User Agreement

The following describes the terms on which Wooha offers you access to our services.

Introduction

Welcome to Wooha. By using the www.wooha.com website including its related sites, services and tools (the “Website”), you agree to the following terms, including those available by hyperlink, with Ottogon Global Inc Limited, Hong Kong and its affiliates (together “Wooha” or the “Company”), and the general principles for this Website. This User Agreement ( “ User Agreement”) shall serve as an agreement that sets forth the terms and conditions which will govern your use and escrow services (“Wooha Escrow”) provided on and through Wooha Escrow. By selecting to utilize the services you shall have also indicated your acceptance of this User Agreement and your intent and agreement to be bound by them. If you are unwilling to agree to this User agreement, you shall discontinue further use of the services. If you agree to this User Agreement, you will be bound as follows.

If you have any questions, please refer to our Help section.

This Agreement is effective on October 10, 2024 for current users, and immediately upon acceptance by new users.

Scope

Before you become a member of the Website, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use our Website and services, or when you use the tools we make available to interact with our Website and services.

Your Account

If you use this Website, you are responsible for maintaining the confidentiality of your buyer or seller account with Privacy Policy (“Account”) and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.If you are under 18 years old, you may use this Website only with authorization from a parent or legal guardian.

If you are a minor i.e. under the age of 18 years, you shall not sell, purchase or bid for any items on the Website except through Your legal guardian or parents who have registered as users on the Website or can use the Website as a Guest User. Wooha reserves the right to terminate Your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

Using this Website

While using this Website, you will not :

post content or items in an inappropriate category or areas on our Website or services;
violate any laws, third party rights, or our policies;
use our Website or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Website;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
take any action that may undermine the feedback or ratings systems;
distribute viruses or any other technologies that may harm the Website, or the interests or property of users of the Website;
copy, modify, or distribute content from the Website and the Company’s copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent; or
use existing user accounts or create new user accounts in order to circumvent or avoid buying or selling limits, restrictions, holds or other policy consequences

Violations of this policy may result in a range of actions, including

Account suspension / termination
Criminal charges / claim for damages

Abusing our Website

We keep our Website and services safe and working properly. Please report problems, offensive content and policy violations to us.

Our Brand Protection Program (BPP) works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our BPP team and we will investigate.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-site transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Purchase and Payment

You should carefully read the item detail page and review information such as price, option price, (overseas) shipping charges, import duty, etc. and terms and conditions for sales before purchasing an item.

We take no responsibility and assume no liability for any loss or damages to a buyer arising from shipping information and/or payer information entered by the buyer or wrong remittance by the buyer in connection with the payment for the items purchased. We reserve the right to check whether a buyer is duly authorized to use a certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.

Customs

If the country of the seller is different from the country of the buyer, the buyer is considered the importer of record and must comply with all laws and regulations of the country in which the buyer is receiving the goods. Buyers should make sure that they can lawfully import the item into the buyer’s country before purchasing the item.

Buyers may be subject to import duties and taxes, which are levied once a shipment reaches the buyer’s country. In principle, additional charges for customs clearance must be borne by you if not specified otherwise in the item detail page explicitly; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country–please contact your local customs office for further information.

Your privacy is important to us, and we know you care how information about your order is used and shared. We would like our international buyers and sellers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs authorities.

Also, the company or sellers may provide certain order, shipment, and product information–such as titles–to our or their international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require us or sellers to state the value of the purchased item directly on the package.

Cancellation, Return and Refund

Buyers may cancel purchases at any time before shipment. Once shipped, purchases will be subject to the return process rather than the cancellation process.

Buyers may request for return of purchased items at any time within 7 days from the date of receipt. With respect to return-related matters, relevant laws and regulations shall prevail over the terms and conditions suggested by sellers.

Return costs shall be borne by the party attributable to the return request, such as:

the buyer, where the return is due to his/her change of mind; and
the seller, where the return is due to the defects in the item, delivery delay or delivery of the wrong or different item

For overseas purchases, return attributable to the buyer may not be practically possible due to high return costs. We or sellers take no responsibility and assume no liability for such cases.

Upon completion of the cancellation or the return process, the Company shall refund the purchase by immediately canceling the credit card transaction authorization in the case of payment by credit card or by depositing the amount paid by the buyer.

Other Businesses

Parties other than the Company operate stores, provide services, sell products or list advertisement on this Website, and this site may link to sites of affiliated companies and certain other companies. The Company is not responsible for examining or evaluating and does not warrant the products of such business or individual or the content of their web sites. The Company does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in our Privacy Policy. We view the protection of users’ privacy as a very important community principle. We store and process your information on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see our Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services. For the avoidance of doubt, If Wooha has reasonable grounds to believe that any User is in breach of any of the terms of this Agreement, Wooha reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, Wooha may disclose the User’s identity and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if Wooha is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. Wooha shall not be liable for damages or results arising from such disclosure, and the User(s) agrees not to bring an action or claim against Wooha for such disclosure.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), 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 your violation of any law or the rights of a third party.

No Warranties

You will not hold the Company responsible for other users’ content, actions or inactions, or items they list, including things they post. You acknowledge that we are not a traditional online shopping service provider or auctioneer. Instead, we provide an electronic marketplace for buyers and sellers and arranges transactions between such buyers and sellers. The Company is responsible for operating and managing its Website and makes reasonable efforts in order to maintain efficient services. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item’s lawful owner upon physical receipt of the item from the seller. We cannot guarantee continuous or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Website and services.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS WEBSITE, OR OBTAINED FROM A LINKED SITE IS PROVIDED TO THE USER “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE COMPANY HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS WEBSITE; HOWEVER, THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS THE USER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS WEBSITE IS SOLELY AT THE USER’S OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO SOME USERS.

Limitation of Liability

THE USER SPECIFICALLY AGREES THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. THE USER SPECIFICALLY AGREES THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. THE USER SPECIFICALLY AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Agency

No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this User Agreement. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between the Company and any buyer or seller.

Notices

Except as explicitly stated otherwise, any legal notices shall be served on Ottogon Global Inc Limited, Hong Kong via registered mail, to Rm 401, 4/F., Wanchai Central Building, 89 Lockheart Road, Wan Chai Hong Kong (in the case of the Company) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 48 hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing unless otherwise required by law.

Applicable Law and Jurisdiction

By visiting this Website, you agree that the laws of Hong Kong, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and the Company.

The courts of Hong Kong will have non-exclusive jurisdiction over any legal action or the proceedings against the Company arising out of, with respect to, or in connection with any disputes over this User Agreement and disputes between Users.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such a section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend any of the Agreement’s terms at our sole discretion by posting the revised terms on our website. Your continued use of our services after the effective date of the revised Agreement constitutes your acceptance of the terms. This Agreement may not be otherwise amended except in a writing signed by you and us.