement price of the product (“Commission Rate”). The Commission Rate varies depending on the category of the product sold. Secure Checkout may amend the Commission Rate from time to time by announcing the amendment in notices issued to its sellers and suppliers.
14.4 Following the successful completion of a transaction, Secure Checkout shall deduct the Transaction Fee, Secure Checkout Commission Fee, Platform Support Fee and the Tax Amount, and the Cross Border Fee (as applicable) from the Buyer’s Purchase Monies, and remit the balance to the Seller in accordance with Section 12.2. Secure Checkout shall issue receipts or invoices for the Transaction Fee, Secure Checkout Commission Fee, Platform Support Fee and Tax Amount paid by Seller on request.
15. DISPUTES
15.1 In the event a problem arises in a transaction, the Buyer and Seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which Secure Checkout shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
15.2 Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against Secure Checkout (except where Secure Checkout is the Seller of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.
15.3 Users covered under Secure Checkout Guarantee may send a written request to Secure Checkout to assist them in resolving issues which may arise from a transaction upon request. Secure Checkout may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users resolving their dispute.
15.4 To be clear, buyer using other payment means for his/her purchase should contact Seller directly.
16. DISCLAIMERS
16.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SECURE CHECKOUT OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECURE CHECKOUT DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, OR ANY OTHER HARMFUL CODES.
16.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
16.3 SECURE CHECKOUT HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS.IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE SECURE CHECKOUT FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
17. EXCLUSIONS AND LIMITATIONS OF LIABILITY
17.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SECURE CHECKOUT BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF SECURE CHECKOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
17.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, SECURE CHECKOUT IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE SECURE CHECKOUT GUARANTEE; AND (B) HK$100 (ONE HUNDRED DOLLARS).
18. YOUR REPRESENTATIONS AND WARRANTIES
18.1 You represent and warrant that:
(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms;
(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations; and
(c) you are not located or resident in a country or territory that is the subject or target of Sanctions (including Iran, Cuba, Syria, North Korea, Crimea, Donetsk, Luhansk regions in Ukraine).
19. FRAUDULENT OR SUSPICIOUS ACTIVITY
19.1 If Secure Checkout, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Secure Checkout, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
(b) We may suspend your eligibility for Secure Checkout Guarantee;
(c) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by a competent court or elsewhere and directed to Secure Checkout;
(d) We may refuse to provide the Services to you now and in the future;
(e) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Secure Checkout or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
For the purposes of this Section:
“Chargeback” means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
“Claim” means a challenge to a payment that a Buyer or Seller files directly with Secure Checkout.
“Reversal” means the reversal of a payment by Secure Checkout because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by Secure Checkout, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other Secure Checkout policy, or (e) Secure Checkout decided a Claim against you.
20. INDEMNITY
20.1 You agree to indemnify, defend and hold harmless Secure Checkout, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties“) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where Secure Checkout is the Seller in the transaction that the dispute relates to), (b) the Secure Checkout Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of Secure Checkout, (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.
21. SEVERABILITY
21.1 If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
22. GOVERNING LAW
22.1 These Terms of Service shall be governed by and construed in accordance with the laws of Hong Kong without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever arising out of or relating to these Terms of Service against or relating to Secure Checkout or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Hong Kong in accordance with the rules governing Arbitration law in Hong Kong for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
23. GENERAL PROVISIONS
23.1 Secure Checkout reserves all rights not expressly granted herein.
23.2 Secure Checkout may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site and/or receipt of any Services (including, for the avoidance of doubt, the continued provision of an Account to you by Secure Checkout) after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
23.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
23.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Secure Checkout, nor does it authorise you to incur any costs or liabilities on Secure Checkout’s behalf.
23.5 The failure of Secure Checkout at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
23.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Secure Checkout’s affiliates and subsidiaries (and each of Secure Checkout’s and its affiliates’ and subsidiaries’ respective successors and assigns).
23.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
23.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act, the Singapore Prevention of Corruption Act and the Hong Kongn Anti-Corruption Commission Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
23.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contact us via the channels provided below.
LEGAL NOTICES: Please send all legal notices cs@securecheckoutsolutions.com and Attention it to the “General Counsel”.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” OR “CONNECT WITH META” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.
Last Updated: 2 February 2026