1. Acceptance of Terms
By accessing or using the Hokimi website, app, or any of our services, you acknowledge that you have read, understood, and agreed to these Terms of Service. If you do not agree, please do not use our services. We reserve the right to update these Terms within the limits of applicable law, and will notify you of updates via website announcements or email. Continued use of our services after such updates constitutes your acceptance of the revised Terms.
2. Service Overview
Hokimi is a digital lifestyle service platform that helps users discover discounts, participate in group-buying activities, and interact with merchants. Hokimi does not directly sell products but acts as an intermediary between users and merchants. The purchase contract is entered into directly between users and merchants. Hokimi is not directly responsible for product quality or merchant performance but will assist in handling disputes and complaints.
3. Eligibility and Account Registration
-
You must be at least 16 years old and have full legal capacity to register or use the services. Minors must use the services only with parental/guardian consent.
-
You agree to provide true, accurate, and complete information during registration and update it promptly. If we reasonably suspect false or inaccurate information, we may suspend or terminate your account.
-
You are responsible for safeguarding your account credentials. Do not disclose them or allow others to use your account. You are liable for any losses resulting from failure to fulfill this obligation.
4.User Obligations
In line with Article 14 of the EU Digital Services Act (DSA), the platform must specify prohibited behaviors and measures for violations. You agree to:
-
Comply with applicable laws and not post or transmit illegal, harmful, fraudulent, defamatory, obscene, or infringing content.
-
Not use the platform for illegal transactions, including money laundering, fraud, or gambling.
-
Not interfere with or disrupt the services, including spreading viruses, bypassing security, or abusing APIs.
-
Respect other users and merchants; do not engage in harassment, hate speech, or abusive behavior.
-
Not impersonate others or misrepresent your relationship with others.
-
Provide truthful and fair feedback/reviews; do not spread false information or malicious defamation.
If you violate these obligations, we may take proportionate measures depending on the nature and severity, including removing content, restricting or terminating services, or reporting to authorities, and we will explain the reasons for our decisions.
5. Platform Content and Intellectual Property
-
Except for user content, all materials in the services (including text, images, trademarks, software, and interface design) are owned by Hokimi or its licensors and protected by copyright and international treaties. You may not copy, modify, distribute, or create derivative works without authorization.
-
Content you publish on the platform remains yours, but you grant Hokimi a worldwide, sublicensable, royalty-free license to use, reproduce, modify, display, and distribute your content within the scope of the services, including for promotion, improvement, and contract performance. You warrant that you have the rights to grant this license.
6. Group-Buying and Transactions
-
Role of Hokimi: We provide the technical platform for group-buying but are not the seller. Contracts are formed directly between users and merchants once the group-buy is successful.
-
Pricing and Payment: Merchants are responsible for displaying accurate prices (including taxes). Users must check before placing orders. Payments are processed via third-party providers, and Hokimi does not store complete payment details.
-
Cancellation and Refunds: Under EU distance selling rules and Dutch reflection period laws, consumers have the right to cancel purchases within 14 days after receipt. For group-buying, merchants may set specific cancellation terms. Users should check the conditions of each group-buy.
-
Logistics and After-Sales: Delivery is handled by merchants or third parties. Hokimi is not liable for transport risks. Users should contact merchants for returns, warranties, etc. We may assist in communication but do not assume responsibility for outcomes.
7. Merchant Participation
-
Merchants must apply and sign a separate merchant agreement, ensuring accurate product/service information, lawful operations, respect for consumer rights, and compliance with platform rules.
-
Merchants must provide clear details on product characteristics, prices, stock, and after-sales policies.
-
Merchants may not post false information, manipulate reviews, or engage in misleading advertising. Hokimi may take measures in line with Dutch ACM (Authority for Consumers and Markets) guidelines.
8. Notifications and Communication
-
We may send you important notifications via email, in-app messages, or SMS, including updates to Terms, Privacy Policy, group-buy status, and promotions. You may opt out of marketing communications in your account settings, but system notifications form part of the services and cannot be disabled.
-
In compliance with the DSA, we will provide accessible contact channels, including email and an online form, for feedback or reporting illegal content.
9. Content Reporting and Dispute Handling
To comply with Article 16 of the DSA, Hokimi provides a reporting mechanism:
-
Reporting procedure: Any user or third party may submit a notice via our reporting form, specifying the location and reasons of suspected illegal content, with name and contact details.
-
Acknowledgment and response: We confirm receipt and will respond within a reasonable time. If content is removed or access restricted, we will explain the reasons and provide an appeals process.
-
Complaints and appeals: Users whose content is removed or whose accounts are suspended may appeal via customer support. We will review internally and provide a final decision, along with information on EU-recognized mediation mechanisms.
10. Warranties and Disclaimers
-
We strive to ensure continuity and security of services but cannot guarantee uninterrupted operation. Services are provided “as is,” and Hokimi disclaims any express or implied warranties (including merchantability, fitness for a particular purpose, and non-infringement).
-
We are not directly or indirectly liable for transactions between users and merchants or for user-generated content. Disputes must be resolved between the parties, and Hokimi accepts no liability for damages to the extent permitted by law.
11. Limitation of Liability
To the extent permitted by law, Hokimi shall not be liable for any indirect, incidental, special, or consequential damages arising from use or inability to use the services. Our total liability for direct damages is limited to the total fees (if any) paid by you to us in the 12 months prior to the dispute.
12. Termination of Services
We reserve the right, within the limits of applicable law, to suspend or terminate your account for reasons such as violations or illegal activity, with prior notice where possible. You may also terminate your account at any time via account settings.
13. Governing Law and Dispute Resolution
These Terms are governed by Dutch law, without prejudice to consumer rights under mandatory local laws. Disputes shall first be resolved amicably; if unresolved, they may be submitted to the competent court in the defendant’s jurisdiction. Consumers may also use the EU Online Dispute Resolution (ODR) platform.
14. Contact Information
For questions regarding these Terms, please contact us at: info@hokimi.com.