The Terms of Use ("Terms") govern your use of our website (including https://www.hishifu.com.au/ and any other websites as may be developed, owned, operated and/or managed by Shifu Group Pty Ltd (“Hishifu”) from time to time)("Site") and our mobile applications (including Hishifu and any other mobile applications as may be developed, owned, operated and/or managed by Hishifu from time to time)(“App”) and form a binding contractual agreement between you and Hishifu, whether you visit or use the Site and/or the App as registered user or guest.  The references to the Site and App in this Terms also refer to the content/posting within the Site and App.
For that reason, the Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site and App. You can please contact us by email at contact@hishifu.com.au.
By using the Site and App you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please must stop using and accessing the Site and the App.
Any new features or tools which are added to the current Site and App shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of the Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
1. Welcome to Hishifu
1.1 By accessing or otherwise interacting with our servers, services, Site or App, you agree to the Terms as may be amended from time to time. You acknowledge and agree the Site and App are owned and operated by Hishifu. If you are accessing or using the Site or App on behalf of a business, that business agrees to the Terms. If you do not agree to the Terms, you are not authorized to use the Site or App.
1.2 We may modify the Terms at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use the Site or App. Our privacy policy (https://www.hishifu.com.au/privacypolicy.html), and all other policies, site rules, and agreements referenced below or on the Site and App, are fully incorporated into this Terms, and you agree to them as well.
2. Licence to use the Site and App
2.1 We grant you a non-exclusive and non-transferable licence to use the Site and the App in accordance with the Terms.
2.2 You may access and use the Site and the App (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
2.3 You must not add any content to the Site or the App:
(a) unless you hold all necessary rights, licences and consents and do so in accordance with the Terms;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the Site, or the App, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
2.4 The Site and the App contain links to other websites as well as content added by people other than us. You understand that any such user generated content or any content available on any linked website or applications may not be endorsed, sponsored or approved by Hishifu. Accordingly, you assume your own risks by viewing or clicking on these contents or being diverted to a third party website or application.
2.5 You acknowledge and agree that:
(a) we retain complete and ultimate editorial control over the Site and the App and may alter, amend or cease the operation of the Site and the App at any time in our sole discretion;
(b) the Site and the App may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
(c) You agree not to access/copy/collect content of the Site and the App via robots, spiders, scripts, scrapers, crawlers, or any automated manual equivalent;
(d) Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts, or activating multiple accounts held by the same individual;
(e) You agree we may moderate the access/use of the Site and the App in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account/post; and
(f) While Hishifu facilitates connecting businesses to users located in Australia, it is not responsible for any conduct which takes place between the parties after they have been connected through the platform.
3. Prohibited Conduct
3.1 By agreeing to the Terms, you represent that you are at least the age of adult in your state or province of residence, or that you are the age of minor in your state or province of residence and you have acquired consent from your legal guardian to use the Site and the App.
3.2 You may not use the Site or the App for any illegal or unauthorized purpose nor may you, in the use of the Site or the App, violate any laws in your jurisdiction (including but not limited to copyright laws).
3.3 You must not transmit any worms or viruses or any code of a destructive nature.
3.4 A breach or violation of any of the Terms will result in your immediate breach of contract between you and Hishifu, which grants Hishifu right to terminate the agreement between you and Hishifu and seek damages from you based on contract, common law and equity.
3.5 Users of the Site and the App are prohibited from posting which is inaccurate and/or misleading.
3.6 Users may report advertisements, posts, and other content on the Site and the App posted by other users. Hishifu reserves full rights to deal with these reports however it determines appropriate, in accordance with the Terms. Potential actions based on reports or Hishifu’s own investigations may include but should not be limited to:
(i) Removing the offending post;
(ii) Altering the posters account (suspension, deactivation, limiting);
(iii) Reporting prohibited conduct to the relevant authorities if deemed to be criminal in nature;
(iv) Removing all posts and content belonging to the user; and/or
(v) Legal proceedings.
4. Intellectual Property Rights
4.1 Nothing in the Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and Hishifu, we own all intellectual property rights in the Site and the App and you may only use the Site and the App pursuant to licence granted by Hishifu.
4.2 By posting or adding any content onto the Site and the App, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
4.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
4.4 The licence in this clause 4 will survive any termination of the Terms and agreement between you and Hishifu.
4.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in this clause 4.
5. Warranties
5.1 You represent and warrant to us that:
(a) you have the legal capacity to enter the Terms; and
(b) you have complied with and will remain complying with the Terms.
6. Reporting Content and Dispute Settlement
6.1 If for any reason you believe any content on the Site and the App:
(a) infringes your intellectual property;
(b) Unfairly and unreasonably prejudices yourself or your business;
(c) is in breach of the Terms; or
(d) is otherwise illegal,
then you may contact us by email at contact@hishifu.com.au and request that we remove the relevant content. We will take steps to remove any content that we believe is in breach of the Terms. Hishifu reserves its right to deal with such content in any matter it sees fit, including the editing or removal of the content.
6.2 If you have a dispute relating to the use of the Site and the App, you can email through details of the dispute to the email contact@hishifu.com.au. Hishifu will take steps to resolve the dispute. Any determination is at the sole discretion of Hishifu.
7. Liability
7.1 To the full extent permitted by law, we exclude all liability including, but not limited to, loss of data, interruption of business or any consequential or incidental damages relating to the access or use of the Site and the App.
7.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in the Terms.
7.3 To the full extent permitted by law, we exclude all liability for any actions relating to the access or use of the Site and the App, including but not limited to:
(i) Interactions on the Site and the App with any parties including third parties; and
7.4 The Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the maximum extent permitted by law, we limit our liability in respect of any claim.
8. Termination
8.1 The Terms terminate automatically if, for any reason, we cease to operate the Site and the App.
8.2 We may otherwise terminate the agreement between you and Hishifu and the implement of the Terms immediately, on notice to you, if you have breached the Terms in any way.
9. General
9.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights the agreement between you and Hishifu and under the Terms.
9.2 If a provision of the Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
9.3 Each party must at its own expense do everything reasonably necessary to give full effect to the Terms and the events contemplated by it.
9.4 The Terms are governed by and construed in accordance with the laws in force of the State of New South Wales,Australia.
You agree to thejurisdictions of the courts of New South Wales, Australia and any courts competent to hear appeals from those courts, and waive any objection to such jurisdiction.
9.5 Hishifu reserves its right to deal with the Site and the App as it deems fit, including the sale of Hishifu, the Site and the App, and all its assets there in, including data and personal information.
9.6 We reserve the right to refuse service to anyone for any reason at any time.
9.7 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
9.8 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site and the App through which the service is provided, without express written permission by us.
9.9 The headings used in this agreement are included for convenience only and will not limit or otherwise affect the Terms.
10. Accuracy, completeness and timeliness of information
10.1 We are not responsible and we do not provide warranty or representation about the accuracy, completeness or currency of the information made available on the Site and App. The material on the Site and the App is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site and the App is at your own risk.
The Site and the App may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site and the App at any time, but we have no obligation to update any information on our Site and App. You agree that it is your responsibility to monitor changes to our Site and App.
11. Modification of the service and prices
11.1 Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without prior notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
12. Accuracy of billing and account information
12.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
12.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
13. Optional tools
13.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
13.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
13.3 Any use by you of optional tools offered through the Site and the App is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
13.4 We may also, in the future, offer new services and/or features through the Site and the App (including, the release of new tools and resources). Such new features and/or services shall also be subject to the Terms.
14. Third-party links
14.1 Certain content, products and services available via our Service may include materials from third-parties.
14.2 Third-party links on the Site and the App may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
14.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
15. User comments, feedback and other submissions
15.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
15.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Terms.
15.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
16. Project Request
You must create an account on the Hishifu App through phone before submitting any project request. You can use your Google account, Facebook account or Apple Sign on (only if you are using iPhone and your IOS version is 13 and above) to sign in without going through the registration process. Besides, you can use your email address to register a new account and activate the account by the verification code or the linkyou received in your email to complete the registration process and become a registered user.
You may submit a project request following the process under the module of “Submit your project request”. After submitting the request, you will be contacted by our customer service about the arrangement of the work. You may also be requested to submit further information for a thorough understanding of your project if necessary.
You are responsible for keeping youraccount information confidential at all time. If you become aware of any unauthorised use of your account, please change your password and contact us immediately.
You may elect to close your account at any time, but you will remain liable for any obligation in relation to your closed account. Relevant sections of the Terms of Use will continue to apply after your account has been closed.
17. Form of Contract
The information and details on this website only constitute an invitation to treat rather than an offer.
Please note that submitting a project request successfully does not mean that we have accepted your offer. We will confirm our acceptance with you including the arrangement of the work and costs disclosure. The contract for the supply of services will be formed between you and us when the confirmation email is sent. If your offer is not accepted by us and the relevant amount has been deducted from your account, the amount will be fully refunded.
You acknowledge that we may not receive the transmission of your offer or the confirmation of any payment made through electronic means for reasons beyond any parties’ reasonable control including but not limited to any failure in relation to any software, computer, machine, telecommunication or the third party service provider. We are not responsible for any of your loss or damages caused directly or indirectly by the transmission issues mentioned above.
We will progress with the electronic instructions we received and treat them as authentic. We will be under no obligation to investigate the authenticity of the electronic instruction or the authority of the person issuing the instruction.