Serai B2B Network Terms of use

Welcome to Serai’s B2B Network (Serai Network).

Serai Network gives small medium enterprises the ability to connect, collaborate and do business with other companies. Company profiles are at the heart of the platform and through these profiles, we allow users to create and establish an identity on Serai Network that others can trust.

On Serai Network, users can consume services, trade and transact with other businesses. Whether they are doing trade digitally or building and deepening their business relationships, the more activities they perform on Serai Network, the stronger their identity becomes, giving them better access to various offerings. Serai Network can be accessed via:

  • seraitrade.com
  • seraitrade.net
  • network.seraitrade.net, or
  • any other applications or software we provide.
When you use Serai Network, you agree to these Serai B2B Network Terms of use (Serai Network Terms).

Please read these Serai Network Terms carefully. We strive to create a safe and professional community for our users, and your compliance with these Serai Network Terms supports this.
Last updated: 08 December 2021
We know that legal terms can sometimes be difficult to navigate. For your reference, here is a brief roadmap of these Serai Network Terms.

About Serai and these Serai Network Terms

Serai operates and provides Serai Network to you.

You confirm that by using Serai Network, you and your Company agree to these Serai Network Terms. We may update these Serai Network Terms from time to time. By continuing to use Serai Network, you are agreeing to the revised Serai Network Terms.

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You are responsible for what you share on Serai Network

You control your Profile and are responsible for the maintenance of what content you share on Serai Network. You confirm that you have the rights to the content you share, and will not hold us liable for what may happen as a result of what you share.

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Operating your Account

You are also responsible for your Account’s security and information. Contact us if your Account is accessed without authorisation.

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Use of Serai Network and Serai Network Content

Please be responsible on Serai Network. You can use Serai Network Content to build your business network and access opportunities. You also grant Serai the right to use your Profile and information about you to enable our services.

Serai Network Content is provided as general information only. We do not warrant or guarantee that Serai Network Content is accurate, complete, up to date or suitable for any purpose.

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We are not responsible for Third Party Content

We cannot guarantee that Third Party Content is accurate, complete, up to date or suitable for any purpose. You will not hold us liable for anything related to Third Party Solutions or Third Party Content.

You may be subject to additional terms, conditions and restrictions when accessing Third Party Content.

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Paid services and payment

Some services on Serai Network are paid services. Failure to pay the applicable fees may result in termination of such services. All payments are non-refundable.

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Intellectual property

All Serai Intellectual Property belongs to us. You grant us a right to use your intellectual property and trademark for displaying on Serai Network. We also need you to respect others’ intellectual property. To protect all users, we may remove any content that breaches these Serai Network Terms.

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We Process your information and may share your information with others

We Process your information and may share it with selected third parties to enable you to access Serai Network services or when required by law. Information will only be shared when it is necessary or if there is a legal basis to do so.

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You are responsible for your online security using Serai Network

We have worked to ensure that Serai Network is secure. You can help by using your own virus protection software.

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You are responsible for your losses and damages from using Serai Network

We will not be liable for any of your losses and damages from your use of Serai Network. In any event, our total liability is limited to HK$1,000 or the fees you have paid us in the 6 months before your claim, whichever is higher.

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Your use of Serai Network may be interrupted or suspended

Your use may occasionally be interrupted. We may also suspend your use if we suspect any misuse.

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Serai Network is not available to Sanctioned Persons or in Sanctioned Territories

Serai Network is not intended for Sanctioned Entities or users located in Sanctioned Territories.

See Term >

Either you or we can terminate these Serai Network Terms and stop your use of Serai Network

These Serai Network Terms are valid until they are terminated. Both you and Serai may terminate these Serai Network Terms at any time. Upon termination, you must stop using Serai Network.

See Term >

If any part of these Serai Network Terms is invalid, we will change it to make the Serai Network Terms valid

A change or addition to these Serai Network Terms under this clause does not affect the validity of other parts of these Serai Network Terms.

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These Serai Network Terms are governed by Hong Kong law and arbitration

We use Hong Kong law to govern our relationship with you. Any disputes will be resolved by arbitration in Hong Kong.

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1. About Serai and these Serai Network Terms

1.1 Serai Limited (us, we or Serai) operates and provides Serai Network to you.

1.2 Serai’s business address is: Level 23, One Island East, 18 Westlands Road, Quarry Bay, Hong Kong. 

1.3 You become a Serai Network user by creating a Serai Network account (Account) or by associating yourself with a business profile on Serai Network (Profile). Your Company means the business represented by the Profile or Account that you are associated with. A business may be:

  • a legal entity (such as a company)
  • a group of companies
  • a partnership, or
  • a sole proprietorship.

1.4 Our Privacy Policy and Use Policy form a part of these Serai Network Terms and are hereby incorporated by reference.

1.5 As a user, you confirm that you accept these Serai Network Terms as an individual. If you are the first user associated with your Company, you also agree to these Serai Network Terms on behalf of your Company and you will automatically become an Admin for your Company on Serai Network.

To use Serai Network, you need to agree to these Serai Network Terms and revisions

1.6 If you do not agree to these Serai Network Terms, please do not use Serai Network. These Serai Network Terms replace all other verbal or written terms and conditions that suggest different terms between you and Serai. By using Serai Network, you do not become an employee, an agent, or a partner of Serai.

1.7 We may update and make adjustments to Serai Network. We reserve the right to change these Serai Network Terms at any time without notice. We may notify you about changes to these Serai Network Terms. If you continue using Serai Network after the changes apply, you are agreeing to the revised Serai Network Terms. Please visit our website regularly to review these Serai Network Terms.

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2. You are responsible for what you share on Serai Network

2.1 You control your Profile and what you share on Serai Network. Your Admins and Editors can edit the content shared on Serai Network at any time.

2.2 You agree that your Profile and your activities on Serai Network may be viewed by anyone accessing Serai Network, including the public.

You confirm that you have rights to the content you share

2.3 You guarantee to us that you have the rights to all the content you share on Serai Network. This includes:

  • getting the owner’s consent before sharing third party content or trademarks on your Profile
  • not infringing (or causing Serai to infringe) any third party intellectual property rights, and
  • not publishing or sharing any content on Serai Network that is under any confidentiality, non-disclosure or secrecy obligations.

2.4 You agree to indemnify and hold us harmless against any liability, claims or demands arising from the content you share on Serai Network.

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3. Operating your Account

3.1 To use Serai Network, you must set up an Account. Please only use your Account to send us instructions and requests. This includes:

  • adding a connection
  • adding an Account for your Company
  • designating an Admin or Editor for your Company
  • editing content shared on Serai Network, and
  • purchasing Serai Network services.

3.2 There are three user types on Serai Network: Admin, Editor and User. Each Company must have at least one Admin at all times. 

3.3 You are responsible for your Account’s security and information. This includes:

  • ensuring your user name and password are kept confidential at all times
  • setting up, maintaining and reviewing the security of your Account
  • ensuring that your Account is only used and managed by authorised users in your Company, and
  • remembering to log-off after your session, especially when using a public device or network.

3.4 You are responsible for ensuring that when a user is no longer authorised to use their Account that they give up access to or deactivate their Account.

We only respond to requests from your Account

3.5 We can act on such requests and instructions without asking about their authenticity or verifying the user making the requests. You are responsible for all requests and instructions coming from your Account. This is true whether they are authorised, unauthorised, inaccurate, mistaken, or fraudulent. You agree to indemnify and hold us harmless against any liability, claims or demands arising from such requests and instructions.

Contact us if your Account is accessed without authorisation

3.6 We will never ask you for your password. Notify us if you become aware of, or suspect, any unauthorised access of your Account or Profile at security@seraitrade.com. This includes:

  • any unauthorised use of your user name and password
  • any unauthorised transactions on Serai Network, and
  • any loss, theft, disclosure or compromise of content.
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4. Use of Serai Network and Serai Network Content

4.1 Except as expressly specified otherwise and to the extent permitted under relevant laws, Serai owns all right, title and interest or has obtained all necessary licences in and to Serai Network and Serai Network Content, including commercial rights and Serai Intellectual Property.

Serai Network Content is any information made available by Serai or available on Serai Network, including content from other Serai Network users, the public domain or other third party sources (including Third Party Solution providers). Serai Network Content includes Third Party Content.

4.2 Subject to these Serai Network Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to use Serai Network and Serai Network Content.

4.3 Serai Network Content is provided as general information. It is not intended to be formal advice. Please get professional or specialist advice before taking or refraining from any action based on the Serai Network Content. 

4.4 We strive to create an environment of accurate and useful information. However, we do not warrant or guarantee that Serai Network Content is accurate, complete, up to date or suitable for any purpose. 

4.5 By using Serai Network, you grant Serai the right to use and create compilations and derivative works from content shared by you and your Company on Serai Network or may be found in the public domain for commercial or other purposes. Such content includes your Company’s websites and social media.

4.6 We may use your Profile and information about your activities on Serai Network to enable and enhance Serai Network and its services. We may also use this information to recommend business services to you and to conduct commercial exploration of big data applications.

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5. We are not responsible for Third Party Content

5.1 Serai Network may contain links to other websites or content or information provided by third party sources (Third Party Content).  

5.2 Where you access products or services provided by a third party or Third Party Content via Serai Network (Third Party Solutions), you may be subject to additional terms and conditions and privacy notices specific to the Third Party Solutions.  

5.3 You will look solely to the Third Party Solutions providers for any loss, claims or damages arising from, or related to, the provision of such solutions. You specifically release Serai from any and all claims arising from or relating to the access or provision of any such Third Party Solutions. You agree that we are not a party to the contract between you and any Third Party Solutions providers from whom you access any solutions.

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6. Paid services and payment

6.1 You agree to pay the applicable fees and taxes for your paid services. Failure to pay these fees may result in the termination of such services. Also, you agree that:

  • your access may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates), and
  • if you subscribe for a Premium Account, your selected payment method will be charged automatically at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel your subscription before the renewal date.

6.2 Except as required by law, payments are non-refundable, including fees and other charges.

  • If you cancel your subscription for paid services, all of your paid services will expire at the end of your billing cycle.
  • Pay-per-action solutions delivered and charged are non-refundable.

6.3 We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

Serai’s Payment Processor 

6.4 Serai is not responsible for processing any payments. We use a third party payment processor (Payment Processor) to assist in processing your payment information when you make a purchase on Serai Network.

6.5 When you make a purchase on Serai Network, the relevant Payment Processor’s terms of service and privacy policy shall govern and apply to information collected via your transaction. We encourage you to read the terms of service and privacy policy of the relevant Payment Processor prior to providing any information regarding payment.

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7. Intellectual property

Respect intellectual property rights when using Serai Network

7.1 We respect the intellectual property rights of others. We want to offer a platform where no content violates those rights. We reserve the right to remove any content that is in violation of these Serai Network Terms. Give us notice at hello@seraitrade.com if you believe that someone on Serai Network is:

  • infringing your intellectual property or posting your proprietary content, or
  • conducting themselves in a way that is in breach of these Serai Network Terms.

7.2 You agree that we own all rights, title and interest in Serai Network and all intellectual property in or relating to Serai Network (Serai Intellectual Property) which includes:

  • graphics and visual design
  • source codes
  • service names
  • copyrights and copyrighted content
  • database and datasets (including all compilation rights)
  • know-how and trade secrets
  • all other content and works about or generated in the course of operation of Serai Network.

Your license to Serai

7.3 You grant to Serai a non-exclusive, worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process your Company name, brand, logo and registered or unregistered trademarks (Brand Assets) that you provide onto or via Serai Network without any further consent, notice and/or compensation to you or to others. You can end this licence for your Brand Assets by deleting such content from Serai Network, or generally by closing all the Accounts associated with your Company, except:

  • to the extent you shared your Brand Assets with others on Serai Network and they copied, re-shared it or stored it, and
  • for the reasonable time it takes to remove from backup and other systems.

7.4 Users may give feedback to us on the services and functions of Serai Network. Once you give feedback to us, the feedback belongs to us exclusively. Any interest or intellectual property rights which may have been generated from your feedback will be owned by us. We may use your feedback and use it on Serai Network without your permission and without compensating you.

7.5 You may only use Serai Intellectual Property to access or use Serai Network or its services for its intended purposes. You cannot use it for any other personal or commercial use.

7.6 Nothing in these Serai Network Terms grants any licence or right to use Serai Intellectual Property unless you have our express permission.

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8. We Process your information and may share your information with others

8.1 By using Serai Network and subject to clause 7.3, you grant Serai the right Process and create compilations and derivative works from information shared by you and about you, including your Company’s websites and social media.

Process means performing operations on data, including collecting, recording, storing, modifying, using, disclosing and disseminating.

8.2 We Process your personal data in accordance with our Privacy Policy and will only disclose information to third parties where it is necessary, such as to process your transactions or if there is a legal need to do so.  

8.3 You must provide certain information when you register for an Account and use Serai Network. 

8.4 Where you provide personal data about another person, you must direct that person to our Privacy Policy. You must tell them how we may use their personal data, and get their permission to share their details with us.  

8.5 Use of messaging on Serai Network is subject to our Use Policy. Serai can view your messages for moderation and data analytics.

8.6 We may transfer or disclose information about you and your Company to:

  • employees of Serai
  • any member of our group, including our ultimate holding company and its subsidiaries and affiliates
  • other users of Serai Network, or
  • any third parties providing services to us in the operation of our business, including:
    i) agents, contractors, and service providers
    ii) administrative support and services, and
    iii) telecommunications, computer, payment, processing or investigation services
  • any Third Party Solution providers
  • any persons under a duty of confidentiality to us who need the information for their duties (including auditors and advisors)
  • persons with whom we are legally required to share information in or outside of Hong Kong, including:
    i) the government
    ii) regulatory authorities
    iii) law enforcement bodies
  • fulfil a request from a regulatory authority or law enforcement body.

8.7 All of the information transfers described in clause 8.6 above may occur anywhere in the world.

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9. You are responsible for your online security when using Serai Network

9.1 Although we have worked hard to ensure that Serai Network is secure, we do not guarantee that Serai Network will be secure or free from bugs or viruses. Your use of Serai Network is entirely at your own risk. You should use your own virus protection software.

9.2 Transmitting information over the Internet or mobile networks is not completely secure. The security measures above do not remove the possibility of fraud or cyber-attacks, such as hacking, spyware and viruses. We do not guarantee that our servers or network will be immune from such attacks. Although we will use security measures to protect your content, we cannot guarantee the security of information transmitted to and from Serai Network over the Internet or mobile network. We are not liable for any loss or damage arising from risks relating to any transmission.

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10. You are responsible for your losses and damages suffered from using Serai Network

10.1 Any losses and damages associated with installing or using Serai Network will be wholly assumed by you. We are not liable for any loss resulting from any action taken or reliance made by you based on any Serai Network Content.

10.2 To the fullest extent allowed by law, we will not be responsible for any direct or indirect losses and damages resulting from your use of Serai Network, regardless of whether such losses and damages come from these Network Terms or by our negligence. We will also not be liable regardless of whether we knew that you would have incurred any loss from our actions.

10.3 In any event, our total liability (unless involving personal injury) towards you is capped at the higher of (a) HK$1,000 and (b) the total amount of fees paid by you to Serai in relation to your use of Serai Network in the 6 months preceding the claim.

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11. Serai Network service may be interrupted or suspended

11.1 We do not guarantee that Serai Network, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict all or any part of Serai Network for operational reasons. For example, this may occur during maintenance, to implement service upgrades or when there is a suspected breach of security.

11.2 We may also suspend or revoke your right to use all or any part of Serai Network if you breach these Serai Network Terms or misuse Serai Network. This also applies if you are suspected of misusing Serai Network.
 
11.3 We will try to give you reasonable notice of any suspension. We are not liable to you for any disruptions caused by any suspension if we were unable to provide you with reasonable notice.

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12. Serai Network is not available to Sanctioned Persons or in Sanctioned Territories

12.1 Serai Network is not available to Sanctioned Persons. By using Serai Network and agreeing to these Serai Network Terms, you confirm that your Company is not a Sanctioned Person. You also confirm that nobody involved in your Company is a Sanctioned Person. This includes you, your shareholders, directors, and individuals or organisations who own or benefit from your Company.   

12.2 Users in or ordinarily resident in a Sanctioned Territory cannot access Serai Network. This includes using IP proxies, VPNs, or other methods to disguise their location for accessing Serai Network.  

12.3 You cannot use Serai Network for or on behalf of any Sanctioned Person.

Definition of Sanctioned Person, Economic Sanctions Law and Sanctioned Territory

12.4 Sanctioned Person means any person or organisation designated as a Sanctioned Person on the following lists.

This also applies to persons or organisations that are:

  • part of a government of a Sanctioned Territory
  • owned or controlled, directly or indirectly, by, or acting on behalf of, any persons on any of the lists above
  • incorporated within, located within, or operating from a Sanctioned Territory and subject to any Economic Sanctions Law, and
  • targeted under any Economic Sanctions Law.

12.5 Economic Sanctions Law means any laws, regulations, or other orders that apply to you or us that relate to:

  • economic or trade sanctions
  • export control
  • non-proliferation, and
  • anti-terrorism or similar restrictions.

These include Economic Sanctions Laws of:

  • the European Union
  • any EU member state
  • the United Nations
  • the United States of America
  • the People’s Republic of China
  • Hong Kong SAR, and
  • any other jurisdiction applicable to you or us.

12.6 Sanctioned Territory means any country or other territory subject to a general embargo under Economic Sanctions Law. This includes exports, imports, and financial or investment embargoes.

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13. Either you or we can terminate these Serai Network Terms and stop your use of Serai Network

13.1 These Serai Network Terms are valid and effective until terminated in accordance with this clause 13.

13.2 We may terminate the operation of Serai Network, your right to use Serai Network or we may deactivate or remove your profile at any time for any reason, without providing you with notice and without being liable to you.

13.3 You may also terminate these Serai Network Terms at any time for any reason. 

13.4 If either you or we terminate these Serai Network Terms, you must stop all use of Serai Network. 

13.5 After these Serai Network Terms are terminated, these clauses will continue to apply to you, your Company and Serai:

  • 8 (Data Protection)
  • 10 (Limitation ofLiability)
  • 13 (Termination)
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14. If any part of these Serai Network Terms is invalid, we will change it to make the Serai Network Terms valid

14.1 If any part of these Serai Network Terms may be or become invalid, illegal, or unenforceable (invalid), you agree that these Serai Network Terms are automatically changed by the necessary minimum to make them valid.

14.2 If this minimal change is not possible, the invalid parts will be considered deleted. A change or addition to these Serai Network Terms under this clause does not affect the validity of other parts of these Serai Network Terms.

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15. These Serai Network Terms are governed by Hong Kong law and arbitration

Hong Kong laws apply

15.1 You agree that these Serai Network Terms will be governed by Hong Kong law. Disputes around the Serai Network Terms will be resolved by arbitration in Hong Kong

15.2 Any dispute, controversy, difference or claim arising out of or relating to these Serai Network Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it will be referred to and finally resolved by arbitration pursuant to the HKIAC Domestic Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause will be Hong Kong law. The seat of arbitration will be Hong Kong. The number of arbitrators will be one. The arbitration proceedings will be conducted in English.

Both parties can seek a court order

15.3 Nothing in our Serai Network Terms prevents us from seeking urgent injunctive or similar relief from any court of competent jurisdiction if we need to enforce our rights under these Serai Network Terms. You irrevocably agree that the courts of Hong Kong have non-exclusive jurisdiction to settle any such dispute or claim.

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