1. Terms Of Use
These terms and conditions of use (“Terms of Use”) apply to the Humble Bear website (https://www.humblebear.app/). By accessing this website, you acknowledge that you accept these Terms of Use. In the event that you do not understand or accept any of the terms in these Terms of Use, you should discontinue your use of this website. To the extent permissible by law, Jiannius Technologies Sdn Bhd (“Jiannius”) reserves the right, at its sole discretion, to change, alter, add or remove portions of these Terms of Use at any time without providing notice. You are responsible for regularly checking for any changes to these Terms of Use. Your continued use of this website after any such changes are released shall be deemed as your acceptance and agreement of such changes.
Humble Bear offers you general services consisting of the listing of your products, customer services (for a limited time), order verification and payment processing, and delivery coordination, and other additional services that you may request and that we may offer you. You can sell goods that are legally permitted to be sold and that comply with all laws, whether local, national or regional in your country. Since the goods are sold by you, you are responsible for all product warranties, defects, etc. as if you had sold the goods directly to Humble Bear platform users or Customers.
You hereby undertake and represent that its use of the selection of its user name, store name and store in store name, will not be unlawful, inaccurate, misleading, false, fraudulent, defamatory, trade libellous, or otherwise unsuitable. Any password provided by Humble Bear to you may be used only during the period is permitted to use the Platform, manage the catalogue of Goods listed on the Platform, update information about the Goods (e.g. availability status, stock levels and Prices), electronically accept and fulfil the Orders and review the completed Orders, and may not be shared with any person other than employees that need to use it for the execution of the Agreement.
You acknowledges that the availability of the website is subject to: (a) availability of resources, including, without limitation, resources under the control of Humble Bear and availability of a suitable network infrastructure at the time at which the Service is requested or delivered; You will not, and will not allow anyone to, directly or indirectly, engage in any fraudulent, inappropriate or unlawful activities in connection with the Services, including: i) generating fraudulent, repetitive or otherwise invalid clicks, impressions, queries or other interactions, whether through the use of automated applications or otherwise; ii) Collecting any user information, indexing or caching any portion from the website, whether through the use of automated applications or otherwise; iii) interfering with the proper working of the website; v) transmitting any viruses, Trojan horses or other harmful code; or vii) attempting to bypass any mechanism Humble Bear uses to detect or prevent such activities. Humble Bear reserves the right, in its sole discretion and at any time, to amend the terms (including scheduling, suspension and termination) of the website.
2. Website Content
All texts, images, music, videos, animations, trademarks, patterns, charts, visual interfaces and code (collectively, referred to as “Content”), including but not limited to the ideas, design, structure, expression, and display of such Content, are owned, controlled, or legitimately authorized to be used by Humble Bear. Unless otherwise stated in these Terms of Use, you shall not use the Content on this website for publication or distribution or for any commercial purpose in any way without Humble Bear's prior written consent. You can download information presented on this website with regard to Humble Bear's products and services, provided that: 1. Such information is used solely for personal purposes and not for commercial purposes. 2. No alterations of any kind are made to such information. 3. No further statements and warranties shall be made with regard to such information or documents containing such information. 4. No statements and / or notifications indicating Humble Bear's ownership of and other legal rights and interests with regard to such information shall be removed, in part or in full.
3. Usage Standards
This website and / or any of its Content cannot be used illegally or for any purpose prohibited in these Terms of Use, nor can this website and / or any of its Contents be used to infringe on the legal rights and interests of other persons or organizations. You shall not use any form of device, program, or algorithm, including spiders, robots, deep-links, and page-scrapes, or any identical or similar manual program, to access, obtain, copy, or monitor any part of this website or any of its Content. Additionally, you shall not visit, obtain, or copy any materials, documents, or information on this website by any method not provided by this website. Humble Bear reserves the right to bar any such activity. You shall not attempt to illegally access, decode, or use any other illegal methods to gain unauthorized access to this website, any of its Content, or any of the services offered on or through this website. You shall not trace, reverse lookup, decrypt, or decode any customer information on this website, including but not limited to the Humble Bear IDs of users other than yourself. You shall not violate any of the security mechanisms or authentication measures utilized by or linked to this website. You shall not probe, scan, or otherwise test for any network weaknesses of this website or those linked to it, nor launch any form of attack against it. You agree not to use any device, software, or program to interfere or attempt to interfere with the regular operation of this website or any transactions performed on this website, or to interfere or attempt to interfere with the use of this website by others. You shall not undertake any actions that store unreasonable or disproportionate amounts of data on this website's infrastructure, system, or network, or on systems or networks that are linked to this website.
4. Account, Password And Security
You may need to register a Humble Bear ID or log in via your social media account to access certain functions or services on this website. You accept full responsibility for protecting the confidentiality of your account information, including your password. You accept full responsibility for any and all actions that occur on or against your account in the event that you fail to maintain the security and confidentiality of such information. If you find that your account has irregularities or abnormalities, including but not limited to the password being changed or the account being logged in to or used by unauthorized persons, you should notify Humble Bear immediately. If your failure to maintain the confidentiality of your account information leads to your account being used by others, which further leads to damages to Humble Bear or other visitors to this website, you may be held liable for such damages. You shall not use anyone else’s Humble Bear ID, account or password at any time without the express permission of the account holder of that Humble Bear ID. If your failure to comply with this clause leads to any damage or loss, Humble Bear will not assume responsibility for such losses.
5. External Links
This website may contain links to independent third-party websites. Such links are provided only for the convenience of visitors to this website. Humble Bear does not give any express or implied guarantees regarding the Content, services, and information provided on the links, nor should these links be deemed as a recommendation or authorization by Humble Bear with regard to the links. You can visit any and all of the links entirely at your own discretion, Humble Bear shall assume no responsibility for the outcome of any such interactions.
6. Privacy
It should be noted that the network link and data transmitted between yourself and this website are neither completely safe nor confidential, and it is possible that information and data you send to this website could be intercepted by others. Humble Bear is unable to guarantee the security and confidentiality of the network link and data transmitted between yourself and this website.
A. Personal Data Collected by Humble Bear
Before using Humble Bear products or services, you may need to provide personal data. You do not have to provide your personal data to Humble Bear, but in some cases, the non-provision of certain personal data will cause the inability to provide you with some related products or services. Humble Bear will collect and use your personal data for the purposes stated in this Statement. Here are some examples of personal data we may collect: 1. Personal data that you provide to Humble Bear You need to register a Humble Bear ID to enjoy certain functions or services. When you register a Humble Bear ID or log in with a Humble Bear ID / Social media account, we will ask you to provide relevant personal data, such as your name, email address, mobile number, order information, shipping address, and payment mode. Humble Bear may provide you with cloud storage services where you can sync and backup some of your business transactions, pictures and data. Some Humble Bear features allow you to communicate and share information with others. When you use a Humble Bear service to share things with your family and friends, you may need to create a Humble Bear ID that includes certain information which will be made public, including a nickname and avatar. Humble Bear may collect information related to those people, such as their names, email addresses, and phone numbers. Humble Bear will take appropriate and necessary measures to ensure the security of the information that you provide. You must ensure that the people, whose information you provide, have consented to you providing their information to Humble Bear. 2. Information that Humble Bear collects in your use of Humble Bear will collect data about your business transaction and how you and your business exchange information with Humble Bear features and services.
B. How Humble Bear Uses Your Personal Data
Humble Bear may use your personal data for the following purposes: (1) Register and activate Humble Bear services that you have registered. (2) Register a Humble Bear ID so that you can enjoy a wider range of functions and mobile services. (3) Deliver, activate, or verify the services you have requested, or perform changes and provide technical support and after-sales services for the foregoing services based on your requirements. (5) Provide personalised user experience and content. (6) Send you information about products and services you might be interested in, invite you to Humble Bear promotional activities and market surveys, or send marketing information to you. (7) Carry out internal auditing, data analysis, and research; analyse business operation efficiency and measure market shares; and improve Humble Bear’s products and services. (8) Synchronise, share, and store the data you have uploaded or downloaded, as well as the data needed for the upload and download operations. (9) Improve our loss prevention and anti-fraud programmes. (10) Process pursuant to laws and regulations, e.g. tax, authority requests. (11) Other purposes within specific services or with your consent.
C. How Humble Bear Shares Your Personal Data
We do not share personal data with other companies, organisations and individuals unless one of the following circumstances applies: (1) Sharing with consent: After obtaining your consent, Humble Bear will share the information that you have authorised with specified third parties or categories of third parties. (2) Sharing pursuant to laws and regulations: Humble Bear may share your information as required by laws and regulations, for resolving legal disputes, or as required by administrative or judicial authorities pursuant to law. (3) Sharing with Humble Bear group affiliates: Your information may be shared within Humble Bear’s affiliates only for explicit, and legitimate purposes, and the sharing is limited only to information required by services. (4) Sharing with business partners: Some products and/or services are provided to you directly by our partners. Humble Bear also may share your information with them, they may use your information to provide you with products and/or services you request (e.g., products sold by third-party seller through Humble Bear’s e-commerce platform, data content provided by other companies through Humble Bear’s applications), make predictions about your interests and may provide you with advertisements, promotional materials and other materials. (5) Sharing with service providers: Humble Bear also may disclose your information to companies that provide services for or on behalf of us. Examples of these service providers include companies that provide hotline services, send email, or provide technical support on behalf of Humble Bear. The service providers can use your information only for the purpose of providing services to you on behalf of Humble Bear. (6) Humble Bear will share your information when there is a reasonable requirement to do so, for example, to meet a request of applicable law, regulation, legal process or enforceable government. In scenarios 3 to 6, Humble Bear will ensure that the lawfulness of this sharing and sign stringent non-disclosure agreements (NDAs) and/or data processing clauses with the companies, organisations, and individuals with whom personal data is shared, requiring them to comply with this Statement and take appropriate confidentiality and security measures when processing personal data.
D. How Humble Bear Protects Your Personal Data
Humble Bear attaches great importance to the security of your personal data and has adopted standard industry practices to protect your personal data and prevent it from unauthorised access, disclosure, use, modification, damage, or loss. To this end, Humble Bear takes the following measures: (1) We take reasonable and feasible measures to ensure that the personal data collected is minimal and relevant to what is necessary in relation to the purposes for which they are processed. We retain your personal data for no longer than is necessary for the purposes stated in this Statement and privacy notice of specific product or service, unless extending the retention period is required or permitted by law. (2) We strictly select business partners and service providers and incorporate personal data protection requirements into commercial contracts, audits, and appraisal activities. If any personal data incident occurs, Humble Bear will notify you, pursuant to relevant legal and regulatory requirements, of the basic information about the security incident and its possible impact, measures that Humble Bear has taken or will take, suggestions about active defense and risk mitigation, and remedial measures. The notification may take the form of an email, text message, push notification, etc. If it is difficult to notify data subjects one by one, we will take appropriate and effective measures to release a Security Notice. In addition, we will also report the handling status of personal data security incidents as required by supervisory authorities.
7. Reservation Of Rights
Humble Bear reserves the right to perform the following actions at any time without giving notice: 1. Suspend or terminate operation of, or access to, all or part of this website at any time, irrespective of the reason. 2. Fix or alter all or part of the Content of this website as well as any applicable policies, terms, or clauses. 3. Suspend operation of all or part of the website for the purposes of maintenance, alteration of errors, or other such changes at regular or irregular intervals.
8. Disclaimer
Humble Bear does not guarantee the availability, continuity, and accessibility of this website, its content, or its services. This website and its content are provided on an 'as is' basis. You, as the user, bear all responsibilities for usage of this website and any website linked to it. Should you feel dissatisfied with all or any part of this website, your only course of remedial action is to stop using all or part of this website, as limitation of remedies constitutes part of your agreement with Papsales with regard to usage of this website. Information published on this website regarding types of products and services available, including but not limited to product functions, configurations, parameters, technical standards, and service content, may differ based on country or region. The functions, configurations, parameters, and technical standards of any given product may be adjusted at different stages of that product's life cycle, and it may take some time for Humble Bear to update the corresponding information. Therefore, there may be some variations between the product and service information you see on this website and the actual product you purchase or products for sale in your market. Humble Bear does not guarantee the correctness, completeness, or reliability of the content of this website.
9. Limitation Of Liabilities
Except where forbidden by law, under all circumstances, Humble Bear will accept no responsibility for all indirect, derivative, incidental, collateral, or punitive damages that may be incurred from usage of this website, including but not limited to profit loss, even if Humble Bear is already aware of the potential risks. If your use of this website results in any form of damage or loss, the complete and maximum liability that Humble Bear and its partners assume shall not exceed the total sum of any subscription fees or similar fees related to your use of the services or functions of this website. Some jurisdictions may not allow such limitation of liability. Therefore, the aforementioned restrictions may not be applicable to you.
10. Indemnity
In the event of any third-party request, loss, liability, proposition, or expense (including lawyer's fees) brought against Humble Bear arising from or relating to your usage of this website, you agree to indemnify and hold Humble Bear, its directors, employees, agents, partners and other licensed persons, harmless.
11. Independent Remedies
The clauses in Article 9 "Limitation of Liabilities" and Article 10 "Indemnity" of this Agreement take effect independently, even if it is determined that such articles and / or clauses are unable to fulfill the intended purpose or be enforced by law. Within the scope permitted by related laws, the limitation of liability stipulated in Article 9 and Article 10 in these Terms of Use shall be applicable, irrespective of whether the loss is due to (1) breach of contract, (2) breach of guarantee, (3) errors or infringements, including negligence or misrepresentation, (4) strict liability, (5) or any other reasons.
12. Feedback
Any feedback you provide on this website is regarded as non-confidential. Humble Bear reserves the right to freely use this information without limitation.
13. Breach Of These Terms Of Use
You agree that Humble Bear reserves the right to terminate your access to this website and / or block you from visiting this website in the event that Humble Bear deems you to have breached any of these Terms of Use. If Humble Bear revokes your access to this website as a result of you having breached these Terms of Use, Humble Bear assumes no liability towards you or any third-party. You agree that Humble Bear can solely decide, without prior notification, to terminate your access to all or part of this website's functions, for reasons including but not limited to: (1) In response to the requests of law enforcement agencies or other government institutions. (2) In response to your own request. (If you request the deletion of your Humble Bear ID, you may be unable to access online shopping functions.) (3) The suspension or major modification of this website or any of its services. (4) Unforeseeable technical issues.
14. Miscellaneous
These Terms of Use constitute the full agreement between yourself and Humble Bear with regard to your usage of this website, and they replace any and all prior written or oral agreements between yourself and Humble Bear with regard to usage of this website. Notwithstanding the stipulations of other agreements signed between yourself and Humble Bear, Humble Bear will not accept any counter-offers with regard to these Terms of Use, and hereby expressly refuses all counter-offers. If Humble Bear fails to uphold or demand the strict execution of these Terms of Use, this should not be deemed as a waiver on the part of Humble Bear of any rights pertaining to the execution of these Terms of Use, or the Terms of Use themselves. No action taken between Humble Bear and yourself or a third-party should be deemed as an alteration to any of the stipulations of these Terms of Use.