Effective Date: November 8, 2024

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING CAHU.NET (“THE PLATFORM”). BY ACCESSING OR USING THE PLATFORM, YOU (“THE BUYER”) AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“THE AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE PLATFORM.

1. DEFINITIONS
1.1 “Marketplace” means CAHU.NET operated by Purple Butterfly Market Limited, Hong Kong, or its successors and assigns.
1.2 “Buyer” means any individual or entity accessing or using the Platform to purchase Products.
1.3 “Vendor” means any individual or entity offering Products for sale on the Platform.
1.4 “Products” refers collectively to digital goods and digital services offered by Vendors through the Platform.
1.5 “Platform” refers to the website and services provided by the Marketplace.
1.6 “User Content” means any content submitted, posted, or transmitted by Buyers on or through the Platform.

2. ACCEPTANCE OF TERMS
2.1 Agreement to Terms: By accessing or using the Platform, the Buyer agrees to be bound by this Agreement and any additional terms and conditions that may apply to specific sections of the Platform or to Products offered on the Platform.
2.2 Eligibility: The Buyer represents and warrants that they are at least 18 years of age and have the legal capacity to enter into binding contracts under the laws of the Hong Kong Special Administrative Region (“Hong Kong”).

3. ACCOUNT REGISTRATION AND SECURITY
3.1 Account Creation: To access certain features of the Platform, the Buyer may be required to create an account by providing accurate and complete information.
3.2 Account Responsibility: The Buyer is responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.
3.3 Unauthorized Access: The Buyer agrees to notify the Marketplace immediately of any unauthorized use of their account or any other breach of security.

4. USE OF THE PLATFORM
4.1 Permitted Use: The Buyer may use the Platform solely for lawful purposes and in accordance with this Agreement.
4.2 Prohibited Conduct: The Buyer agrees not to:
a) Use the Platform in any manner that could disable, overburden, or impair the Platform;
b) Use any robot, spider, or other automatic devices to access the Platform for any purpose without the Marketplace’s express written permission;
c) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
d) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform.
4.3 Sanctions: the Buyer is prohibited from using any of our services if it is subject to sanctions by Hong Kong or sanctions consistent with Hong Kong law imposed by the government of the country where you access our services. The Buyer must comply with all export and re-export restrictions under Hong Kong law and any other applicable laws that pertain to goods, software, technology, and services.

5. PURCHASES AND PAYMENT
5.1 Order Placement: By placing an order for a Product, the Buyer makes a binding offer to purchase the Product under the terms specified in the Product listing and this Agreement.
5.2 Payment Processing: The Marketplace processes payments on behalf of Vendors. The Buyer agrees to provide valid and current payment information.
5.3 Pricing and Taxes: All prices are listed in USD, EUR, or other currencies and may include or exclude taxes as specified. The Buyer is responsible for any taxes applicable to their purchase, except for taxes on the Marketplace’s income.
5.4 Order Confirmation: The Marketplace will acknowledge receipt of the Buyer’s order via email. However, the order is not accepted until the Buyer receives confirmation that the Product has been delivered or made available for download.

6. DELIVERY OF PRODUCTS
6.1 Digital Delivery: Products will be delivered electronically, either through direct download from the Platform or via electronic communication.
6.2 Delivery Timeframe: Vendors are responsible for delivering Products within the timeframe specified in the Product listing.
6.3 Access Requirements: The Buyer is responsible for ensuring that they have the necessary hardware, software, and internet connectivity to access and use the Products.

7. REFUNDS AND RETURNS
7.1 Refund Policy: Refunds are subject to the Vendor’s refund policy as specified in the Product listing or as required by applicable law.
7.2 Procedure for Refunds: To request a refund, the Buyer must contact the Marketplace’s customer support within the timeframe specified in the Vendor’s refund policy.
7.3 Exclusions: Certain Products may be non-refundable, including but not limited to customized services or digital downloads, unless defective.

8. USER CONTENT
8.1 Content Submission: The Buyer may have the opportunity to submit reviews, comments, or other content on the Platform.
8.2 License Grant: By submitting User Content, the Buyer grants the Marketplace a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, and display such content worldwide in any media.
8.3 Content Standards: The Buyer agrees that any User Content will not be unlawful, defamatory, obscene, abusive, or infringe upon the rights of any third party.

9. INTELLECTUAL PROPERTY RIGHTS
9.1 Marketplace IP: All content on the Platform, including text, graphics, logos, images, and software, is the property of the Marketplace or its licensors and is protected by intellectual property laws.
9.2 Product IP: Products are owned by the Vendors or their licensors and are protected by intellectual property laws.
9.3 Limited License: The Buyer is granted a limited, non-exclusive, non-transferable license to access and use the Platform and purchased Products for personal or internal business purposes.
9.4 Restrictions: The Buyer shall not reproduce, distribute, modify, create derivative works from, or exploit any content from the Platform or Products without express written permission from the Marketplace or the appropriate rights holder.

10. PRIVACY AND DATA PROTECTION
10.1 Privacy Policy: The collection, use, and disclosure of personal data by the Marketplace are governed by the Privacy Policy, which is incorporated into this Agreement by reference.
10.2 Consent: By using the Platform, the Buyer consents to the collection and use of personal data in accordance with the Privacy Policy.
10.3 Data Security: The Marketplace implements reasonable security measures to protect personal data in compliance with the Personal Data (Privacy) Ordinance (Cap. 486) and other applicable laws in Hong Kong.

11. DISCLAIMERS AND LIMITATIONS OF LIABILITY
11.1 No Warranties: The Platform and all Products are provided on an “as is” and “as available” basis. The Marketplace makes no warranties or representations regarding the accuracy or completeness of the content on the Platform or the quality or legality of Products.
11.2 Vendor Responsibility: The Marketplace acts as an intermediary between Buyers and Vendors. Vendors are solely responsible for the Products they offer.
11.3 Limitation of Liability: To the maximum extent permitted by law, the Marketplace shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the Buyer’s use of the Platform or purchase of Products.
11.4 Liability Cap: The Marketplace’s total liability to the Buyer for any claim arising under this Agreement shall not exceed the amount paid by the Buyer for the relevant Product.

12. INDEMNIFICATION
12.1 Buyer Indemnity: The Buyer agrees to indemnify, defend, and hold harmless the Marketplace, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:
a) The Buyer’s breach of this Agreement;
b) The Buyer’s violation of any law or the rights of a third party;
c) The Buyer’s misuse of the Platform or any Products.

13. DISPUTE RESOLUTION
13.1 Negotiation: The parties shall first attempt to resolve any dispute arising out of or relating to this Agreement through good faith negotiations.
13.2 Mediation: If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to submit the dispute to mediation administered by the Hong Kong Mediation Council (“HKMC”) in accordance with its Mediation Rules.
13.3 Arbitration: If the dispute remains unresolved after mediation, it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules.
a) Seat of Arbitration: Hong Kong.
b) Language: The arbitration shall be conducted in English.
c) Number of Arbitrators: One arbitrator appointed in accordance with the HKIAC Rules.
13.4 Final and Binding: The arbitral award shall be final and binding on both parties, and judgment upon the award may be entered in any court having jurisdiction.

14. GOVERNING LAW
14.1 Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of Hong Kong.
14.2 Jurisdiction: Subject to Clause 13, the parties irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong for the enforcement of any arbitral award.

15. TERMINATION
15.1 Termination by Buyer: The Buyer may terminate their account at any time by providing written notice to the Marketplace.
15.2 Termination by Marketplace: The Marketplace may suspend or terminate the Buyer’s access to the Platform at its sole discretion for any reason, including but not limited to the Buyer’s breach of this Agreement.
15.3 Effect of Termination: Upon termination, the Buyer’s rights to access the Platform and use any purchased Products may cease, subject to any surviving provisions of this Agreement.

16. MISCELLANEOUS PROVISIONS
16.1 Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, understandings, or representations.
16.2 Amendments: The Marketplace may amend this Agreement at any time by posting the updated terms on the Platform. Continued use of the Platform after any such changes constitutes acceptance of the new terms.
16.3 Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.
16.4 No Waiver: The failure of the Marketplace to enforce any right or provision shall not constitute a waiver of such right or provision.
16.5 Assignment: The Buyer may not assign any rights or obligations under this Agreement without the prior written consent of the Marketplace.
16.6 Force Majeure: The Marketplace shall not be liable for any failure to perform its obligations where such failure results from any cause beyond its reasonable control, including but not limited to acts of God, war, civil unrest, or technical failures.
16.7 Notices: All notices or communications shall be in writing and delivered to the parties at their registered email addresses or physical addresses.

17. CONTACT INFORMATION
17.1 Customer Support: For any questions or concerns regarding this Agreement or the Platform, please contact the Marketplace.

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.