Terms & Conditions
Luxify provides an online platform on which you can bid, negotiate and conclude transactions for luxury products listed on the Luxify websites (www.luxify.com, www.luxifyit.com, www.luxify.com, www.luxify.hk) (the "Website"), subject to these terms and conditions. The Website publishes information on products, adverts, links and content supplied by registered sellers and/or Luxify (the "Material"). All transactions take place directly between the seller and buyer and Luxify does not possess any listed products and does not process payments between the seller and buyer.
These terms and conditions, including any amendments to these terms and conditions and Luxify policies are the "Terms" relating to your use of the services accessed through www.luxify.com (the "Website"), an online platform operated by Luxify Ltd and a Hong Kong company registered at Level 9, Core C, Cyperport 3, 100 Cyberport Road, Hong Kong ("Luxify", "us", "our" or "we"). These terms and conditions govern your use of the Website and at no point is or does Luxify become a party to any transaction between a buyer and seller. If you do not agree with these Terms you should not continue to use or access the Luxify website.
Luxify Services And Fees
Luxify does not charge buyers to access the services or use the Website. All listed products on the Website are listed exclusive or government and/ or statutory charges, unless otherwise stated. Luxify makes the following services available to sellers and Luxify reserves the right to outsource part or all of these services to third parties:
Listing products on the Website
In exchange for a listing fee sellers may list luxury products on the Website, together with product details (including a current photograph of the product that has not been digitally altered, contain watermarks, include people and is in jpeg format) and the conditions of sale for the buyer.
Sellers will be charged a joining fee after their registration to become a dealer is approved. This joining fee will only have to be paid when the first listing is submitted
Once an application has been submitted it cannot be cancelled by the seller; however listing details may be removed at any time after publication. In such circumstances all listing fees remain payable to Luxify and will not be refunded to the seller. You accept and agree that Luxify's acceptance of your product for listing on the Website does not guarantee that your product will be sold through the Website or any of its services.
Luxify reserves the right not to publish products submitted by sellers on the Website for any reason, including if it does not believe the products to suit the brand image. In such events, Luxify will refund the seller the listing fee on confirmation that the product will not be listed on the Website.
Luxify offers bespoke services to sellers assisting them with the conclusion of transactions, including but not limited to, marketing, photography, consultancy and other such services. Marketing fees will be agreed between Luxify and the seller on an individual basis. You accept and agree that use of the marketing services does not guarantee that your product will be sold by Luxify or through the Website or any of its services.
Luxify will not consider you a private dealer if you: (i) are a licensed dealer; (ii) are an agent advertising a product for the owner; or (iii) advertise for sale more than 10 products in any single category within a 12 month period.
If Luxify believes you are abusing the services or exposing or potentially exposing Luxify to any legal risk, not acting in good faith or otherwise acting in breach of these Terms Luxify shall, at its sole discretion, suspend or terminate all or part of your account or your access to the services, without prior notice.
Through the Website Luxify offers sellers and buyers the opportunity to communicate with one another through the online platform, whether by private or public messaging. Luxify recommends buyers obtain as much information as much information as possible about products prior to transacting with sellers.
Use Of The Luxify Website
Use of the Luxify Website and services offered by Luxify are only available to persons who are capable of forming legally binding contracts under applicable law, for the avoidance of doubt our Services are not available to minors. You represent and warrant that you are over 18 years of age and are capable of forming legally binding contracts.
Use of the Website will give you the opportunity to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect and post Material. Material includes videos, photographs, images, comments, other materials and information, including associated trade marks and copyrightable works and other such materials (the "Content"). Luxify reserves the right to remove or amend any Content without notifying or explaining its reasoning for doing so.
Luxify does not control or the Content posted on the Website and does not guarantee the accuracy, completeness or quality of the Content. When accessing the services and using the Website you will not: (i) violate any laws, third party rights (including but not limited to intellectual property rights) or these Terms; (ii) upload, post, submit or transmit any misleading, deceptive, false, inaccurate, defamatory, infringing, obscene, indecent or unlawful information; (iii) defraud Luxify or users of the Website and services; (iv) transmit spam, junk mail, surveys or other forms of mass messaging to other users.
You are responsible for making any relevant searches, enquiries and investigations in relation to any listed product, including but not limited to in respect of any register write off or register security interest regarding vehicles.
Sellers will not list products that they do not have legitimate rights to sell or export or products that infringe third party rights and agree not to include an offer or referral to any services when listing products (e.g. finance services). You shall not complete transactions for products listed on the Website independently to the Website; impersonate third parties with the intent of misleading, confusing or deceiving others; misuse or disrupt the Website by knowingly or negligently introducing viruses, Trojans, worms, logic bombs or other malicious or harmful materials to the Website; modify, copy, distribute, display, reproduce, publish or licence any Material.
You grant Luxify a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and sub-licensable right to your Content and you waive your moral rights in your Content and as such you agree that Lucify may republish your product information on other websites, search engines, applications, print or other media as Luxify may determine from time to time in its absolute discretion. It is your sole responsibility to pay any and all royalties owed to any person or entity resulting from your Content on the Website.
Registration is available to all Luxify users; however, all sellers are required to register a Luxify account in order to list products. If you choose to become a Luxify member additional products and services may be made available to you. You may use your social media account to register a Luxify account; however if you choose to do so authorise Luxify to access and obtain data stored about you on the social media platform.
By registering an account you agree to (i) provide true, accurate and complete personally identifiable information about yourself; (ii) provide true, accurate and complete information about your Content; and (iii) maintain and update your personal information.
In order to complete the registration process you must provide Luxify with a username, password and email address. You must not transfer or provide third-parties with your Luxify account details. You are responsible for maintaining the security and confidentiality of your username and password and will be held personally responsible for any and all activities conducted through your account.
You will immediately notify Luxify of any unauthorised use of your account or any other breach of security that you become aware of.
Disputes And Refunds
All transactions are concluded directly between the seller and buyer on the terms stipulated by the seller or as agreed between the parties and as such Luxify is not a party to the transaction and does not offer refunds. Buyers will only be entitled to a refund where private sellers have created their own refund policy.
Sellers and buyers are responsible for ensuring that they have agreed to, and specified, all relevant conditions of sale and specifications for the listed products set out by the sellers, including but not limited to specifications on pricing, specifications, quantity, quality standards, inspection, shipping etc.
Luxify is under no obligation to become involved in disputes between users, or between users and third parties. Including, but not limited to, in respect of delivery of goods or any other terms, conditions, warranties or representations associated with the product listed on the Website or intellectual property rights. However, Luxify may facilitate the resolution of disputes between users or between users and third parties but is under no obligation to assist with or resolve any such disputes.
You agree not to hold Luxify responsible for any claims or damages of any kind, whether known or known, suspected or disclosed arising out of or connected to any dispute between users or with a third party.
Luxify's Liability To You
Luxify does not provide any warranty in relation to the quality or fitness for purpose of the products advertised on the Website or endorse the reliability, accuracy or completeness of any Material published on the Website or through links published on the Website. All Content you access through the Website and services is at your own risk, it is your responsibility to seek independent advice and valuations where you view this to be necessary or appropriate with regards to your use of the services and Website.
These Terms do not intend to limit or exclude liability for death or personal injury caused by the negligence or fraudulent misrepresentation of Luxify, its employees or agents and nothing is intended to affect your statutory rights.
Luxify shall not be liable for any special, exemplary, direct, indirect, punitive, incidental or consequential damages of any kind, whether based in contract, tort (including negligence) or otherwise or are in any way connected with these Terms, use of the services, a failure or delay or any actions or inactions of a user.
Notwithstanding the above, Luxify will only be liable for losses which are reasonably foreseeable consequences of a breach of these Terms by Luxify, up to an aggregate liability, for all claims arising from the use of the Website or services during any calendar year of the greater of (a) the amount of fees the user has paid to Luxify during the calendar year or (b) USD 500. All claims arising from the use of the Website or services must be filed within one year from the date the action arose.
This clause will survive the expiration or termination of this agreement.
Your Liability To Luxify
You represent and warrant the accuracy and truthfulness of all information and Content provided by you (including but not limited to contact details) and submitted by you on the Website. You are solely responsible for any resulting damage or loss to any party who places reliance on any information or Content provided by you and warrant that the Content you submit does not contain third-party copyrighted material or material that is subject to other third-party proprietary rights unless you have been granted the relevant permissions from the owner of the material.
You represent and warrant that the use or other exploitation of the Content submitted by you will not infringe or violate the rights of any third-party, including but not limited to privacy rights, publicity rights, copyrights, contract rights or any other intellectual property rights.
You represent and warrant that your use of the Website and services will comply with the terms and conditions set out in these Terms and any other requirements or directions issued by Luxify from time to time.
You represent and warrant that where Luxify allows you to email friends details of a product, the person to whom the email is addressed has consented to the email being sent and indemnify Luxify against all actions, claims and demands arising out of or in respect of sending the email.
If you are a seller, you also represent and warrant that you are the owner of all products listed by you and that you have authority to sell such products and you have authority to grant the licence detailed in clause 2 of these Terms.
You agree to indemnify Luxify and any Luxify users against any loss incurred as a result of any unauthorised use of your account or password.
You agree to indemnify Luxify against claims, causes of action and damages arising from the removal of a product listing pursuant to intellectual property infringement claims.
You agree to indemnify Luxify from and against any and all losses, damages, claims, liabilities (including any legal costs or other costs) which may arise directly or indirectly from any breach of these Terms, your use of the services or Website or any claim made by another user against you or Luxify as a result of your actions or omissions.
These Terms supersede all prior understanding between you and Luxify. To the extent of any inconsistency between these Terms and any additional terms regarding bespoke services, the terms of the bespoke services will apply.
You may cancel your account at any time, if you choose to do so you agree that Luxify are entitled to recover the cost of any services provided to the point of cancellation and your information will be retained in accordance with the Privacy Statement. Luxify reserves the right to cancel any unconfirmed or inactive accounts at any time, without providing further notice.
These Terms do not create or intend to create an agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Luxify.
Luxify may assign or transfer its rights and obligations under these Terms without your prior consent, provided such assignment or transfer is on the same Terms to the relevant third party.
If any part of these Terms is deemed unlawful, void, voidable or is otherwise unenforceable the relevant part of these Terms shall be severed from the Terms and rendered ineffective without modifying the remaining Terms or affecting the validity or enforcement of these Terms.
Any failure or delay on the part of Luxify to enforce a right or provision under these Terms shall not be deemed to be a waiver of such right.
Luxify will not be held responsible for any delay, failure or disruption of the services resulting directly or indirectly from an act of nature or cause beyond Luxify's reasonable control.
These Terms are governed by the laws of laws of Hong Kong SAR.
If you have a complaint about Luxify, we recommend that you contact us at [email protected] before taking further action in the hope that we can resolve the dispute fairly and amicably. If we are unable to reach a resolution you agree to submit to the exclusive jurisdiction of the courts of Hong Kong who will have exclusive jurisdiction to settle any dispute or claim arising under these Terms.