These Terms and Conditions govern the contractual relationship between Localliz.com (HK) Limited and you relating to the display and promotion of information and materials relating to you and your business on Necescity.com, our pulsits, emails, other communications or on our website, www.necescity.com (“Necescity.com” or the “site”).
Necescity.com is owned by Localiiz.com (HK) Limited. The terms Localiiz.com (HK) Limited, “us” and “we” refer to the owner and operator of Necescity.com. We are a company incorporated in Hong Kong with registration number 1553324. References to Necescity.com and/or the site includes any part of the site, including all emails, pulsits, newsletters, other forms of communications, forums, email facilities and any other areas of the site, features or functionality as may be added or developed from time to time.
3. Services to be provided
We agree to provide the services set out your specific Contract Schedule. We do not agree to provide any further services which are not expressly set out in the Contract Schedule.
4. Payment options and terms
(i) Cross cheques should be made payable to “NecesCity.com” and sent to:
Necescity.com c/o Localiiz.com (HK) Limited
3/F, 6 Tank Lane,
(ii) Bank deposits should be paid to:
Account name: Necescity.com
Bank: The Hongkong and Shanghai Banking Corporation
Account no: 848-469417-838
Swift Code: HSBCHKHHHKH
Ref: Please include your invoice number as a reference.
(iii) Payment is to be made within 30 days after quotation has been signed.
(iv) Cancellation will only be accepted if in writing addressed to Necescity.com and sent to the contact details set out in paragraph 17 below. Where written cancellation is received by us not less than 14 days prior to the scheduled date of the first distribution of the relevant email, pulsit or newsletter (or, if relevant, appearance on the site), 50% of the package price shall be payable. In the case of all other cancellations, the full package price will be charged. (v) All local and overseas bank charges are to be paid by the remitter.
5. Site and pulsit content
Localiiz.com (HK) Limited has the right and option to approve, in its absolute discretion, the content of any information or material on the site or in any email, pulsit or newsletter (including, but not limited to, information, pictures, logos, videos or links) that you or any other person on your behalf submits for inclusion on the site or in any email, pulsit or newsletter. If we, in our absolute discretion, determine that any of content submitted for inclusion on the site or in any email, pulsit or newsletter (i) does not meet our content standards from time to time, or (ii) contains any false, misleading or inappropriate information, or any illegal information or defamatory or harmful statement, or any vulgar, abusive, obscene of pornographic items or materials, or (iii) infringes any copyrights, trademarks, privacy rights, moral rights, trade secrets, patents or any other rights or any person, we may remove or amend all and any of such content at any time as we in our sole discretion think fit. The inclusion of any content on the site or in any email, pulsit or newsletter does not signify, and shall not be deemed to signify, our approval or the waiver of any of our rights to object to any content at any time. You agree that we may use all or any of the content, information or materials submitted to, or uploaded onto, the site or in any email, pulsit or newsletter by you or on your behalf in any manner we may, in our sole discretion, consider fit on the site, and on any related site, Facebook page, Twitter account, email, pulsit, newsletter, promotional materials or any other means of media or communication that relates to Necescity.com and for the purposes relating to Necescity.com.
6. Opens, clicks, Impressions and analytics
Localiiz.com (HK) Limited does not guarantee any given amount of traffic or open or click-through rate unless a separate and specific open/click-through rate or impression guarantee has been executed in writing between us. We may, in our discretion, track open/click-through rates and impressions and we may provide you with periodical reports on this information or any other analytics relating to Necescity.com, provided that (i) all intellectual property rights or other ownership rights in or relating to such information shall belong to Localiiz.com (HK) Limited, and you acknowledge that you have no ownership rights or rights to use any of the same or any further right to compensation in respect of the same other than as expressly set out in these Terms and Conditions, and (ii) you shall treat any such information provided to you as confidential and shall only use it for your internal business and marketing information and planning, and you shall not disclose it to third parties without our prior written consent.
7. Early termination rights
We reserve the right to terminate your contract with us at any time with immediate effect if we consider that displaying or disseminating or continuing to display or disseminate your content (or any part of it) on the site or in any email, pulsit or newsletter will, or may be considered to be, detrimental to Necescity.com or to any of our business customers or viewers. If we exercise our rights under this paragraph, we will notify you in writing and will return to you any prepaid contract fee, or a proportion thereof that relates to the period after termination. In such event, you will not have any claim against us for any damages or any other remedies, whether in law or in equity, other than in relation to the return of the unused portion of the contract fee.
8. Contract fees
In consideration of providing you with the services set out in your specific Contract Schedule, you agree to pay us the fees set out in your Contract Schedule in accordance with the terms set out therein. We reserve the right to charge interest on any amounts unpaid at the prime lending rate of The Hongkong and Shanghai Banking Corporation Limited from time to time, and to recover from you any costs and expenses (including attorney’s fees) that we may reasonably incur in pursuing you for collection of unpaid amounts. We reserve the right to terminate your agreement at any time with immediate effect by giving written notice to you if any amounts remain unpaid for more than 7 calendar days and/or to suspend services to you until all unpaid amounts are paid up-to-date. We reserve the right to change our pricing at any time. Any change of pricing will not affect any existing contract with you at the time of the change of pricing is announced. We reserve the right to offer different pricing and/or terms and conditions to any of our customers, and shall be under no obligation to offer any other customers similar pricing and/or terms and conditions.
9. Representations and warranties
You represent and warrant to us that the content of any information or material that you submit to or upload onto the site or displayed or disseminated in any email, pulsit or newsletter (including, but not limited to, information, pictures, logos, videos or links) does not (i) contain any false, misleading or inappropriate information, or any illegal information or defamatory or harmful statement, or any vulgar, abusive, obscene of pornographic items or materials, or (ii) infringe any copyrights, trademarks, privacy rights, moral rights, trade secrets, patents or any other rights or any person, we may remove or amend all and any of such content at any time as we in our sole discretion think fit. This representation and warranty is given and repeated by you on each occasion that information or material is submitted to or uploaded onto the site or displayed or disseminated in any email, pulsit or newsletter, and by reference to the facts and circumstances prevailing at the relevant time.
You agree to indemnify and hold us harmless from and against all claims, actions, losses liabilities, costs and expenses (including, but not limited to attorney’s costs and expenses) suffered or incurred by us that may arise, directly or indirectly, out of or from the submission of, or uploading onto the site of or displayed or disseminated in any email, pulsit or newsletter, of any content, information or materials by you or on your behalf.
11. Limitation of Liability
Neither Localiiz.com (HK) Limited nor of our affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering Necescity.com is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, Necescity.com or the operation of the Necescity.com or failure of Necescity.com to operate. In no event shall Localiiz.com (HK) Limited be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if we have been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from Necescity.com. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and the parties acknowledge that Localiiz.com (HK) Limited would not grant access to or us of Necescity.com without your agreement to this term.
12. Intellectual Property
You should assume that everything you see or read on Necescity.com or in any email, pulsit or newsletter produced by Necescity.com is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in these Terms and Conditions or with the written permission of Localiiz.com (HK) Limited. Nothing posted on Necescity.com grants a license to, or to use any of, our trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.
13. Emailing service
Necescity.com may provide users of the site and/or viewers and subscribers of any email, pulsit or newsletter with the ability to email you and other third party retailers and service providers. If emails are sent through Necescity.com, and Localiiz reserves the right to monitor emails and not to forward them to you or other relevant third party retailers and service providers if, in our reasonable opinion, we consider that the content of the emails or any attachment, or any part or parts thereof, contain any obscenities or other content that is not related to a bona fide business enquiry or for any other reason that we in our discretion may decide. We are not responsible for the timing or content of any replies from third party retailers and service providers. We cannot guarantee that attachments to emails sent to or by third party retailers and service providers are virus-free or compatible with your systems or systems of users and does not accept any liability in respect of viruses or computer problems experienced.
14. Changes to these Terms and Conditions
Localiiz.com (HK) Limited has the discretion to update these Terms and Conditions at any time. When we do, we will post a notification on the Business Term and Conditions page on Necescity.com, and revise the updated date at the bottom of that page. The amendments will take effect on the next renewal date of your contract with us, if applicable, but will not affect any contact existing at the time of the change of the Terms and Conditions. We encourage you to frequently check the relevant page for any changes, and you acknowledge and agree that it is your responsibility to review the Business Term and Conditions page on Necescity.com periodically and become aware of modifications.
15. Entire agreement
These Terms and Conditions together with your Contract Schedule constitute the entire agreement and understanding between you and us in relation to Necescity.com and the submission and display of content relating to your business on the site or in any email, pulsit or newsletter produced by Necescity.com, and supersedes all previous agreements, understandings and undertakings in such respect and all obligations implied by law to the extent that they conflict with the express provisions of these Terms and Conditions. No other statements or representations, whether written, or otherwise, by or on behalf of Localiiz.com (HK) Limited are incorporated into the terms of your contract unless expressly set out in the Contract Schedule.
16. Governing Law
These Terms and Conditions and any disputes relating thereto shall be governed in all respects by the laws of the Hong Kong. Any dispute relating to these Terms and Conditions and your Contract Schedule shall be resolved solely in the courts of Hong Kong.
17. Contacting us
If you have any questions about these Terms and Conditions, the practices of Necescity.com or your dealings with Necescity.com, please contact us at:
c/o Localiiz.com (HK) Limited
3/F, 6 Tank Lane, Sheung Wan, Hong Kong
+852 2559 5626