Terms and Conditions | SGS TIC Mall

TIC Mall Terms and Conditions of Use

Terms and Conditions

This Terms and Conditions of Use (this "Terms") describes the terms and conditions applicable to your access to, and use of, the SGS Hong Kong Limited ("SGS") website located at "https://ticmall.sgs.com/" (the "TIC Mall").

This Terms may be amended by SGS from time to time without notice and you are deemed to accept such amendments when you access or use the TIC Mall after such amendments.

This Term may not be amended by Client unless prior written consent is obtained from SGS.

Definitions and Interpretations
1. In this Term the following words will have the following meanings unless the context otherwise requires:
  
  "Client" means those persons or entities which place orders for Services through the TIC Mall.
  
  "Online Payment" means when You pay SGS directly for the Services via the Online Payment Gateway on the TIC Mall.
  
  "Offline Payment" means when You pay SGS directly for the Services by bank transfer or cheque.
  
  "On-demand Services" means those products and/or services offered on the TIC Mall that can be immediately available to you or can be delivered to your provided address upon confirmation of payment. Examples: Webinar, testing kits.
  
  "Force Majeure" means any cause beyond the reasonable control of the affected party which shall include (but not be limited to) acts of God, perils of the sea or air, fire, flood, explosion, sabotage, accident, embargo, acts of terrorism or riots, labour strikes, failure or shortage of power supplies, acts or omissions by any telecommunications carrier or other competent authority, the act or omission of any Internet service provider, war, delay or failure in manufacture or supply by third parties of equipment or services.
  
  "Online Payment Gateway" means the electronic processing system which is made or to be made available to the Client for enabling the settlement of transactions effected by the Client by using a credit card or other payment methods.
  
  "Services" means the On-demand Services, the inspection, testing, sampling, analysis, certification, audit and other services which may be accessed or ordered through the TIC Mall and which are subject to the Service specific terms and conditions.
  
  "Service specific terms and conditions" means the General Conditions of Services (primarily applicable to inspection and testing services); the General Conditions for Certification Services; the General Conditions for Customized Audit Services; the General Conditions for Greenhouse Gas Validation & Verification Services; and other service specific general conditions available at www.sgs.com/Terms-and-Conditions.
  
  "TIC Mall" means the website "https://ticmall.sgs.com" owned and operated by or on behalf of SGS.
  
  "SGS Group" means any company controlling, controlled by or under joint control with SGS.
  
  "SGS Trade Marks" means any and all trade marks whether registered or not and including any applications which may now or in the future be from time to time owned by or licensed to SGS or the SGS Group.
  
  "You" and "Your" means the general users of TIC Mall and the Client which orders Services under these and any Service Specific Terms and Conditions.
2. Capitalized terms used but not defined herein shall have the meanings provided in the Service specific terms and conditions.
Privacy
1. SGS is committed to protecting the privacy and information of its customers. You may review the privacy policy statement/personal information collection statement regarding the TIC Mall at "Link to TIC Mall privacy policy statement" and the privacy notice of the SGS Group at Online Privacy Statement to understand our practices in processing personal data.
Fees and Services
1. Opening an account with TIC Mall is free. It enables You to place orders on TIC Mall.
2. Fee and Payment Policy: Our fee and payment policy regarding the provision of the Services is set forth in the "Fees and Payment" under the applicable Service specific terms and conditions or is otherwise notified to the Client at the time a quotation or an order confirmation is issued.
3. Payment of Fees: You may make payment using either the Online Payment or Offline Payment method. If You wish to choose the Offline Payment method, please contact our Corporate Marketing and Communications team by email at info.ticmall@sgs.com first before effecting any payment.
  
  Unless otherwise agreed by SGS, any payment must be done in the local currency (i.e. HKD).
4. Acceptance by SGS: The On-demand Services will be accessible or arranged to be delivered to You upon confirmation of receipt of payment.
  
  For the Services other than the On-demand Services, it shall only constitute an acceptance by SGS to provide You with Your ordered Services upon issuance to You an acknowledgement of receipt of payment and a written confirmation. Before any such written confirmation, our staff may contact You to obtain further information and/or samples regarding your ordered Services, and if SGS finally decides that such services cannot be provided to You for whatsoever reasons, your payment for such services will be fully refunded after deduction of any reasonable costs incurred by SGS.
5. Service specific terms and conditions: You are advised to review the Service specific terms and conditions before ordering for the Services, especially the sections of "Fees and Payment", "Suspension or Termination of Services", "Liability and Indemnification" and "Governing Law, Jurisdiction and Dispute Resolution" thereunder.
  
  You shall be deemed to accept and agree to be bound by the Service specific terms and conditions by making payment for the Services.
6. Refund: If SGS is unable to perform all or part of the Services for any cause whatsoever outside SGS’ control including the Force Majeure, or failure by You to comply with any of Your obligations under this Terms or the Service specific terms and conditions, You may be entitled to a refund after Your payment to SGS:
  1. the amount of all non-refundable expenses incurred for providing the Services; and
  2. a proportion of the agreed fee equal to the proportion of the Services actually carried out by SGS.
  Subject to the conditions under 3.4, 3.5 and 3.6, no refund or partial refund will be allowed.
Intellectual Property Rights
1. You acknowledge that the domain names, configurations, displays, screens, software, code, algorithms, scripts, inventions, trade secrets, images, graphics, text, and all information appearing on or displayed in connection with or contained by SGS on TIC Mall, including without limitation the SGS Trade Marks (collectively, the "SGS Intellectual Property"), are covered by various intellectual property right protections, including domestic and international copyright, trademark, and trade secrecy laws. You acknowledge that SGS and/or third-party content providers remain the owners of the information on this website, and that You do not acquire any of those ownership rights by printing or downloading any of the information or making use of the Services. You shall take no action to decompile, reverse-engineer, infringe, or misappropriate any of the SGS Intellectual Property, nor shall You register or attempt to register in Your own name anywhere in the world any of the SGS Intellectual Property or elements thereof.
License and Site Access
1. SGS grants You a limited license to access and make personal use of TIC Mall and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of SGS. This license does not include any resale or commercial use of TIC Mall or its contents; any collection and use of any product and/or service listings, descriptions or prices; any derivative use of TIC Mall or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools.
2. Without the express written consent of SGS, You may not:
  1. reproduce, duplicate, copy, sell, resell, visit or otherwise exploit TIC Mall or any portion thereof for any commercial purpose;
  2. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of SGS; or
  3. use any meta tags or other “hidden text” utilizing SGS Intellectual Property.
  Any unauthorized use terminates the permission or license granted by SGS.
Your Account
1. Your Information: "Your Information" includes any information data, text, software, photographs, graphics, video, messages or other materials (if applicable) that You may provide to SGS or other users during the registration or ordering processes, or while using any features available on TIC Mall. You are solely responsible for the accuracy and security of Your Information. You hereby warrant that You have all rights, including copyrights, necessary to submit Your Information to SGS. You acknowledge that SGS does not have any responsibility to determine what information that is submitted to SGS is protected.
2. Registration Obligations: If You register with TIC Mall You agree to:
  1. provide true, accurate, current and complete information about yourself or company as prompted by the signing up form; and
  2. maintain and promptly update Your Information to keep it true, accurate, current and complete.
  If You provide any information that is untrue, inaccurate, not current or incomplete, or if SGS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SGS has the right to suspend or terminate Your registration and refuse any and all current or future use of TIC Mall. If You have registered with us on behalf of a company or other entity then You represent and warrant that You have the authority to bind such company or other entity to this Terms.
3. User ID, Password and Security: During the registration process You will select a User ID and password. Your TIC Mall account and User ID may not be transferred or sold to another party and You are solely responsible for maintaining the confidentiality of Your User ID and password and for all activities that occur under Your User ID and password. You agree to:
  1. immediately notify SGS of any unauthorized use of Your User ID or password or any other breach of security; and
  2. ensure that You properly exit TIC Mall at the end of each session. SGS cannot and will not be liable for any loss or damage arising from Your failure to comply with this clause 6.3.
4. Rules about Your Account: You represent and warrant that Your Information and Your products or services which may be the subject of orders for the Services:
  1. will not be fraudulent or involve counterfeit, stolen or banned goods;
  2. will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  3. will not violate any law, statute, ordinance or regulation (including, without limitation, those governing export controls, trade quotas, consumer protection, unfair competition, anti-discrimination or false advertising);
  4. will not be defamatory, trade libellous, unlawfully threatening or harassing;
  5. will not be obscene or contain child pornography;
  6. will not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
  7. will not link directly or indirectly to or include descriptions of goods or services that (i) are prohibited under this Terms and/or any Service specific terms and conditions; or (ii) You do not have a right to link to or include.
Links
1. SGS may provide, or third parties may provide, links to other websites or resources. Because SGS has no control over such sites and resources, You acknowledge and agree that SGS is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SGS 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 use of, or reliance on, any such content, goods or services available on or through any such site or resource.
Warranties
1. SGS hereby warrants to You that:
  1. its issuance of this Terms does not and will not breach any other agreement or terms and conditions to which it is a party; and
  2. it has the necessary authority to issue this Terms.
2. You hereby warrant to SGS that:
  1. Your acceptance of this Terms does not breach any other agreement or terms and conditions to which You are a party;
  2. Should You place any order for any of the Services on behalf of a third party, such action is taken by You pursuant to instructions provided by such third party and You undertake to communicate the terms of this Terms and the Service specific terms and conditions (as applicable) to such third party and Your acceptance of this Terms and the Service specific terms and conditions (as applicable) shall also bind such third party as if such third party had placed the order;
  3. You will provide all the answers required for the provision of the Services in good faith and will not knowingly, recklessly or carelessly make any misrepresentations or incorrect statements; and
  4. You will comply with any additional terms and conditions published by SGS from time to time.
No Warranties
1. The information set forth on, and description of the Services offered through TIC Mall were believed by SGS to be accurate at the time of preparation or obtained from sources believed to be reliable. SGS makes no warranty concerning the accuracy of the information or of the Services descriptions set forth in TIC Mall or the results obtained through their use. In addition, SGS makes no express or implied warranties, either of merchantability, fitness for a particular purpose or of any other nature regarding the information or Service descriptions set forth in TIC Mall.
2. SGS gives no representation or warranty, express or implied and whether arising by common law or statute that any electronic documents, computer software or data (which shall include without limitation disks, tapes, hard drives or any other form of program or file delivery, tangible or intangible and whether delivered to You electronically via a communications network or otherwise) (collectively the "Data") supplied to You is free from any computer virus or other malicious programming or is accurate or is confidential or is compatible with Your computer systems or that there is no functionality included which is incompatible with Your computer systems. SGS shall not be liable for any disruption in the Data transmission, errors or omissions in the content of the Data, or loss or damage which may arise by the delivery of the Data, save to the extent that such liability cannot by law be limited or excluded.
Term and Termination
1. This Terms, unless otherwise notified to You in accordance with clause 10.2 below, shall remain valid and applicable to You for so long as You remain a user in good standing of TIC Mall.
2. SGS reserves the right, at any time and without prior notice to You, to terminate its relationship with You and claim for the damages and/or losses that may arise therefrom in the event that You are in breach of any of Your warranties or obligations under this Agreement and, in particular, Your undertaking to not misuse or misrepresent the scope and validity of the Services to third parties, particularly where the name and reputation of SGS and/or any of the member of the SGS Group is or is liable to be harmed or tarnished as a result.
3. Notwithstanding the above, clauses 2, 4 and 8 through 12 will survive termination of this Agreement.
General
1. No Agency or Partnership: Both SGS and You are acting alone and not as an agent, representative or employee of the other. Nothing in this Terms or any action taken hereunder will create between SGS and You, or be deemed to create between SGS and You, a partnership, association, joint venture or other co-operative entity.
2. Assignment: You may not assign or otherwise transfer any of Your rights or obligations under this Terms.
3. Severability: If any provision of this Terms is found to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of this Terms or any Service specific terms and conditions.
4. Non-Waiver: SGS' failure to exercise any right or remedy under this Terms does not constitute a waiver of such right or remedy.
5. Precedence: In the event of any discrepancy or inconsistency between this Terms and any Service specific terms and conditions, the Service specific terms and conditions shall take precedence.
6. Third-party rights: Except as stated in this Terms, a person who is not a party to this Terms shall not benefit from or be entitled to enforce any terms of this Terms under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the laws of Hong Kong).
7. Language: This Terms has been translated into Chinese. If there is any inconsistency between the English version and the Chinese version, the English version shall prevail.
Governing Law, Jurisdiction and Dispute Resolution
1. All disputes arising out of or in connection with the contractual relationship(s) under this Terms shall be governed by the substantive laws of Hong Kong exclusive of any rules with respect to conflicts of laws and all disputes shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules. Unless otherwise agreed, the arbitration shall take place in Hong Kong SAR and shall be conducted in English.

SGS Hong Kong Chat Terms

About SGS Hong Kong Chatbot and LiveChat (the “SGS HK Chat”)
1. SGS HK Chat is a communication platform offered by SGS to the users of TIC Mall, whether registered users or not (the "Users"), which allows the Users to make general enquiries on the particulars of the Services.
2. Upon initiating the SGS HK Chat, the SGS Hong Kong Chatbot will classify the Users’ enquiries before referring them to the customers service representatives ("CSR") of the corresponding SGS' departments for LiveChat.
3. Our CSR shall have no obligations to act upon any instruction from the Users and our CSR may not act upon the Users’ instruction unless it is actually received by us.
4. For enquiries relating to the features on TIC Mall; management of the TIC Mall accounts; the ordering status or payment issues pertaining to the Services, please contact our Corporate Marketing and Communications team by email at info.ticmall@sgs.com.
Use of Information
1. The Users agree that their personal information provided in the SGS HK Chat shall be used or disclosed in accordance with the Privacy Policy of SGS.
2. In general, our CSR will never request the Users to provide more than their names, company names and/or contact information to process their enquiries. Should you receive a request to provide your personal information other than those mentioned above which appears to be under our name and logo, DO NOT respond and please report to us immediately at info.ticmall@sgs.com.
3. The Users acknowledge that the information provided to them in the SGS HK Chat is for their reference only. Unless expressly stated otherwise, SGS makes no warranty concerning the accuracy, completeness, authenticity, merchantability of such information or whether it is fit for a particular purpose. SGS shall not be liable to the Users nor any third party for any actions taken or not taken on the basis of such information provided to the Users in the SGS HK Chat.
4. Any invitation, offer, representation or information given by our CSR in relation to the Services shall not be binding against SGS unless it is confirmed by signing by an authorized person of SGS.
Third party Application
1. The Users’ communication with our CSR will be conducted through a third-party messaging application, namely, WhatsApp ("Application"). SGS relies on the communication platform and the cloud service of the Application to provide the SGS HK Chat.
2. By using SGS HK Chat, the Users are deemed to have read and accepted the relevant terms and conditions, security standards and privacy policies of the Application.
3. The Users acknowledge that the Service Provider is not an agent or representative of SGS, and there is no partnership or joint venture between SGS and the Service Provider. SGS may switch service provider without informing you in advance.
4. SGS is not responsible for the activities, products and services of the Application.
Direct Marketing and Opt-out Rights
1. We may broadcast system updates, discount promotions and/or updates on core regulations in the SGS HK Chat. However, we shall not do so unless your prior express consent is obtained. You may request for cancellation of the aforesaid broadcast anytime by contacting us at info.ticmall@sgs.com.
Limitation of Liability
1. The Users shall be responsible for the security of the device(s) that they use to access SGS HK Chat.
2. SGS will not be responsible and shall disclaim any such liability for any loss or leakage of information on the platform of the Application as caused by Force Majeure or any other events, unless there is proven negligence on the part of SGS.
3. Notwithstanding the aforesaid, SGS shall not be held liable for any loss of profit or interest, indirect or consequential loss arising from or in connection with the provision of SGS HK Chat.
Termination
1. SGS reserves the right to terminate or vary, at its sole discretion, the operation of the SGS HK Chat at any time without prior notice.
Miscellaneous
1. The SGS HK Chat Terms shall be in addition to the Terms and Conditions of Use of the TIC Mall.
2. The SGS HK Chat Terms has been translated into Chinese. If there is any inconsistency between the English version and the Chinese version, the English version shall prevail.