1.1 Unless otherwise expressly specified in writing, Asiaimportal (HK) Limited (hereinafter referred to as “the Company”), herein trading under the name of “Compliance Gate”, any offer made by the Company to a particular client or to the world at large, any services offered and provided, any content provided by the Company either on its website, www.compliancegate.com, hereinafter referred to as “the Website” or elsewhere, whether paid for or free of charge, and any resulting contractual relationships between the Company and anyone who issues instructions as stipulated in sections 2.2 (hereinafter referred to as “the Client”) shall be governed by the following conditions of service (hereinafter referred to as “the Terms of Service”).
2. License to Use the Website
2.1 The Company gives permission to the User and the Client to, exclusively for their personal use, freely browse the Website, view, download or print any contents of it, inclusive of, but not limited to, any documents available free of charge, such as free of charge newsletter, E-books or templates.
2.2 Unless the Client issues written instructions to the Company to state to the contrary, no other party is entitled to issue instructions to the Company on behalf of the Client.
In this Agreement the following words shall have the following meanings:
The “Company”/”We”/”Us”: Asiaimportal (HK) Limited, a company established under the laws of Hong Kong, its owners, partners, employees, and affiliates.
The “User”/”you”/”your”/”yours”: Anybody who visits the website belonging to the Company, https://www.compliancegate.com, downloads its contents, contacts the Company via the contact form, the chat embedded on the Website or over the phone, or performs any other action that the Company deems as exclusively informative.
The “Client”/”you”/”your”/”yours”: Anybody who makes any purchase, payment to or contracts a Service with the Company (or makes any purchase, payment to or contracts a service with agencies or consultants according to clause 4.1 of this agreement).
The “Agreement”: the current version of these Terms of Service.
4. Provision of services
4.1 The Company specializes in providing information concerning product compliance. All information is delivered to the Client via e-mail and PDF files.
4.2 Any services provided by the Company (hereinafter referred to as “the Services”/”the Service”), whether paid for or free of charge, the nature of which is exclusively informative, are inclusive of, but not limited to: researching applicable product regulations, labeling requirements, documentation requirements, conducting general research and gathering information concerning product compliance.
Also, the Company provides a service of matching Users/Clients with relevant agencies and consultants (from now on also called third party service providers).
In this case, the Company only connects the two parties, and receives a commission in return (from the service provider). The service (if any) is delivered by the third party service provider (i.e., agency or consultant).
In this case, the specific payment and order terms are decided by the service provider and the User/Client.
4.3 The information provided as a service by the Company to the Client is derived from the results of research the Company performs using third party sources, whether online or physical. The Company shall not be held liable for any information that is incorrect or deemed to be incorrect, as further stipulated in section 10.
4.4 The Company will put its best endeavors to provide the services using reasonable care and skill and will do so in accordance with the express and specific instructions of the Client and standard commercial practices of the Company.
4.5 The Company may perform the services for or on behalf of legal persons, such as, but with no limitation to, private individuals and entities (hereinafter referred to as the “Client”), whether private, public or governmental, who issue instructions to the Company.
4.6 The Company reserves the right to delegate the performance of all or part of its services to an agent or subcontractor at any time and the Client hereby authorities the Company to disclose all information necessary for the performance of such services to such agent or subcontractor.
4.7 The Client shall not share any files or other information with Us, that the Client does not want to be shared with third party service providers. We do not offer any sort of insurance or compensation for losses due to Intellectual Property (IP) theft.
4.8 The Company reserves the right to add the email address, provided by the Client at the moment of payment, to a “client mailing list”. The only purpose of this mailing list is to send a feedback request or satisfaction survey to the Client. Response to the feedback or survey by the Client is discretionary.
5. Discount vouchers and coupon codes
5.1 The Client (or User) may occasionally receive discount vouchers or coupon codes from Us. These discount vouchers or coupon codes may occasionally be used against purchasing services from a third party service provider.
5.2 The Client (or User) understands and agrees that a discount voucher or coupon code might not be accepted by the relevant third party service provider. The Company does not take any responsibility nor shall be held liable should such a discount voucher or coupon code not be accepted.
6. Obligations of the Company
6.1 The Company reserves the right to accept or decline any request for any services, as the Company deems appropriate according to its general business practices.
6.2 Along with the above the Company shall not be compelled to agree to perform any service, accept a request or reply to an offer. The company shall not be held liable for rejecting to perform any of the above, whether or not it falls out of the scope of the activities generally performed by the Company.
6.3 The Company will put its best endeavors to provide the Client with the requested service, in a professional and timely manner, as long as such service is deemed appropriate by the Company and has been accepted by the Company prior to the commencement of the service performance, as per section 4.
7. Obligations of the Client
7.1 The Client undertakes to provide the Company with sufficient instructions and, if necessary, any type of information or documents, or access to such materials, that is required for the Company to perform the service. This obligation is extended throughout the duration of the service performance until the full completion of the service by the Company.
7.2 Along with the above, the Client undertakes to provide the Company with any documents that reﬂect the Client’s engagement with any third parties should such parties act as an agent or a subcontractor of the Client.
8.1 Payment for services provided by the Company:
8.1.1 All payments for any Consulting Services are to be made using the payment method specified on the Website, which might be, but is not limited to, PayPal, Bank transfer, debit or credit card. The price of each Consulting Service may vary according to the particular needs of the Client. Before the Service is purchased the Client will be informed of the price of the Consulting Service they are willing to purchase.
8.1.2 The Client undertakes to make the full payment for Consulting Services prior to the commencement of the service performance, upon booking the Service.
8.2 Payment for services provided by third party service providers (referred by the Company):
8.2.1 According to your needs, the Company may connect you with a third party service provider, and receives a commission in return (from the service provider). In this case, the service (if any) is delivered by the third party service provider (i.e., agency or consultant); and the specific payment and order terms are decided by the service provider and the Client.
9. Cancellation and Refunds
9.1 Cancellation and Refunds for services provided by the Company:
9.1.1 Subsequently unused or allegedly incorrect information, unused consulting service or any other element of any of the Consulting Services or any other service provided and delivered to the Client by the Company shall not be subject to any refund. The Company shall not refund any fees made in respect of the Consulting Services after the payment has been made to the Company, unless the Company fails to deliver the Service.
9.1.2 The specified delivery deadline may be postponed in case the Client provided insufficient information regarding a product, market, or any other related information.
9.1.3 The specified delivery deadline may be postponed in case the Company requests additional information regarding a product, market, or any other related information.
9.1.4 The specified delivery deadline may be postponed in case government organizations, test laboratories or other third party companies don’t deliver all the required information on time to the Company.
9.2 Cancellation and Refunds for services provided by third party service providers (referred by the Company):
9.2.1 If the Client purchased a service from a third party service provided referred by the Company, it must abide by the terms of service of the third party service provider (and discuss any cancellation or refund with them).
In the case the third party service provider agrees to refund the Client and the Company has previously received a commission for such a service (for referring the third party service provider), the Company will also refund its commission to the Client (as long as a written notice is delivered by email to the Company within 3 months from the payment date of the commission). Such a refund shall be exclusive of any bank or Paypal fees due for the transaction.
10. Limitation of Liability and Indemnification
10.1 The Company is an entity providing services of exclusively informative nature. The Company shall not be held liable at any time for any information that is or is deemed to be, false, incorrect, erroneous, misleading, ambiguous, incomplete, outdated or modified.
10.2 The Company performs the services using third party sources and services, including, but without limitation to data provided online. The Company shall not be held liable for any incorrect information which is provided by any third party company, their affiliate or any of their sources, whether direct or indirect, or any incorrect, erroneous, incomplete, misleading, ambiguous or outdated verification provided to the Company by any third party.
10.3 The Company is neither an insurer nor a guarantor and does not intend to provide services in such capacity at any time and therefore disclaims all liability in such capacity. It is a sole responsibility of the Client seeking a guarantee to obtain insurance the Client deems appropriate with a third party of their choice, should the Client wish to ensure more protection. The Company shall not be held liable for any loss or damage resulting from the Client failing to obtain appropriate insurance. The Company does not have any related entities providing insurance coverage and shall not be expected to provide such service at any time. The Company shall not be held liable for any type of information provided by third party insurers.
10.4 The services provided by the Company shall be distinguished from any other service the Client seeks from any third parties. The Company is not an agent of any third party service provider and shall not be held liable for any loss, damage, injury or death resulting from any such supplier providing the Client with defective, inadequate, incomplete, poor quality or otherwise unsatisfactory goods, service or information. The Company also disclaims all liability in cases where any third party service provider fails to provide the Client with any ordered goods, services or information or otherwise acts in bad faith. This liability disclaimer extends to cases where the Client chooses to rely upon the information provided by the Company.
10.5 The Company provides information on product certification requirements, labeling requirements, product safety standards and other topics related to the general procurement and due diligence process. All this information is frequently subject to changes and interpretation by the Company.
Also, certification requirements, labeling requirements, safety standards, and customs procedures are often subject to interpretation by the relevant authorities. Thus, the Company shall not be held liable for any incorrect, erroneous, misleading, ambiguous, incomplete, outdated or modified requirements.
10.6 The Client acknowledges that compliance requirements are often ambiguous and subject to interpretation by local courts, custom officials, and/or other relevant authorities, and do not represent, in any case, an insurance that the goods will be deemed compliant and/or accepted into the country where the Client intends to import (or export) the goods.
10.7 The Company might recommend a third party service provider to the Client. Under any circumstances, this information should be fully relied upon by the Client while engaging in any business relationship with the third party service provider. Further, the Company doesn’t offer any kind of insurance or compensation, due to losses caused by a third party service providers or any other party that may be involved in the business process.
10.8 The Company offers online customer support to the Client. This online customer support forms part of the exclusively informative services and should be regarded as such. At no time shall the Company be held liable for any advice or suggestion it provides to the Client resulting in any loss or damage. The Client shall be solely responsible for the manner it employs the advice given into their business activities and practices.
10.9 The opinions expressed on the Website and its contents, such as, but without limitation to, downloadable documents, newsletter and reports provided by the Company to you, is exclusively informative. These contents are not indication of any facts, Users or Clients and shall not be regarded as such. Along with that, regardless of the Company’s best endeavors to keep the Website up to date, the Company does not warrant that the contents of the Website and information available is comprehensive and updated. The User / Client shall be solely responsible for their actions and results arising out of these actions, such as, but not limited to, any type of damage, loss, injury, civil or criminal liability.
10.10 The Company offers the Client (and the User that subscribe to our newsletter) downloadable files that the Company authorizes you to copy, adapt and modify according to your commercial needs, as set forth in clause 11.2. These files are template documents, which the Company offers to you when you use our paid Services. You shall be solely responsible for any loss, damage or dissatisfaction arising out of the usage of these template documents, as the Company disclaims all liability. You hereby agree and by downloading such files you understand that the templates are mere examples of documentation which might assist you with the conduct of your business. The Company discourages you to use these templates without any modifications made by you or your legal representative in order to adapt to your commercial activities, and disclaims all liability with regard to the legality and validity of them in the legal system of which rules you adhere to. You hereby agree that you will hold the Company harmless at any time with relation to these documents as at no time shall the Company be held liable or asked for compensation, for any conflict, misunderstanding or dispute arising between two or more parties using any template document provided by the Company.
10.11 The pages of the Website and its aforementioned contents might contain hyperlinks redirecting the User/ Client to third party websites. The purpose of these links is to guarantee more comprehensive guidance to the User / Client. Notwithstanding that, these third party websites are not by any means controlled by the Company, that shall bear no responsibility or be held liable for the content provided on and activities occurring at these sites. You shall use third party website information, resources or paid-for content at your own risk and be solely responsible for any loss or damage arising out of these actions, as the Company disclaims all liability.
10.12 The Client shall guarantee, hold harmless and indemnify the Company and its ofﬁcers, employees, agents or subcontractors against all claims (actual or threatened) by any third party for loss, damage or expense of whatsoever nature including all legal expenses and related costs and howsoever arising relating to the performance, purported performance or non-performance, of any Services.
11. Intellectual Property
11.1 The contents of the Website and the downloadable ﬁles provided thereon are protected by international copyright (www.DMCA.com). The User shall, at no time, republish, copy, adapt, create derivative works from or otherwise distribute the contents of the Website, the underlying source code or any elements of the design, unless it is otherwise, expressly and in writing, authorized by the Company, which reserves all rights to the Website and its contents.
11.2 The Company hereby expressly authorizes the Client to download, copy and adapt any template agreement that is offered free of charge on the Website in order to provide you with a better quality service. The Company shall not be held liable for any loss or damage arising out of usage of such agreement, as set forth in clause 10.10.
11.3 The User/Client shall refrain from any unauthorized use of the Website, copying of the content, infringing trademarks and any other intellectual property rights.
12.1 The User/Client who experiences a problem with the Service provided by the Company should raise the matter directly to the Company via the form of contact provided at the Website.
12.2 The Company will put its best endeavors, but is at no time obliged to, resolve the matter in question to the satisfaction of the User/Client.
14. Choice of Law, Jurisdiction and Dispute Resolution
14.1 The Agreement is construed and shall be governed by the Law of Hong Kong. Disputes between the parties arising out of the Agreement or in connection to the Services shall be submitted to the exclusive jurisdiction of the courts of Hong Kong.
14.2 In the event of any claim, immediate notice must be given to the Company (via the contact form or by email) within seven (7) working days following the discovery of the facts or within thirty days as per date of delivery of the Report.
15. Modifications of the Agreement
The Agreement is subject to modification and review at any time. In case of any discrepancies with any other or past versions of the Agreement, the current version, publicly available on the Website, shall prevail.
Last Modification and Review: 7 October 2019