Last updated – 1/3/2023
AGREEMENT TO TERMS
These terms of use govern your use of the https://www.mokandcompany.com website (the “site”), and by accessing the site, you agree to be bound by these terms of use. If you do not agree with these terms of use, you must discontinue using the site immediately.
We reserve the right to modify these terms of use at any time without prior notice. Your continued use of the site following any such modification constitutes your agreement to be bound by the modified terms of use.
INTELLECTUAL PROPERTY RIGHTS
The site and its contents, including trademarks, service marks, logos, and all other proprietary materials, are owned or licensed by us and are protected by copyright and other intellectual property laws. You may not copy, reproduce, or otherwise use any part of the site or its contents without our express prior written permission.
USER REPRESENTATIONS
By using the site, you represent and warrant that you are at least 18 years of age, you have the legal capacity to agree to these terms of use, and that you will not use the site for any illegal or unauthorized purpose.
USER REGISTRATION
If you choose to register with the site, you agree to keep your password confidential and are responsible for all activities that occur under your account. We reserve the right to remove, reclaim, or change any username that we determine, in our sole discretion, is inappropriate or objectionable.
PRODUCTS
We make every effort to provide accurate descriptions of our products, but we do not guarantee the accuracy, completeness, reliability, currency, or error-free nature of such descriptions. All products are subject to availability and prices are subject to change.
PURCHASES AND PAYMENT
We accept several forms of payment, and you agree to provide accurate and complete payment and account information for all purchases made through the site. We reserve the right to correct any errors or mistakes in pricing, even if we have already received payment. We may also refuse any order placed through the site, and limit or cancel quantities purchased per person, per household, or per order.
RETURN POLICY
Please review our return policy before making any purchases.
PROHIBITED ACTIVITIES
You may not use the site for any illegal or unauthorized purpose or engage in any activity that may harm us or our employees or agents. You may not attempt to interfere with or disrupt the site or any networks or services connected to the site. You may not use the site to collect or transmit any personal information of other users or engage in any automated use of the system. You may not copy or adapt any part of the site’s software or use the site for any revenue-generating endeavor or commercial enterprise. You may not sell or transfer your profile.
GENERAL TERMS
These terms of use constitute the entire agreement between you and us regarding your use of the site. If any provision of these terms of use is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect. These terms of use will be governed by and construed in accordance with the laws of Hong Kong.
PRIVACY POLICY
Please review our privacy policy at https://www.mokandcompany.com/policies/privacy-policy. By using the site or marketplace offerings, you agree to be bound by our privacy policy, which is incorporated into these terms.
TERM AND TERMINATION
We reserve the right to deny access to the site and marketplace offerings, without notice or liability, to any person for any reason or for no reason, including for breach of these terms or applicable law or regulation. We may terminate your use or participation in the site and marketplace offerings or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name or a fake name. We reserve the right to take legal action, including pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the site’s contents or discontinue all or part of the marketplace offerings without notice. We have no obligation to update any information on our site. We have no liability for any loss or inconvenience caused by your inability to access or use the site or marketplace offerings during any downtime or discontinuance. We are not obligated to maintain or support the site or marketplace offerings or to supply any corrections, updates, or releases.
GOVERNING LAW
These terms and your use of the site and marketplace offerings are governed by the laws of Florida applicable to agreements made and to be performed within Florida, without regard to its conflict of law principles.
DISPUTE RESOLUTION
INFORMAL NEGOTIATIONS
To control the cost of any dispute, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration.
BINDING ARBITRATION
If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration under the commercial arbitration rules of the American Arbitration Association. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The arbitration will take place in Broward, Florida. The parties may litigate in court to compel arbitration or to confirm, modify, vacate, or enter judgment on the award.
If a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Broward, Florida.
RESTRICTIONS
Any arbitration shall be limited to the dispute between the parties individually. There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures.
EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION
The parties agree that disputes related to intellectual property rights, allegations of theft, piracy, invasion of privacy, or unauthorized use, or claims for injunctive relief are not subject to the above provisions concerning informal negotiations and binding arbitration. If a dispute falls within an illegal or unenforceable provision, the dispute shall be decided by a court of competent jurisdiction.
CORRECTIONS
We reserve the right to correct any errors, inaccuracies, or omissions on the site, including those related to the marketplace offerings, at any time without prior notice.
DISCLAIMER
The site and its services are provided on an as-is and as-available basis. We make no warranties or representations about the accuracy or completeness of the site’s content, and we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We will not be liable for any errors, mistakes, or inaccuracies in content and materials, personal injury or property damage resulting from site access or use, unauthorized access to personal and financial information, transmission interruptions or cessation, bugs, viruses, or errors in content and materials posted by users, and any loss or damage incurred as a result of any product or service purchased through the site.
LIMITATIONS OF LIABILITY
We and our directors, employees, and agents will not be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from site use. Our liability to you for any cause will be limited to the lesser of the amount paid by you or required by applicable law. Certain laws may not allow limitations on implied warranties or the exclusion of certain damages, in which case, these limitations may not apply to you.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from any loss, damage, liability, claim, or demand arising from your use of the site, contributions, breach of these terms, breach of representations and warranties, violation of third-party rights, or any overt harmful act toward another user. We reserve the right to assume exclusive defense and control of any matter for which you are required to indemnify us.
USER DATA
You are solely responsible for all data transmitted to the site or relating to your site activity, and we will not be liable for any loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
You consent to receive electronic communications and agree to the use of electronic signatures, contracts, orders, and other records. You waive any rights or requirements under laws that require an original signature or delivery of non-electronic records.
MISCELLANEOUS
These terms and any policies posted on the site constitute the entire agreement between you and us. Our failure to enforce any right or provision of these terms does not waive that right or provision. These terms operate to the fullest extent permissible by law. We may assign our rights and obligations at any time. We will not be responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision of these terms is deemed unlawful or unenforceable, it does not affect the validity of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created by these terms. These terms will not be construed against us by virtue of having drafted them.
CONTACT US
For complaints or inquiries about the site, contact us at hi@mokandcompany.com or The Kibbutz Hong Kong Limited, Unit 813, 8/F, Block A, Tonic Industrial Centre, 26 Kai Cheung Road, Kowloon Bay, Kowloon, Hong Kong.
