By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you ") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Effective as of 1 April 2017.
The Agreement is between you and TMTM Ltd. The Agreement is valid for an unlimited time until termination by either TINAVAT or the user.
If you have any questions, please refer to the FAQ section of the Site or contact our Customer service.
TINAVAT may require you to have a bank card validated in the last 60 days to use all features of the Services.
1. TINAVAT is a Venue
1.1 TINAVAT acts as a venue to allow users, who comply with TINAVAT's policies to offer or request services and leisure activities or to lend or borrow items or even sell and buy just about anything that is not prohibited by law. TINAVAT provides a platform for the users where demand meets supply through the listings created by the users and the bids submitted to the listings by other users. A listing can be created by any user having a bank card validated in the last 60 days. A listing can be created by a user who intends to
1.2 Whoever creates a listing is called the Advertiser. All user having a bank card validated in the last 60 days who are entitled to see a listing may bid for such listing, and anyone submitting a bid for the listing is called a Bidder.
1.3 A listing is a publication on the Site that is created by the Advertiser for providing or taking services or leisure activities or lending or borrowing items or selling or buying items, and which is defined by its subject, location, timing, minimum or maximum price and other relevant factors.
1.4The listing will define who will be the Payee and who the Payer of the transaction between the Advertiser and the winning Bidder. If you are an Advertiser who would like to receive a certain service or take part in an activity or borrow an item or buy an item, and you pay the winning price for it, you will be the Payer in that transaction. If you are an Advertiser who has services to offer or an item to lend or an item to sell or a leisure activity to provide, and you receive the winning price for it, you will be the Payee in that transaction. If you are a Bidder who would like to receive a certain service, or take part in an activity or borrow an item or buy an item, you will be the Payer in that transaction. If you are a Bidder who has services to offer or lend an item or sell an item or arrange a leisure activity, you will be the Payee in that transaction.
1.5 Both Payer and Payee may create a listing.
1.6 A listing is an offer. It is a binding statement of the Advertiser. The Advertiser may not cancel or modify the listing except.
1.7 A bid on TINAVAT is a binding statement and the binding listing combined with the binding bid is considered a contract. You're obligated to provide or take the service, join or arrange the leisure activity, lend, borrow, purchase or sell the item. If you had a winning bid and you no longer want to provide or take the service, arrange or join the leisure activity, lend or borrow, sell or buy the item, you must contact the Advertiser.
1.8 The amount of such a bid that is declared by the Advertiser or TINAVAT – as a result of the winner selection process – as the winning bid and that is paid by the Payer to the Payee for the object of the listing is called the winning price.
1.9 Although the listing is set up in an auction style format, but in some cases it is not an auction, because it can be the case that not the strongest bid will be the winner of the listing. It may be also the case that the listing is set up in a way that certain amount automatically means a winning bid. It depends on the settings of the listing, for example if the Advertiser selects the winner(s) manually.
1.10 If you as an Advertiser set up a listing in a way that you have the right to select the winning bids, you have restricted time to do so. If there are 24 hours or less between the close of the bidding phase and the earliest possible start of the service, or activity, or delivery time, you have 15 minutes to select the winning bid(s) calculated from the close of the bidding phase. If there are 48 hours or less between the close of the bidding phase and the earliest possible start of the service, or activity, or delivery time, you have 60 minutes to select the winning bid(s) calculated from the close of the bidding phase. If there are 72 hours or less between the close of the bidding phase and the earliest possible start of the service, or activity, or delivery time, you have 3 hours to select the winning bid(s) calculated from the close of the bidding phase. If there are 168 hours or less between the close of the bidding phase and the earliest possible start of the service, or activity, or delivery time, you have 12 hours to select the winning bid(s) calculated from the close of the bidding phase. If there are 336 hours or less between the close of the bidding phase and the earliest possible start of the service, or activity, or delivery time, you have 24 hours to select the winning bid(s) calculated from the close of the bidding phase. If there are more than 2 weeks between the close of the bidding phase and the earliest possible start of the service, or activity, or delivery time, you have 48 hours to select the winning bid(s) calculated from the close of the bidding phase.
1.11 As soon as a Bidder is declared as winner of a listing, a contract between the Advertiser and the Bidder is concluded. The actual contract for provision of services, lease or sale is directly between the Advertiser and winning Bidder. TINAVAT is not a traditional auctioneer. TINAVAT is not directly involved in the transaction between the Advertiser and the winning Bidder.
1.12 TINAVAT has no control over the quality, safety, morality or legality of any aspect of the services, activities or items listed, the truth or accuracy of the listings, the ability of sellers to sell items, the ability of service Payees to provide the service or (at the time of the bidding process) the ability of buyers to pay for items or the service. TINAVAT does not pre-screen users or the content or information provided by users. TINAVAT cannot ensure that an Advertiser or Bidder will actually complete a transaction.
1.13 Consequently, TINAVAT is not a party to the contract between the Advertiser and the Bidder nor assumes any responsibility arising out of or in connection with it. Furthermore TINAVAT is not the user's agent. The Payee is responsible for the provision of services, activities or lending the item or the sale of the products and for dealing with any Payer claims or any other issue arising out of or in connection with the contract between the Payee and Payer. TINAVAT does not transfer legal ownership of items from the Payee to the Payer.
1.14 TINAVAT cannot guarantee the true identity, age, and nationality of a user. TINAVAT encourages you to communicate directly with potential transaction partners on available channels.
1.15 You agree that TINAVAT is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on TINAVAT. You use the TINAVAT Service at your own risk.
2. Membership Eligibility
2.1 Age: TINAVAT's Services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. TINAVAT may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
2.2 The Sites and their contents are not targeted to minors (those under the age of 18) and we do not intend to sell any of our products or services to minors. However, we have no way of distinguishing the age of individuals who access our Site. Individuals under the age of 18 or any person who cannot form legally binding contract must at all times use TINAVAT's Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult or legal guardian is the user and is responsible for any and all activities.
2.3 Nationality: Services are only legally available to persons whose country of residence is listed and can be chosen among the undisclosed data of the profile owner.
2.4 Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by TINAVAT's policies as stated in this Agreement and the TINAVAT policy documents (if applicable to your activities or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by TINAVAT, each of which is incorporated herein by reference and each of which may be updated by TINAVAT from time to time. You will be notified about all modifications on the Site. You may be required to send us documents for identification purposes. In that event, you will be obliged to send the requested documents in the form as requested by TINAVAT. Failing to send the required documents in the form as requested may result in suspension or termination of your account.
2.5 Username: Your username cannot contain any contact detail (telephone number, URL, or any authentication, etc.), using any vulgar, obscene phrase in any language. TINAVAT shall have absolute discretion to determine whether any user name or other detail is vulgar or obscene.
2.6 Legal entities: If you are a legal entity, only a person may set up an account that has the right to represent that legal entity and may make legally binding statement in the name and on behalf of that legal entity under the laws of Hong Kong and under your local law. TINAVAT is entitled but not obliged to verify any power of attorney or other supporting document of the representative. If TINAVAT decides, in its sole discretion, to verify the power of attorney or other document, you are obliged to submit all documents requested by TINAVAT in the form as requested. You accept that you bear all costs connected to the submission of such documents. TINAVAT is entitled to suspend your account until the power of attorney or other document of your representative is satisfactorily verified.
2.8 Password: If you use any TINAVAT Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law, you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and you should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You agree to immediately notify TINAVAT of any unauthorized use of your password or any breach of security. You also agree that TINAVAT cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide the email address you use for identification and password information in combination to any party other than TINAVAT without TINAVAT's express written permission.
2.9 Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To buy items or to pay for any services on TINAVAT you must provide and maintain valid payment information such as valid bank card information. You cannot use TINAVAT if your account contains false contact information.
2.10 Account Transfer: You may not transfer or sell your TINAVAT account and user ID to another party. You are responsible for all activity of the account and user ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
2.12 Third-party links: Our Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by TINAVAT. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from TINAVAT, you do so at your own risk and you agree that TINAVAT will have no liability arising from your use of or access to any third-party website, service, or content.
2.13 Restricted Activities:
Your Content and your use of TINAVAT shall not:
2.14 There are certain activities that are not prohibited but restricted, including but not limited to activities that require a permit under your jurisdiction or under the laws of Hong Kong; these are only permitted if you have such permit and state this in the free text part of your listing.
2.15 If we believe or discover that you are abusing TINAVAT in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse. This may result in limiting, suspending, or terminating your user account(s) and access to our Services, delaying or removing hosted content, removing any special status associated with your account(s), reducing or eliminating any discounts, and taking technical and/or legal steps to prevent you from using our Services.
2.16 If your account doesn't meet minimum standards, you:
2.17 Our Services are accessible to international Advertisers and Bidders. We may offer certain programs, tools, and site experiences of particular interest to international Advertisers and Bidders, such as estimated local currency conversion. Advertisers and Bidders are responsible for complying with all laws and regulations applicable to the international sale, purchase, service provision and shipment.
2.19 Examples of fee avoidance:
3. Listing Conditions
3.1 When you create a listing,
3.2 We strive to create a venue where Advertisers and Bidders find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors. You may also restrict whom your listing will be shown.
3.3 As a user creating a listing, you're expected to:
3.4 You're required to meet the expectations you've set in your listing.
3.5 Each listing has its own condition, and shipping and fulfilment methods. Users on TINAVAT must meet TINAVAT’s standards of customer service and honour our policies. In the unlikely event that a transaction does not go as planned, the Advertiser and Bidder should work together to reach a resolution.
3.6 Be sure to follow the guidelines in this Term of Use. If you don't, your listings may be removed and you may be subject to a range of other actions, including restrictions of your transaction privileges and suspension of your account.
3.7 The listing page is where other users get most of their information about the service, item or activity. Information in the listing helps other users decide what to pay for and know what to expect when they receive a service or an item. It's important to make sure that the listing is only used to describe the service, item or activity and to communicate the terms of the transaction in a professional way.
3.8 You are required to:
3.9 You are required to include the following details in your listing:
3.10 Note: We reserve the right to request passport or other form of identification and residential proof such as utility bills verifying your address to comply with money laundering obligations. If you do not provide in the form and substance the required identification, your account will be suspended or terminated.
3.11 Respond promptly to any questions during the bidding process, as well as after the transaction has been closed. Communicate professionally, including emails. You may not use profane or offensive language with anyone.
3.12 You may not send anyone on TINAVAT inappropriate images including nudity, profanity, or other general content not related to a TINAVAT listing.
3.13 You are required to specify your return policy in your listings, even if you don't accept returns or do not return any payment after a service.
3.14 Photos and videos help the users to see exactly what they're getting or expected to give, as well as specific details they may be looking for. When listing used items, photos or videos are especially important because they let the users see the actual condition of the item along with other details like colour.
3.15 Items must be accurately represented in listings and listing photos or videos.
3.16 Be aware that the Payer(s) and the Payee(s) of any transaction can review each other.
3.17 Because transparency is paramount on TINAVAT, we ask the Payees to publicly list all members and, if pre-approved, any manufacturers involved in providing their service or creating their items.
3.18 Do not engage in fee avoidance.
3.19 Do not provide or sell prohibited services or items.
3.20 In order to maintain a safe and trusted venue and to help you provide the best experience for the other party to the transaction, TINAVAT monitors transactions that result in a negative experience. This may include but is not limited to:
3.21 If your customer service level is poor and it does not improve, further action may be taken against your account. Refusal or inability to provide a minimum level of customer service may ultimately result in the closure of your account.
4. Multiple Accounts Policy
4.1 Although you may have more than one account on TINAVAT, you may not have duplicate listings on TINAVAT only if you create the listing as multiplied listing. Duplicate listings are the same or similar types of services or items in more than one account, often using the same or similar photographs, descriptions, pricing, and branding (including shop banner, avatar, about page, and policies).
5. The Review System
5.1 Both parties to a transaction may receive feedback from the other party to that transaction. You have two feedback columns, one as Payee and one as Payer. Reviews can only be submitted by those users who took part in the same transaction.
5.2 Both the Payer and the Payee may receive a rating from -3 (being the lowest) up to +3 (being the best rating) from the other party of the transaction. Further the reviewing user may leave keywords review and a free text review as well. A user may leave a review within 180 calendar days from the closing of the bidding process. When a review is left the review will be publicly displayed in the reviewed user’s profile. The rating of the user as Payer and as Payee will be the average of the ratings given to such user as Payer and as Payee (respectively).
5.3 Please be aware that your feedback is not anonymous, your username and profile picture will be published next to the review you have given.
5.4 Feedback is an essential tool for letting other users know about your experiences with a user, and we encourage you to be honest. However, we don't allow misuse of feedback such as
6. Donating to a Charity or an NGO
6.1 If you are the Payer and you'd like to use a given transaction to engage in charitable fundraising in favour of a recognized charitable organization or non-governmental organisation (NGO), you may do it with TINVAT's help. You may select (deal-by-deal) a charitable organization or an NGO from our recognised charitable organisation/NGO database to be the financial beneficiary of your transaction. Please note that an icon will indicate your kindness. If you name any listed charitable organization/NGO in the free text part of your listing, such organization will be notified, and if the organization declines its approval of the use of its name, your listing will be deleted.
6.2 You must make contact with the listed organization to use their name, affiliation, and trademark. To promote any services or items using the name of a non-profit or legally-recognized organization, it is very important that you have proper consent. The organization can also help you answer any questions or concerns about how money is being spent. Please note that only those charitable organizations and NGOs can be supported that are listed by TINAVAT.
6.3 If you have any questions regarding the tax deduction possibilities in respect of your donation, please contact a tax expert, or the organisation directly.
7. Cancelling or Modifying a Transaction
7.1 Only the Advertiser may cancel or modify their listing and only before the bidding period has started. After the bidding period has started, the listing cannot be modified, and can only be cancelled if the Advertiser by creating the listing chose the option that enables cancellation before the bidding period elapses.
7.2 As Advertiser, if you are unable to complete a transaction, you must notify the other party to that transaction and cancel the transaction. If the other party has already submitted payment, you must issue a full refund. If the other party has already provided the service, you must make full payment. Payees are encouraged to keep proof of any refunds or reimbursement in the event a dispute arises.
7.3 If any law of the European Union is applicable to your transaction and the Payer is a consumer and the Payee is not a consumer, the Payer shall be entitled to cancel the transaction within 14 days after receiving the item or service. In such case the purchase price shall be refunded to the Payer after deducting any expenses incurred.
7.4 We suggest Payers create or make a bid for listing running with coded payment settlement option or mixed payment settlement option to ensure the benefits of such options if you are unhappy with the service, item or activity. Nevertheless, please be aware that even if the code, allowing the Payee to obtain the money, is not handed over to the Payee, all fees of TINAVAT apply.
7.5 If you wish to return an item or request a reimbursement because of unsatisfactory services, please review the Payee’s return/reimbursement policy before initiating a return or a request. Payee may specify requirements for returns or reimbursement such as time limits, restocking fees, and who pays for return shipping.
8. Prohibited Services and Items on TINAVAT
8.1 There are some types of services and items that are not permitted in TINAVAT's venue, even if they are legal and otherwise meet TINAVAT's listing criteria.
8.2 The following types of services or items may not be listed on TINAVAT:
8.3 The following items are strictly forbidden:
8.4 If you offer or require an item, service or activity that requires a special license or permit under your local law, under the law of the winning Bidder or under the laws of Hong Kong, you must refer in your listing to such fact and you must state that you have such permit or license and provide evidence if requested by TINAVAT or the Bidder.
9. Purchase Conditions
9.1 When bidding for a listing, you agree to the rules for Bidders and that:
9.2 We do not transfer legal ownership of items from the seller to the buyer. We cannot make the Payee provide any services or the Payer to take any service.
10. Rules about Bidding and Paying
10.2 You cannot bid on your own listing. If you know the Advertiser, you cannot bid on the listing with the intent to increase or decrease its price or desirability artificially. We call this malicious bidding and it not only violates our policies, it is against the law in many places. Buying/selling items or services from/to someone just to increase their feedback rating or improve their search standing is called malicious bidding and it is against our policies.
10.3 Be careful about bidding on several listings. If you're the winning Bidder of more than one listing, you need to purchase or sell all the items, or take or provide all the services you have won, even if they are the same or similar.
10.4 If the listing enables the Bidder to bid in the name and on behalf of more than one person to provide or take the object of the listing, your bid could refer to even such persons who are not registered users.
10.5 Never use bid retraction to manipulate the bidding process.
10.6 You cannot offer to provide or take services or sell or buy items outside of TINAVAT in a listing.
10.7 For a safer experience on TINAVAT, we do not allow listings that encourage, promote, facilitate, or instruct others to engage in illegal activity. If you take, borrow, buy a service or an item from a Payee in another country, you can't ask the Payee to mark the item as a gift in the customs declaration. This is illegal, and against our policies.
10.8 Because each listing on TINAVAT is unique, policies, processing times and shipping methods will vary. If you have a question about a service or an item or a listing, you should contact the user directly. When you bid on a listing, you accept the Advertiser’s terms, provided the listing complies with our listing policies. You're entitled to expect that the Advertiser will do what they've said with regard to shipping, payments and item returns. We do not require the Advertiser to fulfil requests that are outside of their terms.
10.9 Please note that you may be subject of tax and custom regulations, and you may pay extra amounts compared to the amount shown on the Site.
11. Winner selection process
11.1 As a part of our Service, a mathematical algorithm calculates automatically the strongest bid(s) to your listing after the bidding period is over. This service calculates and informs you which bid(s) offered the highest revenue if you are a Payee or which offered the lowest expenses, if you are a Payer. Please be careful if you make a decision based on such calculation. In this case TINAVAT shall not be liable for any damages whatsoever, inconnection with such calculation including without limitation, lost profits or consequential damages.
11.2 You may choose that TINAVAT, after such calculation, automatically declares the winning bid(s), thus the Bidder with whom you enter into the transaction. Please note that choosing this option, no subjective factors will be taken into consideration, and the declaration is based on a mathematical algorithm. Although we try to design such mathematical algorithm to fit for every possible listing, it may be the case that you are not satisfied with the winning Bidder. If you chose that the system shall declare the winning bid, you also accept that we are not liable, and you agree not to hold us responsible and hold us harmless for any damages or losses resulting directly or indirectly from such choice of yours.
12.1 Be honest and have good intentions when you try to resolve a transaction problem.
12.2 You cannot try to contact other users to "warn" them about that user.
13.1 If you want to report a policy violation: first, read the policy page that deals with the violation and make sure the other user is really breaking the rules. If you still want to report a user or a listing, click on the designated ”I report this” button.
13.2 Reports of policy violations must be specific and you must submit them with the intent of addressing a known or suspected violation of our policy. False reporting of policy violations can have serious consequences.
13.3 Report a listing only once.
13.4 When we receive your report, we look at all the circumstances, including the user's history, before we decide whether to take action. If we are unsure about something or cannot prove it with certainty, we may not take any action. In addition, we will not discuss the results of an investigation.
14. Transaction and Settlement
14.1 All transactions and settlements that require a license are carried out by licensed payment service providers and financial institutions.
14.2 In case the Bidder will be the Payer, the Bidder shall provide all bank card information necessary for the on-line bank card payment before he/she can submit a bid. In case the Advertiser will be the Payer, the Advertiser shall provide all bank card information necessary for the on-line bank card payment before he/she can submit the listing. If the Advertiser is the Payee by creating the listing, TINAVAT may crosscheck whether the Bidder has sufficient funds at the time of bidding before accepting the bid. In this case TINAVAT shall require the card issuer to put a hold on the Bidder’s bank card for few seconds. It may be the case that the Bidder’s account holder financial institution is not able to manage blocking requests for few seconds, only for a longer period of time, accordingly the exact timeframe of the blocking shall depend on the Bidder’s account holder financial institution.
14.3 After a winner is declared to a listing, the winning price (with the additional charges TINAVAT applies) will be debited from the bank card of the Payer.
14.4 Settlement of a transaction
14.4.1 Direct payment settlement option: where the listing is closed and a winner is declared, TINAVAT shall debit the winning price (with the additional charges TINAVAT applies) from the Payer’s bank card, and transfer it to the Payee’s e-wallet (after the deduction of the performance fees and other charges) automatically without any further conditions or codes after the quarantine period elapsed. Please note that in this case the Payee shall receive the winning price (reduced by fees and charges) after the quarantine period has elapsed even if the service or item agreed in the listing has not yet been provided.
14.4.2 Coded payment settlement option: you, as an Advertiser, may decide to settle the transaction with the help of the coded payment settlement option. In this case, where the listing is closed and a winner is declared, TINAVAT shall provide the Payer with a code. In the same time, TINAVAT shall debit the winning price (with the additional charges TINAVAT applies) from the Payer’s bank card. The Payer shall give such code to the Payee only if the Payer has received the service or item as promised. The Payer shall be obliged to give the code to the Payee if the Payer has received the service or item in the form and as described in the listing. After the Payer has given the code to the Payee, the Payer shall not be entitled to initiate any refund, chargeback, guaranty, warranty or indemnity against the Payee or TINAVAT. The Payee will only receive the winning price (after the deduction of the performance fees and other charges) if the Payee enters the code on the screen serving the feature to settle a coded payment. If no code is entered within 120 days after the winning bid was declared, the winning price decreased by our fees and expenses will be transferred back to the Payer via bank card infrastructure. The Payee will not get the winning price (decreased by fees and charges) before the quarantine period elapses, even if the Payee enters the code during the quarantine period.
14.4.3 Mixed payment settlement option. You, as an Advertiser, may decide to settle the transaction with the help of the mixed payment settlement option, which is a mixture of the direct and the coded settlement options. In this case when the bidding period of the listing is closed and a winner is declared, TINAVAT shall provide the Payer with a code. At the same time, TINAVAT shall debit the winning price (with the additional charges TINAVAT applies) on the Payer’s bank card. The Payer shall give such code to the Payee only if the Payer has received the service or item as promised. The Payer shall be obliged to give the code to the Payee if the Payer has received the service or item in the form and as described in the listing. After the Payer has given the code to the Payee, the Payer shall not be entitled to initiate any refund, chargeback, guaranty, warranty or indemnity against the Payee or TINAVAT. 25% of the winning price will be directly transferred to the Payee without any further codes or approval of the Payer after the quarantine period has elapsed. 75% of the winning price will be settled in accordance with the procedure as described in case of the coded payment settlement option. If no code is entered within 120 days after the winning bid was declared, 75% of the winning price decreased by our fees and expenses will be transferred back to the Payer via bank card infrastructure. Neither the 25% nor the 75% (decreased by fees and charges) is transferred to the Payee’s e-wallet before the quarantine period has elapsed.
14.4.4 Please note that in case of each settlement option, the Payee will receive the winning price (decreased by fees and charges) only after the quarantine period has elapsed, and that period may last up to 60 days calculated form the time we have collected the winning price from the Payer. Please also note that the Payee cannot get the winning price (decreased by fees and charges) later than 120 days calculated from the time when the winning bid was declared.
14.5 Settlement towards the Payee
14.5.2 All funds resulting from a completed transaction (winning price decreased by fees and charges) will be transferred automatically to the Payee’s e-wallet or to the e-wallet provider flagged with the Payee’s e-mail address after the quarantine period or the time when the Payee enters the relevant code.
14.5.3 TINAVAT is entitled to set off any of its claims against any amount, fund or winning price paid in favour the user.
14.5.4 If TINAVAT reasonably concludes based on information available to them that the Payee’s actions and/or performance in connection with payment transaction may result in disputes, chargebacks, or other claims, then we may, in our sole discretion, put into effect a hold, deposit delay, or reserve associated with any amount, funds or winning price. A hold may be put on funds associated with a particular payment transaction in the event of disputes or investigations associated with the listing for the shorter of: (a) 180 days after the estimated date of the service or delivery; or (b) completion of any investigation(s) regarding any Payee actions and/or performance in connection with the payment transaction. In the event of a dispute between TINAVAT and the user, TINAVAT has the right to detain funds under dispute till the dispute is resolved. Deposit delays are defined as the number of days between a payment transaction and the day the net amount from the sale becomes available for deposit, provided the payment has been completed as defined above. A deposit delay may be between 0 and 180 days. A deposit delay is applied across all payment transactions for all users. A reserve is defined as a fixed percentage of the funds delayed for a period of up to 180 days. We will not be liable to any user if we act in accordance with the provisions of this Section.
14.5.5 If the Payer initiates a chargeback procedure, the whole settlement procedure will be stopped and the Payee may receive the winning price only with significant delay or will not receive funds at all.
14.5.6 Any payment made by any user does not qualify as a deposit. TINAVAT does not under any circumstances pay interest and does not provide any other benefits associated with the duration of the payment or become liable for any payment in accordance with this Agreement.
14.6 In the case of listings set up with Cash payment settlement option the above points of Chapter 14 are not applicable. In the case of such listings, TINAVAT is not involved in the financial settlement between the Payer(s) and the Payee(s). When such listing is closed and a winner is declared, TINAVAT collects the Performance fee from the Payee’s bank card and the Transaction fee from the Payer’s bank card, and there is not further action performed by the system. The Payer and the Payee should manage the financial settlement of the given listing on their own.
15. Fee and Billing Policy
15.1 If you register on TINAVAT, you will be a user and may browse among the listings. However most of the advantages and features provided by TINAVAT will only be accessible if you are a user having a bank card validated in the last 60 days.
15.2 Card validation fee
15.2.1 Certain features that TINAVAT offers can only be obtained if you are not only a registered user but also a user having a bank card validated in the last 60 days. This means that you have to pay a validation fee. Users having a bank card validated in the last 60 days can benefit from different advantages.
To validate a bank card costs USD 1.00 or EUR 1.00 or HUF 300, depending on the choice of the user. Having a bank card validated in the last 60 days, you can
Please note that the bank card that you validate will be automatically registered as registered bank card.
15.2.2 If more than 60 days elapses since you validated a bank card, your registration will not be deleted, you can continue as a registered user, but you will lose all of the advantages connected to the case when you have a bank card validated in the last 60 days.
15.3 Performance fees
When you, being a Payee, make a transaction on TINAVAT, and the winning price is settled in favor of your e-wallet, you will be charged a performance fee of 2.00% of the winning price. This fee is assessed on the total amount of the winning price, including tax and shipping. This performance fee is deducted from the winning price as the funds can be transferred to your e-wallet. This percentage does not include any costs or taxes.
15.4 Transaction fee
In the case you are the Payer and the Advertiser and your listing has a winning Bidder(s) or if you are a Bidder whose bid has been declared winner you will be charged a transaction fee of 2.00 % of the winning price(s). The exact amount of the transaction fee will be calculated and shown to you before you submit your bid if you are a Bidder and before you submit your listing if you are an Advertiser. Transaction fee is assessed on the total amount of the bid (if Bidder is the Payer) or sum of the amount of all winning bids (if Advertiser is the Payer), including tax and shipping. This transaction fee is deducted from the amount the Payer is charged. This percentage does not include any costs or taxes. This fee can be released or decreased by TINAVAT in its sole discretion, in whole or in part, any time, also on a deal-by-deal basis.
15.5 Bank card registration fee
You shall pay a bank card registration fee each time when you register a new bank card through the bank card registration function.
The bank card registration fee of USD 0.25 or EUR 0.25 or HUF 100 (depending on the choosen currency) will be charged at the time when you register a new bank card.
15.6 Currency conversion
All fees that are listed on your TINAVAT bill are in the currency indicated in the given document. TINAVAT may display the price of a listing or your bid or other users’ bids in your local currency. Please note that this is only an option and may not be available in all currencies. Further please note that the amount displayed in your local currency is only an estimated converted amount. The estimated currency conversion is made on the basis of publicly available currency conversion websites at a conversion rate at that time, therefore it is for sure that the amount you actually pay will differ from the estimated converted amount displayed. You agree not to hold us responsible and hold us harmless, for any damages or losses resulting directly or indirectly from such estimated conversion tool.
15.7 Please note that the bank card payments are settled in the currency indicated in the system in relation to the deal or fee, regardless the currency of the user’s bank card. The amounts shown on the Site in USD or EUR or HUF are just indicative, because the exact paid amount is depending on the conversion rate applicable at the time of the debit.
15.8 Fees and Billing
Registering, searching among listings and profiles, furthermore setting up an account on TINAVAT is free. TINAVAT charges fees for using some features of TINAVAT for such as creating a listing, as well as a percentage of the bid when the listing sells. This fees policy, which is subject to change, is incorporated into this Agreement. Changes to the fees policy and the fees for TINAVAT's Services are effective after TINAVAT provides you with at least thirty (30) days' notice by posting the changes on the Site. However, TINAVAT may choose to temporarily change the fees policy and the fees for TINAVAT's Services for promotional events (for example, free listing days); such changes are effective when TINAVAT posts the temporary promotional event on the Site. TINAVAT may, at TINAVAT's sole discretion, change some or all of TINAVAT's Services at any time. In the event TINAVAT introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
15.10 If you need an invoice of the winning price (decreased by our fees and charges in regard to the Payer), you have to contact the Payee. TINAVAT will not issue any invoice on behalf of its users.
15.11 TINAVAT offers two payment methods for paying your fees: manual and automatic bill payment.
15.11.1 Automatic bill payment: The following terms apply if you are eligible and enrolled in the automatic payment method.
15.11.2 Manual bill payment: If your account is not enrolled in the automatic bill payment, and you prefer to be able to use all features of the application, you must validate a bank card using the relevant function of the application. You may validate your card anytime.
15.12 Transaction fees are added to the amount you have to pay and will be charged automatically together with the amount you have to pay.
15.13 Please note that we may employ a third party to facilitate payment services, including the holding, crediting, debiting of funds and currency conversion.
15.14 Fees and Termination: If TINAVAT terminates a listing or your account, if you close your account, or if the payment of your TINAVAT fees cannot be completed for any reason, you remain obligated to pay TINAVAT for all unpaid fees plus any penalties, if applicable. If the user's account is not paid in full and becomes past due, the user risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact TINAVAT.
16. Copyright and Intellectual Property Policy
16.1 TMTM Ltd. (“TINAVAT”) has adopted the following general policy toward copyright and intellectual property infringement in accordance with the laws of Hong Kong.
16.2 Procedure for Reporting Copyright or Intellectual Property Infringements:
If you believe that material residing on or accessible through the Site or Service infringes a copyright or other intellectual property right, to provide TINAVAT of notice of such infringement, you may send a notice of infringement to our customer service. Please specify the type of infringement at issue and the notice must include the following information:
16.3 Removal of Allegedly Infringing Material
Once proper bona fide infringement notification is received by TINAVAT, TINAVAT will remove immediately but not later than within 12 hours or disable access to the material infringing upon the intellectual property. If TINAVAT removes or disables access to content in response to an infringement notice, TINAVAT will make reasonable attempts to notify the allegedly infringing party (“Member”) that TINAVAT has removed or disabled access to the material within 3 business days. Repeat offenders will have all material removed from the system and TINAVAT will terminate such Members’ access to the service.
16.4 Procedure to Supply a Copyright Counter-Notice:
If a Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, the Member may send a counter-notice within 8 days. Please do not re-list or reactivate the material yourself. The counter-notice must contain the following information listed below:
17. Copyright, Authors' Rights and Database Rights
17.1 All content included in or made available through TINAVAT, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of TINAVAT or its content suppliers and is protected by Hong Kong’s and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through TINAVAT is the exclusive property of TINAVAT and is protected by Hong Kong’s and international copyright and database right laws.
17.2 You may not extract and/or re-utilise parts of the content of TINAVAT without our express written consent. You may also not create and/or publish your own database that features substantial parts of TINAVAT without our express written consent.
18.1 Graphics, logos, page headers, button icons, scripts, and service names included in or made available through TINAVAT are trademarks or trade dress of TINAVAT. TINAVAT’s trademarks and trade dress may not be used in connection with any product or service that is not TINAVAT's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits TINAVAT.
19. Related Policies
19.1 Listings and profiles may not include content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You are also responsible for ensuring that your listings comply with all applicable laws and regulations.
19.2 TINAVAT reserves the right to reject or remove any listing for any reason, in our sole discretion, including listings that negatively affect our relationships with our members or partners.
20. Electronic Communications Policy
20.1 TINAVAT is required to provide you with certain information regarding your use of TINAVAT’s Services in writing. This Electronic Communications Policy describes how TINAVAT will provide that information to you. By using any of the Services in any way, you agree to comply with and be bound by the terms of this Policy.
20.2 Communications Will Be Sent Electronically
When you use any TINAVAT Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the Site or send you personal notifications on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication. Annual reports, billing statements, transaction information, privacy disclosures, tax statements and other legal documents that will be provided to you electronically (collectively, “Electronic Communications”). The language of the communication between you and TINAVAT is English. TINAVAT may update this Policy by posting a revised version on TINAVAT’s website.
20.3 You can contact TINAVAT directly through our Customer service accessible on our homepage.
20.4 Delivery of Information
TINAVAT may provide you with Electronic Communications (a) by emailing them to you at the email address listed in your TINAVAT account, (b) by posting them on the TINAVAT website, or (c) by making them available via a website designated in an email notice to you.
20.5 Technical Requirements to Receive Electronic Communications
In order to receive Electronic Communications, you must have the following:
You may select to be notified about certain news occurring on TINAVAT, such as new listings of a kind or new users, status of a listing, status of your bid. Such notifications will only be sent to you if you request and in accordance with your request. You may select the language of such notifications,however this will not overrule the language of the communication agreed in this Agreement.
Pinging is a tool on TINAVAT that enables the user to contact another users. If you would like to have a transaction with a user, you may ping such user, if that user allowed this way of communication.
20.8 Withdrawing Consent for Electronic Communications
You may withdraw your consent to receive Electronic Communications at any time with giving your accurate postal address and by submitting a request to us at:
Room 815, 8/F, Star House, 3 Salisbury Road, Tsim Sha Tsui, Kowloon, Hong Kong.
20.9 Note that if you withdraw your consent to receive Electronic Communications, such withdrawal will only be effective after TINAVAT has had a reasonable period of time to process your withdrawal (usually 3 months). Additionally, if you withdraw your consent to receive Electronic Communications, TINAVAT may cancel your access to the Services.
20.10 Updating Your Contact Information
To ensure that you receive Electronic Communications, you should make sure that the contact information in your TINAVAT account is accurate. TINAVAT is not responsible for your failure to receive Electronic Communications if you failed to update your contact information.
21.3 Re-Posting Content: By posting Content on TINAVAT, it is possible for an outside website or a third party to re-post that Content. You agree to hold TINAVAT harmless for any dispute concerning this use. If you choose to display your own TINAVAT-hosted image on another website, the image must provide a link back to its listing page on TINAVAT.
21.4 Idea Submissions: TINAVAT considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and TINAVAT shall not be liable for the disclosure or use of such Material. If, at TINAVAT's request, any member sends Material to improve the site (for example through the forums or to customer support), TINAVAT will also consider that Material to be non-confidential and non-proprietary and TINAVAT will not be liable for use or disclosure of the Material. Any communication by you to TINAVAT is subject to this Agreement. You hereby grant and agree to grant TINAVAT, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting to you and without further recourse by you.
21.5 Information Control
TINAVAT cannot fully control the Content provided by users that is made available on TINAVAT. We do our best to avoid it but you may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretences.
21.6 Additionally, there may also be risks dealing with international trade and foreign nationals. By using TINAVAT, you agree to accept such risks and that TINAVAT (and TINAVAT's officers, directors, agents, subsidiaries, joint ventures and employees) shall not be responsible for any and all acts or omissions of users on TINAVAT. Please use caution, common sense, and practice safe buying and selling when using TINAVAT.
21.7 Other Resources: TINAVAT is not responsible for the availability of outside websites or resources linked to or referenced on the Site. TINAVAT does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that TINAVAT 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.
22. Resolutionof Disputes and Release
22.1 Disputes with TINAVAT: Any dispute, controversy, difference or claim arising out of or relating to this Agreement including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding the non-contractual obligation arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
22.2 The law of this arbitration clause shall be Hong Kong law.
22.3 The seat of arbitration shall be Hong Kong.
22.4 The number of arbitrator shall be one. The arbitration proceedings shall be construed in English language.
22.5 Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, TINAVAT encourages you to contact the user or third party to resolve the dispute amicably.
22.6 You may report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
22.7 You release TINAVAT (and TINAVAT's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
23. TINAVAT's Intellectual Property
23.1 TINAVAT, and other TINAVAT graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of TMTM Ltd. in Hong Kong, EU and/or other countries. TINAVAT's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
23.2 Access and Interference
TINAVAT may contain robot exclusion headers which contain internal rules for software usage. Much of the information on TINAVAT is updated on a real-time basis and is proprietary or is licensed to TINAVAT by TINAVAT's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access TINAVAT for any purpose whatsoever. Additionally, you agree that you will not:
24. Breach, Suspension and Termination
24.2 We may cancel unconfirmed accounts or accounts that have been inactive for one year or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
24.4 TINAVAT is entitled to suspend your account until the power of attorney of your representative is satisfactory verified. TINAVAT's services are not available to temporarily or indefinitely suspended TINAVAT users.
24.5 If you provide poor customer service and your customer service does not improve, further action may be taken against your account. Refusal or inability to provide a minimum level of customer service may ultimately result in the closure of your account.
24.6 If you withdraw your consent to receive Electronic Communications, TINAVAT may cancel your access to the Services.
24.7 TINAVAT reserves the right to refuse service to anyone, for any reason, at any time at its sole discretion.
24.8 Without limiting any other remedies, TINAVAT may, without notice, and without refunding any fees, delay or immediately remove Content, warn TINAVAT's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
24.9 TINAVAT reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on TINAVAT.
24.10 You are entitled to terminate the Agreement with choosing the e-mail to delete account function. You may only terminate this Agreement if
24.11 Upon termination all of your outstanding debts become immediately due and payable.
24.12 You accept explicitly and request that after the conclusion of this Agreement with TINAVAT, TINAVAT shall immediately begin with providing the Service. You accept that if you have a bank card validated in the last 60 days, the Services provided under a card validation have an immediate expense in the amount of the card validation fee, therefore you are not entitled to a refund of the card validation fee upon termination.
24.13 If you choose to terminate the Agreement, your account will be deleted as soon as
25. Amendments to and Modifications of this Term of Use
25.1 TINAVAT shall be entitled to unilaterally alter and/or to supplement all terms and conditions of the Agreement, in accordance with the laws of Hong Kong.
25.4 If you do not object to the amendment in writing, it shall be regarded as approved by you. If you do not accept the amendments, TINAVAT shall regard the same as termination by you of the Agreement effective as of the date of the entry into force of the amendment. In this case, TINAVAT’s claim shall fall due with immediate effect, TINAVAT and you shall settle with one another without delay, and you shall, without delay, pay your full outstanding debt towards TINAVAT. Your written notice shall be received by TINAVAT by 5 days prior to the date of the entry into force of the amendment.
26.1 No Warranty
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in TINAVAT's applications may not occur in real time. Such functionality is subject to delays beyond TINAVAT's control.
26.2 TINAVAT, TINAVAT's subsidiaries, officers, directors, employees, and TINAVAT’s suppliers provide TINAVAT’s web site and services "AS IS" and without any warranty or condition, express, implied or statutory. TINAVAT, TINAVAT's subsidiaries, officers, directors, employees and TINAVAT’s suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from TINAVAT shall create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
26.3 Liability Limit
In no event shall TINAVAT, and (as applicable) TINAVAT’s subsidiaries, officers, directors, employees or TINAVAT's suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, TINAVAT’s Services, or this Agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
26.4 In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
26.5 Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
26.6 Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.
You agree to indemnify and hold TINAVAT and (as applicable) TINAVAT's parent, subsidiaries, affiliates, officers, directors, agents, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party.
26.8 No Guarantee
TINAVAT does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside TINAVAT's control.
26.9 Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any TINAVAT Service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of services or items you make using the Services (excluding any taxes on TINAVAT's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
26.11 TINAVAT Service
26.12 Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of Hong Kong.
26.13 Unless you opt-out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Sections 15 (Fee and Billing Policy), 16 (Copyright and Intellectual Property Policy), 18 (Trademarks), 21 (Content), 22 (Resolution of Dispute and Release), 23 (TINAVAT’s Intellectual Property), 24 (Breach, Suspension and Termination), and 26 (Miscellaneous) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by e-mail sent to TINAVAT’s Customer service (in the case of TINAVAT) or, in your case, to the email address you provide to TINAVAT (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
26.16 Complaint handling
All complaints addressed to TINAVAT shall be sent by a notification within the Site. TINAVAT will answer your complaint by e-mail sent to the e-mail address you provide to TINAVAT. All complaints will be investigated and answered within the deadline provided by the laws of Hong Kong.