User's Terms of Service

The TripCan shopping service ——— hereinafter referred to as the "Service"

is a service built and provided by "TripCan HK Co., Limited" ——— hereinafter referred to as "TripCan"

All users of this service ——— hereinafter referred to as the "User"

You should read the following agreement in detail. The following service agreement constitutes an offer

between the user and TripCan ——— hereinafter referred to as "ToS"

When the user completes registration or starts to use the service,

it is deemed that the user has read, understood, and agreed all contents of the following agreed terms


Ⅰ. General membership contract

1.
In addition to the content agreed in this document, TripCan's published specifications, meth ods, policies, handling principles, and related service descriptions, etc., are all part of these terms of service; users must agree and comply with the provisions of this document In addition to the content, they should agree to and abide by the published specifications, methods, policies, handling principles and related service descriptions.
2.
TripCan has the right to modify the agreed content of these terms of service at any time, including modifying the published specifications, methods, policies, handling principles, and related service descriptions; the modified content, unless otherwise specified, shall take effect from the time of announcement. From the effective date, if the user continues to use the service, it is deemed that the user has read, understood, and agrees to all the modified content; if the user does not agree to the modified content, TripCan may be notified to terminate the terms of service and the service, TripCan shall not be liable for any indemnity or compensation to the user.

Ⅱ. General user and registration

1.
The user must be a individual with full capacity or a legally registered entity or group. If the user is a minor, his/her legal guardian should read, understand, and agree to all the agreed content of the terms of service and obtain the consent of his/her legal guardian before using this service. The same rule applies when the terms of service are changed.
2.
The user should complete the registration process and provide relevant documents or information required in the registration process. Users who want to use all the functions of this service should complete user verification according to the method set by this service at the time; those who register as an individual should complete mobile phone verification, and those who register as a legal entity should complete written verification documents.
3.
The user shall guarantee that all the information provided is correct and up to date. The user shall not register by using a third-party information; if the information provided by the user changed afterwards, the user shall update its information immediately. If the user does not provide the information immediately, does not provide the information in the specified manner, the provided information is incorrect or inconsistent with the facts, or does not update the information immediately, TripCan may refuse or suspend the all or part of the service to the user at any time without prior notice. The user shall be responsible for any loss, and shall not demand compensation from TripCan.

Ⅲ. Online trading platform services

1.
This service is only an online trading platform provided by TripCan, which provides a matching platform for commodity transactions between "Buyer" ⸺ “General users” or “users”and"Seller". Any transaction or contract concluded through this service are only between the parties of the "buyer" and the "seller". TripCan is not part of or the subject to such legal acts or contracts, nor TripCan is responsible for such legal acts or contracts. The sales contract, product publication, shopping guarantee and warranty responsibilities related to the sale and purchase are all agreed between the buyer and the seller and have nothing to do with the services provided by TripCan.
2.
The objects, descriptions, and related information published on TripCan, including the advertisements, are provided, uploaded, and published by users themselves, and are automatically published on the website by the system. TripCan could not filter or review the content in advance. For the authenticity, legality, immediacy, etc. of its content, it does not assume any express or implied promise or guarantee from TripCan. However, if the objects, descriptions, or related information posted by the users violate laws, regulations, public order, good customs, infringe on the rights of third parties, or violate the terms of service, TripCan may directly remove them without prior notice. , Make it inaccessible, or take other restrictive measures.
3.
For transactions conducted through this service, both the buyer and the seller are responsible for the negotiation and performance of the transaction. TripCan expresses nor implies no promise or guarantee for the willingness and ability of the buyer and seller to perform the transaction, and the quality, safety and legality of the goods or services they trade. If there is a dispute between the parties to the transaction regarding the negotiation or performance of the transaction, the parties shall coordinate and resolve the dispute by themselves.
4.
When necessary, TripCan may request the user to promptly provide explanations and supporting information regarding the user's registration information, the objects and related information posted by the user, and matters related to the transaction.
5.
For transactions conducted through TripCan, all taxes, fees and costs incurred as a result shall be borne and paid by both parties to the transaction in accordance with relevant laws and regulations or contractual agreements.
6.
For transactions conducted through TripCan, all taxes, fees and costs incurred as a result shall be borne and paid by both parties to the transaction in accordance with relevant laws For transactions conducted through TripCan, if the buyer and seller have cross-border shipments, the tariffs will be borne by the buyer and the seller through their own agreement, and the platform will not participate and charge related fees; all disputes regarding tariffs shall be resolved by the seller and the buyer. The platform will not be responsible for any refusal or undelivered of the shipment in the future; if the buyer and seller need the platform to resolve the dispute, the arbitration result will base on the message logs provided by both parties and corroborating the relevant photos. If either party disagree with the arbitration result, the party should seek dispute resolutions or remedies through legal authority.
7.
If buyers and sellers want to apply for arbitration through the platform dispute resolution, the message logs or documents provided must be logs or documents on the TripCan platform, so that the platform can check and verify the correctness of the documents through the back-end system, and it can be used as the basis for the decision.
8.
For transactions conducted through TripCan, all taxes, fees and costs incurred as a result shall be borne and paid by both parties to the transaction in accordance with relevant laws and regulations or contractual agreements.

Ⅳ. Account and security

1.
Part of the functions of this service can only be used by registering an account. The account and password obtained by the user after completing the registration procedure are only for the particular user.
2.
TripCan may limit the number of user accounts that can be registered by the same individual or legal entity; for registration as a user, TripCan reserves the right to agree to the registration.
3.
The user shall keep the account and password properly and shall not provide or disclose to a third party for safekeeping or use. All actions after logging in to the platform with a specific account and password are presumed to be the account holder's own actions, and the user must be fully responsible for all actions after logging in to the service system with a specific account and password.
4.
If the user discovers or suspects that his/her account or password has been fraudulently used or improperly used by a third person, the user shall immediately notify TripCan. TripCan shall immediately suspend the payment behavior indicated by the account and suspend the acceptance of subsequent payment instructions from the account upon receipt of the user's notification.
5-1.
The user agrees to grant TripCan the right to terminate or suspend its account immediately after notifying the user in accordance with laws and regulations or without violating the principle of transaction integrity, and may remove any content related to the account from the platform and cancel any benefits or The authority to subsidize and cancel transactions related to the account, suspend any payment or refund related to the account, or any other measures deemed necessary by TripCan.
5-2.
The reasons for TripCan to exercise the above rights include, but are not limited to, TripCan's determination that there is or reasonably suspects any of the following situations:
ⓐ Inactivity ⸺ referring to the user's long-term failure to log in to the account; ⓑ Violation of these terms of service agreement; ⓒ There is considerable evidence that the user has committed fraud, harassment, defamation, threats, insults, or other illegal behavior; ⓓ The same individual has multiple accounts; ⓔ The payment is impounded by the court or the prosecutor ; ⓕ The user submits false identity verification information, which is verified to be true; ⓖ Abnormally or excessively purchases goods from the same seller or related sellers; or ⓗ Harmful behaviors against other users, third parties or the commercial interests of TripCan such as false sales, abuse of free shipping or discounts, etc.

If it is found that the account has been used for fraud, harassment, defamation, threats, insults or other illegal purposes, TripCan may report it to law enforcement agencies without notifying the user.
6.
The user can terminate the contract at any time in the manner agreed by both parties. If the user wishes to terminate his/her account, he/she can notify TripCan by e-mail ⸺ email: [email protected] Even if the account is terminated ⸺ that is, TripCan closes its account in accordance with the user's notification the user is still responsible for any uncompleted transactions, product delivery, product payment or similar matters before termination, and the user must promptly and effectively after fulfilling and completing all outstanding transactions, then contact TripCan. TripCan is not responsible for any damages caused by actions not taken in accordance with these Terms of Service.

Ⅴ. Fee

1.
Once the products are sold on TripCan, the processing fee shall be paid in accordance with the "Processing fee table" set at the time.
2.
When users use other payment services or functions of TripCan, they shall pay the fees in accordance with the fee quotes at the time.
3.
TripCan may add, adjust, or change the fee-charging items and fee quotes at any time within a reasonable range according to the situation.
4.
When the user has unpaid fees after the due date, TripCan may restrict some or all the functions that the user can use.

Ⅵ. Code of Conduct

1.
When using TripCan's related services and functions, users should use their own user account and password to log in to the system, and may not transfer or authorize others to use their own user account———including credit evaluation in any way.
2.
If users find that other users have violated laws or regulations or violated these terms of service or related codes of conduct, they may report to TripCan.
3.
When posting wishes/products, users should pay attention to whether they are legal or not, and should appropriately explain the trading conditions and related information of the posted products. There should be no exaggeration, falsehood, or misleading or misrepresenting circumstances. Before making a bid for a specific item, users should carefully review their trading conditions and related information. Also evaluate the seller's integrity and ability to perform the transaction. After reaching a transaction agreement, both parties shall perform and complete the transaction with the utmost integrity.
4.
Users must not take unfair competition behaviors in the transaction process, must not hinder or interfere with the normal operation of the website, and must not spam advertising emails.
5.
Users shall not engage in any manipulation of transactions, false transactions, malicious abandonment of bids, interference with other people's transactions, or intention to defraud. All behaviors and speeches of users on TripCan shall comply with laws, regulations, and the terms of service.
6.
Users should not maliciously slander other users on TripCan, take improper measures to improve their own ratings, or lower the rating of other users.
7.
Users shall not post or publish any object or information on TripCan that violates laws, public order and good customs, or infringes the rights of third parties, or that TripCan considers unsuitable for posting or publication on this service.
8.
For the following types of information posted or published by users on TripCan, TripCan may directly remove it, make it inaccessible, or take other restrictive measures without prior notice:
A
Information for the purpose of circumventing or assisting in avoiding payable fees;
B
TripCan has reason to believe that malicious, fraudulent, or false content is involved;
C
Information for the purpose of speculating or improperly improving credit rating;
D
TripCan has reason to believe that information has nothing to do with or is not for the purpose of the transaction;
E
TripCan has reason to believe that malicious bidding or other information that attempts to disrupt normal transaction order has been involved.
9.
Users do not obtain any express or implied authorization of TripCan's intellectual property rights by joining as a user of TripCan. Without prior written consent of TripCan, users are not allowed to use, reproduce, or distribute any form of works, materials, trademarks, logo, and etc. on TripCan.
10.
In the event of a violation of these terms of service, users may be subject to a series of sanctions take by TripCan in accordance with relevant laws and regulations, including but not limited to: ⓐ deletion of published products ⓑ restriction of account rights ⓒ suspension of account and subsequent termination ⓓ Criminal proceedings ⓔ Civil claims, including but not limited to claims for damages and/or petitions for preservation.
11.
User with the following behaviors will be listed in the blacklist, the user's account will be suspended when the user is listed three times in the blacklist.

Seller behaviors

A
Seller fails to pay the processing fee within 24 hours after buyer pay for the order.
B
Seller fails to deliver the product within the regulated period.
C
Seller fails to respond to the buyer's question within 2 days.

Buyer's behaviors

A
Buyer fails to pay for the order within 24 hours after the order is placed.
B
Buyer fails to collect the shipment within the regulated period.

The suspended account cannot create a new wish list or product list,

and all listed products will be removed. Only the ongoing purchase can remain in process.

Ⅶ. System maintenance and service interruption

1.
TripCan will do its best to maintain the normal operation of this service system to enable users to conduct transactions smoothly, but this service only provides services based on its status. TripCan does not express or implied any promises or guarantees for the following matters:
A
Meet the specific needs of users;
B
Fully compatible with commercial suitability;
C
System and software can continue to operate without interference;
D
Data can be transferred, processed, stored and backed up instantly and accurately;
E
System, software and data errors will be found and corrected immediately
2.
When this service system is suspended or interrupted due to routine maintenance, relocation, replacement, upgrade, or repair, TripCan will notify users by means of announcement or push notification before the suspension or interruption.
3.
TripCan will not be liable for compensation, If the cause of transaction failures or progress retrospective is due to the poor quality of the ISP network, TripCan, other third-party companies, or related telecommunications companies’ network system software and hardware equipment malfunctions, or human operation negligence caused interruption, temporary unavailability, delay, errors in data transmission or storage, tampering with the system by a third party, or forgery of data.

Ⅷ. Authorization

1.
When the user uploads, transmits or provides product information or other related information to TripCan, it is deemed that the user has agreed to authorize TripCan to use, reproduce, store and publish such information for specific or random users to search and browse, and The information may be reproduced, distributed, publicly broadcast, publicly displyed, modified, edited, publicly distributed, publicly published, or publicly transmitted through print or electronic forms, and such rights may be delegated to third parties. When users upload, transmit or provide object information or other related information to TripCan, they should ensure that they are the right holders or authorized persons of such
2.
In order to protect the legitimate rights and interests of intellectual property rights holders, users who discover that products or related information posted or published by other users have infringed on their intellectual property rights, they may report or notify TripCan.

Ⅸ. Cancellations, returns and refunds

1.
The user can only cancel the order before the purchase amount has been paid to the TripCan performance bond account. Once the purchase amount is paid, the user cannot cancel the order arbitrarily. Moreover, the users understand that refund requests must be submitted through the "Acceptance or report product problems" or "Acceptance or file dispute" function of the TripCan service platform.
2.
The user hereby agrees to apply for a refund based on the "Acceptance or report product problems" or "Acceptance or file dispute" function only under the following circumstances:
A
The products have not arrived after the estimated arrival time;
B
The product is defective and/or damaged during transit;
C
The delivered product does not meet the specifications agreed by both parties ——— such as wrong size, color, etc.
3.
After the product arrives, if the user has any questions about the product, the user can use the "Acceptance or report product problems" function to report the actual situation with the seller. The seller should use the order function to reply to the problems the user reports through the "Acceptance or report product problem" function. If the seller does not respond to the questions or content raised within 2 days, the order will be automatically cancelled, and the payment related to the order will be .
4.
If users and sellers are unable to solve the problem through the "Acceptance or report product problems" function, they can use the "Acceptance or file dispute" function to submit the dispute to TripCan for resolution. TripCan will review the user's application on a case-by-case basis, and in accordance with the laws and these terms of service, at its sole discretion, decide whether to pass the user's application.
5.
If the buyer does not collect the product resulting in the product return. The customer service will assist in establishing communication between buyer and seller. If both sides cannot have a mutually agreed term, the order will be cancelled, the buyer will be refunded after deducting the shipping cost and processing fee.
6.
In the event of a return in a transaction, TripCan will not assist in providing any logistics services. The two parties must reach an agreement on the return method, return location, and return shipping fee. TripCan suggests that both parties should negotiate through the "Acceptance or report product problems" function to protect the rights and interests of both parties.
7.
TripCan reserves the right to cancel any transaction on this website. The user understands and agrees that the only compensation method in this case is to return the purchase amount that the user has paid and kept in the TripCan performance bond account.
8.
Both users and sellers should confirm and know whether the goods being traded are prohibited goods in your region or country. If your traded goods are listed as prohibited goods in the country where they are sold, which results the order cannot be completed ——— including But it is not limited to the items being confiscated or destroyed , the transaction funds and handling fees will not be refunded.
9.
Both the user and the seller agree and guarantee that they will not initiate litigation or other claims against TripCan or its affiliates due to any disputes or disputes regarding transactions through this service or related to such transactions.
10.
TripCan only facilitates returns upon agreement between both user and seller, and does not offer any exchange service. Any exchange or return must be agreed upon by both parties before proceeding.

Ⅹ. Logistic service

1.
TripCan currently does not provide any third-party logistics services. The delivery method, delivery location, and shipping costs related to the transaction must be negotiated by both parties themselves. Both parties should fully discuss through the "message" function before the transaction is concluded to avoid disputes.
2.
Sellers should conduct their best effort to ensure the buyers can receive the products within TripCan's performance bond period.
3.
User understands the relevant risk in delivering the product. Seller should purchase insurance for their products. The user understands TripCan is not responsible for any loss, expense, or payment if the product is damaged, lost, or cannot be delivered. Users should contact the logistic service provider to resolve the problem.
4.
Users should understand and follow the relevant import & export restriction and taxation for the imported countries. Users understand TripCan is not responsible for providing any legal consulting regarding the import & export regulation, nor bearing the risk for international delivery.

Ⅺ.Limitation of Liaility

1.
TripCan shall not be liable for any direct or indirect damages caused by the suspension or interruption of services, unavailability of transactions, loss or damage of data, or other direct or indirect damages caused by the following circumstances, except for those caused by TripCan's intentional or gross negligence:
A
Caused by routine maintenance, relocation, replacement, upgrade, or repair of this service system;
B
Data loss or damage due to backup error or failure .
C
Due to the action of a third party, which TripCan does not have the complete control, or the cause is not attributable to TripCan.
D
Caused by natural disasters or other force majeure .
2.
The user understands and agrees that if TripCan shall be liable for damages to the user in accordance with the law, except for those caused by intention or gross negligence, TripCan's liability for damages to the user shall be capped by the fees paid by the user.

Ⅻ. Governing law and jurisdiction

1.
These terms of service shall be based on the laws of the Republic of China and be interpreted accordingly, and the principle of conflict of laws shall not apply. The "United Nations Convention on Contracts for the International Sale of Goods" and "Uniform Computer Information Transaction Act" are not applicable to the extent permitted by law. Unless otherwise provided by applicable laws, any dispute, controversy, claim or any discrepancy arising from or related to TripCan or the guaranteed party shall be subject to the Taipei District Court of Taiwan as the court of first jurisdiction.
2.
If there is any doubt about the content of these terms of service, it should be explained in favor of the user ——— consumer.

ⅫI. Miscellaneous

1.
TripCan reserves all rights not expressly granted in these terms of service.
2.
TripCan may modify the content of these terms of service at any time by publishing the revised terms of service on the website or App, and notify you at the same time by means of SMS or App push notification. When the user continues to use the service after the revised version is announced, it is deemed that you have accepted the revised service terms.
2.
TripCan may modify the content of these terms of service at any time by publishing the revised terms of service on the website or App, and notify you at the same time by means of SMS or App push notification. When the user continues to use the service after the revised version is announced, it is deemed that you have accepted the revised service terms.
3.
The user shall not assign, sub-authorize or transfer any rights granted here, or re-appoint any obligations.
4.
Any provisions in these terms of service does not constitute any partnership, joint venture, or agency relationship between the user and TripCan, and TripCan does not authorize any user or seller to collect any fees or assume any responsibility on behalf of TripCan.
5.
Any rights agreed in these terms of service ——— including non-fulfillment of liabilities due to the user or seller's failure to perform obligations at any time unless TripCan has waived the right in writing, otherwise it will not affect its future rights to require performance of this agreement.
6.
The terms contained in these terms of service, as well as any agreements and policies contained or referenced in these terms of service, constitute the entire agreement and consensus of the two parties on the service and TripCan's implementation of the application, unless the parties expressly agree otherwise in writing, and replace any previous agreement and consensus between the two parties on the same matters. Both parties hereby exclude all implied agreements. Either party irrevocably and unconditionally waives all claims, rights and compensations that may not be agreed in the terms of service. These terms of service shall not be denied based on any previous agreement, any oral agreement, or any consistent additional terms, explanation, or supplement.
7.
TripCan and users can use electronic files as a representation method. The electronic files exchanged in accordance with these terms of service, if their contents can be fully presented and can be retrieved for inspection in the future, have the same effect as physical written files. However, the exclusion of applicable laws or regulations or announcements of administrative agencies shall not be restricted. The written methods mentioned in the content of these terms of service, unless otherwise specifically agreed, all include physical writing and email.
8.
If you have any questions or concerns about these terms of service, or any issues arising from these terms of service or this website, please contact us ——— [email protected]

The final interpretation and modification rights of the above terms

and conditions belong to TripCan

2021/09/30

© Copyright 2021 TripCan HK Co., Limited. All rights reserved

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