2 Our Site Content
2.1 Our Site mirrors online e-commerce platforms such as Taobao.com, Tmall.com, 1688.com and other e-commerce sites in China (collectively, “Mirrored Sites”). Accordingly, all product content and descriptions are provided by the individual third party merchants listed on the Mirrored Sites, and are not provided or verified by ETALKNPAY COMPANY LIMITED and our operating company, PSAR TAO ONLINE CO. LTD. We are primarily a logistics service provider to assist you in bringing your purchases from the Mirrored Sites into Cambodia. As such, the content provided by PSAR TAO ONLINE itself on our Site are descriptions of our own logistical services and our terms and conditions only. All Product information are provided by the Mirrored Sites and their merchants;
2.2 No information on our Site, in your member’s account, or our newsletters, advertisements, marketing materials, promotional updates or other email updates (collectively, our "Updates") which you may have subscribed to via our Site, constitutes medical advice, financial advice, legal advice or any other form of advice for which a license to provide such advice may be required under applicable law. The content on our Site is merely to provide some information regarding our Company’s logistical services, and reflects the content of the Mirrored Sites.
2.3 Neither our Site, nor our Updates, is intended to be a substitute for any medical advice, and you should seek specific professional medical advice on any health or medical related subject-matter for which you require specific input, including but not limited to the suitability of any creams which you wish to purchase from a third party merchant on a Mirrored Site in the event that you have any skin sensitivities;
2.4 As ETALKNAPY COMPANY LIMITED and its operating company PSAR TAO ONLINE CO. LTD. are not providing and selling the Products shown in its website www.psartao.com, we are mirroring the content and descriptions from Taobao.com, Tmall.com and 1688.com with local translation ONLY. We are not able to ensure the authenticity of the Products shown on our Website, but we will block and blacklist the corresponding Merchants and their Products which involve copyright infringement / counterfeits once complaints received;
2.5 Any tips, opinions and testimonials expressed on our Site constitutes the sole discretionary opinion of the third party writers (such as users of PSAR TAO ONLINE’s services) only, and should not be construed as any warranty, guarantee or representations provided by PSAR TAO ONLINE;
2.6 Reviews of products posted by individuals on our Site are the personal views of such individuals, and does not represent the view of our Company, nor any implied endorsement or recommendation by our Company. Such reviews are also not to be deemed as any warranty, express or implied, of the effectiveness or results of the reviewed product, as the effect of any product will vary from individual to individual. For the avoidance of doubt, the reviewed products are not sold by our Company and our Company is not howsoever whatsoever associated with the reviewed products or the merchants selling such products.
3 Products on Our Site
3.1 Our Site reflects the Mirrored Sites and therefore displayed products ("Products") are products belonging to third party sellers (“Mirrored Site Merchants”) who are usually located in China and are listed merchants of the Mirrored Sites, not our Site. Accordingly, the Products are not manufactured by our Company, are not sold by our Company, are not howsoever endorsed by our Company, and all Product descriptions accompanying the Products are as per what the Mirrored Site Merchants have stipulated on the corresponding Mirrored Sites. Please read the Product description carefully before purchasing, and if you require any further information, please contact the Mirrored Site Merchant directly. For the avoidance of doubt, the mere availability of the Products on our Site does not imply any recommendation or endorsement by our Company;
3.2 The Products that you see on our Site are listed at and therefore can be found on the Mirrored Sites. The Products are located in China, and any deliveries will therefore originate from China. Estimated delivery time-frames, options and costs are found on the relevant pages on our Site, please check accordingly
3.3 The colors of the Products that you see on our Site may vary depending on your monitor, graphics card, computer settings and the device that you are using to access our Site. As such, the actual color of the Product itself may differ from the color that you see on our Site;
3.4 Other than the Products, our Site may refer to products, services, processes or other information by trade name, trade mark, manufacturer, supplier or otherwise, and such reference does not constitute endorsement, sponsorship or recommendation of any kind, express or implied, by our Company;
3.5 Once complaint involving copyright infringement / counterfeits is received, we will block and blacklist the corresponding Merchants and their Products.
4 Intellectual Property
4.1 Our function in mirroring Taobao.com, Tmall.com and 1688.com (collectively, Taobao Agent System API) is developed by Xinyu Onebound Technology Co., Ltd., as a service provider of ETALKNPAY COMPANY LIMITED and its website www.psartao.com. Xinyu Onebound Technology Co., Ltd. is liable for any copyright infringement from Taobao.com, Tmall.com, 1688.com, any corresponding online platforms, and any Merchants mirrored;
4.2 All content, including any write-ups, diagrams, charts, layout, photographs and drawings, as displayed on our Site and in our Updates are protected by copyright, trade mark registrations and/or other intellectual property rights (whether owned by the Company, the Mirrored Sites, the Mirrored Site Merchants, or licensed to the Company). You agree therefore that without any prior written consent of our Company and the corresponding Merchants, you are not permitted to reproduce, copy, download, extract, store, distribute, sell, modify or create derivative works from, any part of the content found on our Site or in our Updates. We reserve our rights to take legal action against you for any such unauthorized use of our content;
4.3 All company names (including our Company's name and the company names of the manufacturer of the Products), logos, trade marks, service marks, brands (collectively the "Branding") represented on our Site and the corresponding Merchants mirrored whilst in our Updates belong to our Company or to third parties who have agreed to display their Branding on our Site and in our Updates. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without the prior written consent of our Company and the corresponding Merchants.
5 Third Party Sites and Browsing Experience
5.1 Please note that we do not control any links, services, products (including Products), or resources provided by other third parties referenced or linked to or mirrored by our Site (or in our Updates), even if such third party’s website may be mirrored by our Site, or co-branded with our Site by bearing our Company logo or name. We seek for your understanding that we are unable to control or influence any third parties' actions even if their websites are hyperlinked on or mirrored by our Site (or in our Updates). Accordingly, should you decide to use or access such third parties’ websites (including the Mirrored Sites), all use and access are at your sole risk and subject to the terms and conditions of use of such third parties’ websites. If you have any query on the terms and conditions of use of such third parties’ websites or their services or products, please contact the third parties directly;
5.2 You agree that our Company may employ cookies, action tags or other legal technological means to record your anonymized access of our Site for the purpose of providing better services and enhancing your browsing experience.
6.1 Our Site, Updates, our services, and the Products are not meant for persons who may be defined as minors under applicable law. However, it is not possible for our Company to determine whether any user of our Site is a minor. If you are a minor, please discontinue the use of our Site immediately. It is the responsibility of parents and legal guardians to monitor whether a minor is using our Site;
6.2 If any minor wishes to purchase any of the Products, and/or use any of our services, it should be with the minor's parent's or legal guardian's consent, and only after the parent or legal guardian has discussed the Product with the minor's doctor.
7.1 In the event that you provide us with any feed back and comments, we appreciate you in taking the time to write to us, and your feedback and comments are appreciated. Any such feedback and comments from you (“Feedback”) shall be and remain the property of our Company, and we therefore reserve the right to publish, withhold or store any Feedback in our sole discretion;
7.2 Please kindly note that you are responsible for your Feedback, and you should ensure that such Feedback does not contain any libelous, scandalous, defamatory, abusive or infringing contents, particularly if such Feedback will be published to the public whether via our Site, our Updates or other means. You agree to fully defend, hold harmless and indemnify our Company for all losses and costs suffered or incurred by our Company due to your Feedback, including but not limited third party claims, legal fees, settlement amounts, fines, penalties, and law enforcement actions.
8 Disclaimers and Limitation of Liability
8.1 While we have exercised due care in the preparation of all content displayed on our Site and in our Updates, such content, information and materials are provided “AS IS” WITH ALL FAULTS" and "AS AVAILABLE”;
8.2 Your use of our site, our updates, our services and the products is at your own discretion and risk. Our Company make no claims, representation, warranties (express or implied) or promises about the quality, accuracy, update, non-omissions, continued accessibility, fitness for particular purpose or reliability of our site or our updates or our services or the products, their safety or security, freedom from computer viruses, comprehensive proof security against third party hackers, or our site's (or our updates') content;
8.4 Our Company further disclaims any and all liability for any losses or damages that you may incur as a direct result of using or accessing our Site or Updates, including but not limited to any virus, Trojan horse or worm attacks on your computer;
8.5 In the event that our Company’s liability to you in relation to our Site and/or Updates cannot be fully disclaimed, you agree that our Company’s total liability to you shall not exceed USD100.
10 Governing Law and Jurisdiction
11.3 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms.