1. Acceptance of these terms
These Terms of Service (“Terms”) form a binding agreement between you and CHOICE Overseas International Co., Limited, a company incorporated in the Hong Kong Special Administrative Region (“CHOICE Overseas”, “we”, “us” or “our”). They govern your access to and use of:
- our website published at cishihaiwai.com (the “Website”);
- our mobile management application published on the Apple App Store and Google Play (the “App”); and
- the business services described in Section 4 (together, the “Services”).
By creating an account, downloading or using the App, using the Website, or instructing us to provide Services, you confirm that you have read, understood and agree to these Terms, our Privacy Policy and any specific service order or proposal we have signed with you (a “Service Order”). If you do not agree, do not use the Services.
Where a Service Order conflicts with these Terms, the Service Order prevails for that engagement only.
2. Eligibility and age
You must be at least 18 years old, or the age of majority in the jurisdiction where you are resident, to hold an account or enter into a commercial relationship with us. If you are between 18 and the age of majority, or otherwise lack full legal capacity, you may use the Services only with the prior written consent of a parent, guardian or other lawful representative who accepts these Terms on your behalf.
You confirm that you are acting for yourself or for a company you are duly authorised to represent, and that any information you provide is accurate. We may request documentary evidence of authority before acting on a commercial instruction.
3. Accounts and use of the App
3.1 The App is distributed through the Apple App Store and Google Play. Your use of the App is also subject to the applicable store terms, and our separate distribution arrangements with Apple and Google.
3.2 You are responsible for keeping your account credentials confidential and for all activity performed through your account. Tell us immediately at support@cishihaiwai.com if you believe your account has been compromised.
3.3 You may not share, resell, sub-license or provide your account to another party, and you may not create accounts in bulk or attempt to gain unauthorised access to any part of the Services.
3.4 We may suspend or terminate an account where we reasonably believe it has been compromised, is being used unlawfully, or where required by law, store policy or a compliance obligation.
3.5 We may update the App from time to time. Material functional changes are described in release notes published in the App or on the Website.
4. Description of the Services
4.1 Our business scope is: Cross-border business consultation, international marketing planning, brand advisory, general trading and cross-border e-commerce support. In practical terms, the Services are delivered as the following modules, each of which may be engaged separately:
- Cross-border market entry consulting, including market selection, route-to-market design and feasibility reviews;
- Trade strategy and compliance advisory, including sanctions screening, customs documentation, certification guidance and contract structures;
- International marketing planning, including channel selection, pricing architecture, campaign calendars and performance targets;
- Brand advisory and positioning, including brand architecture, messaging, tone and identity direction;
- General trading operations, including counterparty matchmaking, purchase order handling, quality checks and shipment booking;
- Sourcing and supply chain support, including supplier discovery, negotiation, consolidation and freight coordination;
- Cross-border e-commerce enablement, including storefront setup, catalogue localisation, marketplace onboarding and fulfilment routing; and
- Ongoing account and growth support, including a named account contact, performance reviews and rolling plan adjustments.
4.2 Mobile management app. Our mobile management app is a first-class part of the Services. It is published to the Apple App Store and Google Play and provides workspaces for real-time orders, inventory, supply chain tracking, a consulting dashboard, marketing and brand planning, and general trading with e-commerce management — covering our complete business scope.
4.3 Service levels. Where a Service Order specifies turnaround times, deliverables or service credits, those terms apply. Absent a Service Order, we perform the Services with reasonable skill and care and provide updates on a commercially reasonable basis.
4.4 Your dependencies. Many Services depend on information, documents, samples, approvals or decisions supplied by you. We are not liable for delay caused by your failure to provide them, and agreed timelines are adjusted accordingly.
4.5 Service changes. We may modify, suspend or discontinue any part of the Services where reasonably necessary for security, legal, compliance or operational reasons, and we will give reasonable notice where the change is material and affects paid commitments.
5. Licence and acceptable use
5.1 We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Website, the App and the Services for your internal business purposes during the term of your engagement.
5.2 You must not, and must not permit anyone else to:
- copy, publish, reverse engineer, decompile, disassemble or attempt to derive the source code of the App or the Website, except where that restriction is prohibited by law;
- use the Services to violate any applicable law, regulation, sanctions measure or third-party right;
- transmit malware, or interfere with, disrupt or attempt to gain unauthorised access to the Services or their infrastructure;
- scrape, harvest or systematically extract content, data or advertising identifiers from the Website or the App;
- use the Services for any unlawful or fraudulent purpose, including falsifying orders, documents or performance data;
- resell, sub-license, rent, lease or otherwise make the Services available to third parties without our written consent;
- remove or obscure proprietary notices, or use our marks, trade names or branding without permission; or
- misrepresent your identity or affiliation, or impersonate another person or company.
5.3 Advertising and promotional conduct. You may not use the Services or any advertising delivered through them to promote unlawful products or services, to infringe intellectual property, or to circumvent our advertising policies or the policies of the advertising platforms we use.
6. Intellectual property
6.1 The Website, the App (including all source code, object code, algorithms, models, designs, interfaces, documentation and branding), and all content we publish — including text, graphics, reports, market data and advisory material — are owned by us or our licensors and are protected by intellectual property laws. All rights not expressly granted are reserved.
6.2 Our trade names, logos and brand elements may not be used without prior written consent. Nothing in these Terms grants any right to trade under our name.
6.3 You retain all rights in the materials you provide to us. You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt and disclose those materials only to the extent necessary to provide the Services, comply with law and maintain our business records.
6.4 Ownership of bespoke deliverables is governed by the relevant Service Order. Unless otherwise agreed, pre-existing tools, methods, templates and know-how remain ours, and we grant you a perpetual, non-exclusive licence to use the bespoke deliverables for your internal business purposes.
6.5 Feedback you voluntarily provide may be used without restriction or obligation, but we will not treat it as confidential unless you expressly ask us to.
7. Purchases, fees, subscriptions and refunds
7.1 Where the App offers paid subscriptions, in-app purchases or paid features, those purchases are completed through the Apple App Store or Google Play and are subject to the store’s pricing, billing and refund policies, which govern the transaction. We are not the merchant for store-processed payments.
7.2 Fees for consulting, marketing planning, brand advisory, general trading and cross-border e-commerce support are set out in the Service Order or proposal we issue, and are invoiced on the schedule stated there.
7.3 Unless stated otherwise, fees are exclusive of value added tax, customs duties, taxes and third-party charges (including freight, inspection, storage and payment processing), which are payable by you where applicable.
7.4 Invoices are payable within the period stated on the invoice. Late payment may accrue interest at the rate permitted by law, or a fixed administrative charge where we state one, and may result in suspension of Services.
7.5 Refunds and cancellations. Store purchases are refunded in accordance with the store’s refund policy. For Services delivered outside a store, we issue a refund for the unconsumed portion of a prepaid engagement where you cancel in writing before the work begins, less any non-refundable costs we have reasonably incurred and documented. Once a deliverable has been provided or work has begun on a milestone basis, that milestone is non-refundable.
7.6 We may change our fees for future engagements on 30 days’ notice. Existing Service Orders are unaffected by a price change.
8. Third-party services and advertising
8.1 The Services may reference or integrate third-party services, including app stores, payment processors, logistics and customs providers, mapping and communications services, and advertising platforms. Those services are provided by third parties under their own terms, and we do not control or warrant their availability, accuracy or performance.
8.2 The App displays advertising supplied by third-party advertising platforms, including Google AdMob, Google Ad Manager, Meta Audience Network, Unity Ads, AppLovin, ironSource (LevelPlay), Vungle/Liftoff, Pangle (TikTok for Business), Mintegral, Chartboost, AdColony, InMobi, Amazon Ads, Digital Turbine, Smaato, Fyber, Ogury, Criteo, Teads, Moloco, PubMatic and Magnite. The formats used include app open, rewarded video, interstitial, banner and native advertising. We describe our use of advertising identifiers, consent requirements and your controls in Section 10 of our Privacy Policy.
8.3 You agree that advertising may be personalised where you have consented and may be contextual otherwise. You may opt out through the app privacy settings, through your device’s advertising controls, or by contacting us.
9. Disclaimers
9.1 Except as expressly stated in these Terms or in a Service Order, the Services are provided “as is” and “as available”, and we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and uninterrupted availability.
9.2 We do not warrant that the Services will be error-free or uninterrupted, that any particular market, route, supplier, licence or outcome will be available or commercially successful, or that information provided through the App will be complete, current or suitable for a decision you make.
9.3 Market conditions, regulations, tariffs, sanctions and logistics networks change. Our advisory output reflects our understanding at the time it is given. You remain responsible for your own commercial decisions and, where required, for taking independent legal, tax, accounting or financial advice.
9.4 Nothing in these Terms excludes or limits any warranty or liability that cannot lawfully be excluded.
10. Limitation of liability
10.1 Subject to Section 10.4, our total aggregate liability arising out of or in connection with the Services — whether in contract, tort (including negligence), breach of statutory duty or otherwise — is limited to the greater of the fees you paid us under the applicable Service Order in the 12 months preceding the event giving rise to the claim, or USD 1,000.
10.2 We are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of data, or damage to goodwill, in each case whether direct or indirect, even if foreseeable.
10.3 We are not liable for the acts or omissions of third-party service providers, including app stores, payment processors, carriers, customs authorities, suppliers, platforms and advertising networks, except to the extent that the loss is directly caused by our own breach of these Terms.
10.4 Nothing in these Terms limits or excludes: our liability for death or personal injury caused by our negligence; our liability for fraud or fraudulent misrepresentation; liability for unpaid fees; or any other liability that cannot lawfully be limited or excluded under the laws of the Hong Kong Special Administrative Region or the jurisdiction where you are established.
10.5 Each party is responsible for maintaining adequate insurance and agrees to indemnify the other under Section 11.
11. Indemnities
11.1 You indemnify us. You agree to indemnify and hold harmless CHOICE Overseas, its officers, employees and agents against claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising from your breach of these Terms, your use of the Services in violation of applicable law, your infringement of third-party rights, or your provision of unlawful or misleading information or materials.
11.2 We indemnify you. We agree to indemnify you against third-party claims to the extent arising from our wilful misconduct, our material breach of these Terms, or our infringement of a third party’s intellectual property rights through materials we supply.
11.3 The indemnities in this Section are subject to the limitation of liability in Section 10 except to the extent the claim relates to the indemnifying party’s own breach.
12. Termination
12.1 You may stop using the Services at any time and may terminate an engagement by written notice, taking effect at the end of the then-current billing period or as otherwise stated in the Service Order.
12.2 We may suspend or terminate your access immediately, with or without notice, where we reasonably believe that: you have materially breached these Terms; your use creates a security, legal or compliance risk; a law, regulator, sanctions measure or app store requires it; or we are unable to continue providing the Services.
12.3 Termination does not affect accrued rights or liabilities. On termination you must stop using the Services, delete the App if you no longer have rights to it, and pay any fees properly incurred up to the effective date of termination.
12.4 Clauses that by their nature should survive termination do so, including Sections 6, 7, 9, 10, 11, 13, 14, 17 and 18.
13. Governing law and dispute resolution
13.1 These Terms and any dispute arising out of or in connection with them are governed by the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13.2 Good faith negotiation. Before commencing proceedings, the parties shall attempt in good faith to resolve any dispute by negotiation between senior representatives within 30 days of written notice of the dispute.
13.3 Arbitration. Any dispute not resolved by negotiation shall be finally settled by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under its Administered Arbitration Rules, in English, by a single arbitrator, seated in Hong Kong. Judgment upon the award may be entered in any competent court of jurisdiction. Each party bears its own legal costs except that the arbitrator may allocate costs in the award.
13.4 Interim relief. Either party may seek interim or injunctive relief from a competent court to protect its intellectual property, confidential information or data, without limiting the arbitration obligation.
13.5 Business continuity. The arbitration provision does not prevent either party from continuing to perform its obligations during a dispute, nor does it affect either party’s obligation to comply with applicable sanctions and export control measures.
14. International trade and export compliance
14.1 Our Services involve cross-border operations. You agree that you will not request, and will not ask us to act in a way that would breach, any applicable economic sanctions, export controls, import restrictions, embargoes, customs rules, anti-boycott laws, forced labour rules or product safety requirements.
14.2 You will provide accurate information about the origin, nature, end use and end destination of goods, and will not misrepresent a counterparty or the purpose of a transaction in order to circumvent a restriction.
14.3 We perform screening of counterparties and transactions against applicable sanctions and restricted-party lists. We may suspend, refuse or cancel any instruction, and report or disclose information to a competent authority, where we are required or permitted to do so, and we are not liable for any resulting delay or loss to the extent permitted by law.
14.4 You are responsible for obtaining any licences, permits, certificates of origin, customs declarations and product certifications required for your goods in the destination market, unless a Service Order states that we will obtain them.
15. App store terms prevail
15.1 The App is distributed through the Apple App Store and Google Play. If any provision of these Terms conflicts with the applicable store terms, licence or Apple Media Services or Google Play terms, the store terms prevail in relation to your use of the App and the distribution of the App through that store.
15.2 We may modify, suspend or remove the App from either store at any time, and we may discontinue features where a store policy, a regulatory requirement or an operational change makes it necessary. Where a paid subscription is affected, we will offer a pro-rata refund of the unused period where required or where the change is material and caused by us.
15.3 Apple and Google are third-party beneficiaries of Section 15.1 to the extent permitted by law.
16. Changes to these Terms
16.1 We may update these Terms from time to time. The version in force is the one published on the Website at the time you use the Services, shown with the last-updated date above.
16.2 Where a change is material and unfavourable to you, we will provide at least 30 days’ prior notice by email or in the App. If you do not accept the change, you may terminate the affected engagement before it takes effect, and we will refund any fees paid in advance for the unused period of the terminated service.
17. Severability, entire agreement, assignment and waiver
17.1 Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the remaining provisions.
17.2 Entire agreement. These Terms, together with any Service Order, proposal and the Privacy Policy, constitute the entire agreement between us regarding the Services and supersede all prior discussions and representations, whether written or oral.
17.3 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or successor in connection with a reorganisation, merger or sale of all or part of our business, on written notice to you.
17.4 Waiver. No failure or delay in exercising a right operates as a waiver of it, and no single or partial exercise prevents any further exercise.
17.5 Third-party rights. A person who is not a party to these Terms has no right to enforce any of them, except as expressly stated in Section 15.3.
18. Contact information
Questions about these Terms, a Service Order or a dispute can be directed to us:
- Company: CHOICE Overseas International Co., Limited
- Office: ROOM H18 4/F, CENTURY INDUSTRIAL CENTRE, 33-35 AU PUI WAN STREET FOTAN, SHA TIN, HONG KONG
- Website: cishihaiwai.com
- Business support: support@cishihaiwai.com
- Key accounts: baipeng@cishihaiwai.com
- Privacy Policy: cishihaiwai.com/privacy.html
We will treat a communication as received on the business day it arrives, and we will acknowledge it in writing.