Terms of use

Welcome to the user agreement (the "Agreement" or "Terms of Use") for jupyeah.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.jupyeah.com (the “Site”) and all services offered by JupYeah Association ("JupYeah").

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are givers, takers, contributors of content, information and other materials or services on the Site. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of the Site. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages referred to in this document, as they may contain further terms and conditions that apply to you as a jupyeah.com user.

1. 1. JupYeah is a Venue

   1.1 JupYeah acts as a venue for users who comply with JupYeah’s policies to provide and take goods without monetary transactions involved. JupYeah is not directly involved in the transaction between givers and takers. As a result, JupYeah has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of givers to provide items or the ability of takers to receive items. JupYeah will pre-screen users or the content or information provided by users but cannot ensure that a taker or giver will actually complete a transaction. Consequently, JupYeah does not transfer legal ownership of items from the giver to the taker.

   1.2 JupYeah may use many techniques to verify the accuracy of the personal information provided by users when they register on the Site but cannot guarantee the true identity, age, and nationality of a user. JupYeah encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

   1.3 You agree that JupYeah is a venue and as such is not responsible or liable for any content, for example data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on JupYeah. You use the JupYeah service at your own risk.

   1.4 In the event that you have a dispute with one or more users, you release JupYeah (and our staff, subcontractors and all affiliated parties) from claims for your demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed.

   1.5 We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe exchange when using the Site. Please note that there are also risks of dealing with underaged persons or people acting under false pretense. By using this Site, you agree to accept such risks and jupyeah.com is not responsible for the acts or omissions of users on the Site.

   1.6 Jupyeah.com reserves the right to monitor and edit, modify or delete any materials which JupYeah in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any jupyeah.com policy, either written or unwritten. Jupyeah.com further reserves the right to use posted materials for its own purposes for marketing, communication, advertising, or any other purpose at the sole discretion of JupYeah. You agree not to use jupyeah.com for the posting of any material that is illegal, threatening, sexually explicit, pornographic, obscene, infringing on intellectual property rights, injurious to third parties, defamatory, or otherwise objectionable.

2. 2. Membership Eligibility

   2.1 JupYeah's services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. You represent and warrant that all registration information you submit is accurate and truthful. JupYeah may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use JupYeah's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this case, the adult is the user and is responsible for any and all activities.

   2.2 No individual should have more than one single account at any time. JupYeah has the right to limit an individual to one account when it deems it necessary to protect its users from fraud, or the risk of fraud.

   2.3. Accounts must be registered only by the individual seeking membership. Registration of accounts in a name other than the registrant's, fictitious or real, is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. JupYeah prosecutes fraud to the fullest extent of the law.

   2.4 You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by JupYeah's policies as stated in the Agreement and on any pages published on this Site (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by JupYeah, each of which is incorporated herein by reference and each of which may be updated by JupYeah from time to time without notice to you.

   In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by JupYeah from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

   2.5 Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify JupYeah of any unauthorised use of your password or any breach of security. You also agree that JupYeah cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than JupYeah without JupYeah's express written permission.

   2.6 You must keep your account information up-to-date and accurate at all times, including a valid email address. To give and take items on JupYeah you must provide and maintain authentic personal information such as valid phone number and email address.

   2.7 You may not transfer or sell your JupYeah account and User ID to another party.

   2.8 JupYeah's services are not available to temporarily or indefinitely suspended JupYeah members. JupYeah reserves the right, in JupYeah's sole discretion, to cancel unconfirmed or inactive accounts. JupYeah reserves the right to refuse service to anyone, for any reason, at any time.

3. 3. Services

   3.1 Joining JupYeah is free. Changes to the Terms of Use and JupYeah's services are effective after JupYeah provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, JupYeah may choose to temporarily change the Terms of Use and JupYeah's services for promotional events (for example, pop-up swaps); such changes are effective when JupYeah posts the temporary promotional event on the Site. JupYeah may, at JupYeah's sole discretion, change some or all of JupYeah's services at any time.

   3.2 JupYeah may terminate a listing or your account at JupYeah’s sole discretion at any time. If you have a question or wish to dispute such termination, contact JupYeah.

4. 4. Listing

   4.1 By listing an item on the Site you warrant that you and all aspects of the item comply with JupYeah's published policies. You also warrant that you may legally transfer the ownership of the item. You must accurately describe your item and all terms of transactions in your JupYeah page. Your listings may only include text descriptions, graphics, pictures and other content relevant to the offering of that item. All items must be listed in an appropriate category with appropriate tags.

   4.2 You agree all items posted and shipped are legal and do not infringe any intellectual property rights, including but not limited to copyrights, trademarks, and patents. Your listings may only include text descriptions and other content relevant to the condition and nature of the item you are offering.

   4.3 All givers are urged to outline transaction policies for their JupYeah page. These policies may include, for example, preferred pickup or delivery method and requested postage charge. Givers must create reasonable policies in good faith and must abide by such policies. All page policies must comply with JupYeah's site-wide policies. Givers are responsible for enforcing their own reasonable page policies. JupYeah reserves the right to request that a giver modify a page policy.

   4.4 All transactions are binding. The giver is obligated to ship or deliver in person the order or otherwise complete the transaction with the taker in a prompt manner, unless there is an exceptional circumstance, such as: (a) the taker fails to meet the terms of the giver's listing (such as preferred delivery method), or (b) the giver cannot authenticate the taker's identity.

5. 5. Prohibited, Questionable and Infringing Items and Activities

   5.1 You are solely responsible for your conduct and activities on and regarding to JupYeah and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on JupYeah.

   5.2 Your Content and your use of JupYeah shall not:

   1. Be false, inaccurate or misleading
   2. Be fraudulent or involve the transaction of illegal, counterfeit or stolen items
   3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
   4. Violate this Agreement, any site policy, or any applicable law, statute, ordinance or regulation (including but not limited to those governing export control, anti-discrimination or false advertising)
   5. Contain items that have been identified by the Hong Kong Consumer Goods Safety Ordinance as hazardous and therefore subject to a recall
   6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including JupYeah staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
   7. Be obscene or contain child pornography
   8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
   9. Post images not part of a listing
   10. Modify, adapt or hack JupYeah or modify another website so as to falsely imply that it is associated with JupYeah;
   11. Appear to create liability for JupYeah or cause JupYeah to lose (in whole or in part) the services of JupYeah's ISPs or other suppliers
   12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on JupYeah.

   Furthermore, you may not list any item on JupYeah (or consummate any transaction that was initiated using JupYeah's service) that could cause JupYeah to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. 6. Content

   6.1 JupYeah does not claim ownership rights in your Content. You grant JupYeah a license solely to enable JupYeah to use any information or Content you supply JupYeah with, so that JupYeah is not violating any rights you might have in that Content. You grant JupYeah a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow JupYeah to store or re-format your Content on JupYeah and display your Content on JupYeah in any way as JupYeah chooses. JupYeah will only use personal information in accordance with JupYeah's Privacy Policy.

   6.2 As part of a transaction, you may obtain personal information, including email address and shipping information, from another JupYeah user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for JupYeah-related communications. JupYeah has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any JupYeah user to your email or physical mail list. For more information, see JupYeah's Privacy Policy.

   6.3 By posting Content on JupYeah, it is possible for an outside website or a third party to re-post that Content. You agree to hold JupYeah harmless for any dispute concerning this use. If you choose to display your own JupYeah-hosted image on another website, the image must provide a link back to its listing page on JupYeah.

   6.4 JupYeah considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items transferred on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and JupYeah shall not be liable for the disclosure or use of such Material. If, at JupYeah's request, any member sends Material to improve the site (for example to website support), JupYeah will also consider that Material to be non-confidential and non-proprietary and JupYeah will not be liable for use or disclosure of the Material. Any communication by you to JupYeah is subject to this Agreement. You hereby grant and agree to grant JupYeah, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

7. 7. Information Control

   7.1 JupYeah will examine but does not control the Content provided by users that is made available on JupYeah. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Please use caution, common sense, and practice safe transaction when using JupYeah.

   7.2 JupYeah is not responsible for the availability of outside websites or resources linked to or referenced on the Site. JupYeah does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that JupYeah shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. 8. Meetings

   8.1 Users may arrange and attend in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with JupYeah's policies and acknowledge and agree to comply with the law of Hong Kong, in which the Meeting occurs. Additional eligibility requirements for a particular Meeting may be set by the group's contact person. JupYeah is not involved with user generated Meetings.

   8.2 JupYeah does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that JupYeah examines but does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

9. 9. Resolution of Disputes and Release

   9.1 In the event a dispute arises between you and JupYeah members, please contact JupYeah.

   9.2 Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Hong Kong. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in Hong Kong. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and JupYeah agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

   Should you have a dispute with one or more users, or an outside party, you release JupYeah (and JupYeah's staff, affiliates and contractors) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. JupYeah encourages users to report user-to-user disputes to the local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

   9.3 JupYeah, for the benefit of users, may try to help users resolve disputes. JupYeah does so in JupYeah's sole discretion, and JupYeah has no obligation to resolve disputes between users or between users and outside parties. To the extent that JupYeah attempts to resolve a dispute, JupYeah will do so in good faith based solely on JupYeah's policies. JupYeah will not make judgments regarding legal issues or claims.

10. 10. JupYeah's Intellectual Property

    JUPYEAH, and other JupYeah graphics, logos, designs, page headers, button icons, scripts, and service names are possessions of JupYeah Association. JupYeah's trademark may not be used, including as part of trademark and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

11. 11. Access and Interference

    JupYeah may contain robot exclusion headers that contain internal rules for software usage. Much of the information on JupYeah is updated on a real-time basis and is proprietary or is licensed to JupYeah by JupYeah's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access JupYeah for any purpose whatsoever, except to the extent expressly permitted by and in compliance with JupYeah's Terms of Use or otherwise without JupYeah's prior express written permission. Additionally, you agree that you will not:

    1. Take any action that imposes, or may impose, in JupYeah's sole discretion, an unreasonable or disproportionately large load on JupYeah's infrastructure
    2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in Guidelines of JupYeah from the Site except to the extent expressly permitted by and in compliance with JupYeah's Terms of Use or otherwise without the prior express written permission of JupYeah and the appropriate third party, as applicable
    3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
    4. Bypass JupYeah's robot exclusion headers or other measures JupYeah may use to prevent or restrict access to JupYeah

12. 12. Breach

    Without limiting any other remedies, JupYeah may, without notice, delay or immediately remove Content, warn JupYeah's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: JupYeah suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, the Guidelines of JupYeah, or other policy documents incorporated herein; JupYeah is unable to verify or authenticate any of your personal information or Content; or JupYeah believes that a user is acting inconsistently with the letter or spirit of JupYeah's policies, has engaged in improper or fraudulent activity in connection with JupYeah or the actions may cause legal liability or financial loss to JupYeah's users or to JupYeah.

13. 13. Privacy

    Except as provided in JupYeah's Privacy Policy JupYeah will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. JupYeah stores and processes Content on computers located in Hong Kong that are protected by physical as well as technological security.

14. 14. No Warranty

    JupYeah, and JupYeah’s staff and JupYeah’s contractors provide JupYeah's web site and services “as is” and without any warranty or condition, expressed, implied or statutory. JupYeah, JupYeah’s staff and JupYeah’s contractors specifically disclaim any implied warranties of title, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from JupYeah shall create any warranty.

15. 15. Liability Limit

    In no event shall JupYeah, and (as applicable) JupYeah’s staff or JupYeah’s contractors be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Site, JupYeah’s services, or this Agreement, including without limitation, bodily injury, emotional distress, or any special, incidental or consequential damages.

16. 16. Indemnity

    You agree to indemnify and hold JupYeah and (as applicable) JupYeah’s affiliates, staff and contractors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

17. 17. No Guarantee

    JupYeah does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside JupYeah's control.

18. 18. Severability

    If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

19. 19. JupYeah Service

    JupYeah reserves the right to modify or terminate the JupYeah service for any reason, without notice, at any time. JupYeah reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If JupYeah makes a material change JupYeah will notify you here, by email, by means of a notice on our home page, or other places JupYeah deems appropriate. What constitutes a "material change" will be determined at JupYeah's sole discretion, in good faith, and using common sense and reasonable judgment.

20. 20. Choice of Law

    This Agreement shall in all respects be interpreted and construed with and by the law of Hong Kong.

21. 21. Notices

    We may amend this Agreement at any time by posting the amended terms on the Site. Except as explicitly stated otherwise, all amended terms and notices shall automatically be effective 30 days after they are initially posted on the Site. Except as explicitly stated otherwise, any notices shall be given to the email address you provide to JupYeah (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

22. 22. Disclosures

    The services hereunder are offered by JupYeah Association.