1. Eligibility
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.
2. The Company’s Role and Relationship with Users
We are an online web and/or mobile applications that provide the services to the Companies who are our existing customers or potential customers (the “Customers”). The users of the web or mobile applications are the authorised person of the Companies (the “Individuals”) who can have the access rights to their unique accounts. Customers and Individuals (collectively, the “Users”) acknowledge and agrees that we are solely a Platform service provider and are not directly involved or is a party to the transactions, agreements, contracts or arrangements.
3. Registration Procedures
To access and participate in the Platform, you will need to create a password-protected account (known as “account” thereafter). In order to register and create an account on the Platform, Customers must agree to the Terms and Conditions and provide any other information required by the Platform for registration.
Once the account is created, the Platform will notify you. If you have any problem, you can contact our consultant for further details. In case of dispute, the Company reserves the right of final decision on the interpretation of these Terms and Conditions.
4. Fees, Charges and Taxes
The subscription fees are charged by monthly basis and depend on the plan which is subscribed.
The Company reserves the right to increase fees or to institute new fees or charges on the Platform, upon reasonable notice provided to users and/or posted on the Platform.
Additionally, the Company reserves the right to penalise Customers in breach of this Terms and Conditions, e.g. by suspending their accounts, without prejudice to other measures that the Company is entitled to take against Customers in breach. Such Customers are liable to be punished with a fine, including but not limited to an account re-activation fee for the re-activation of an account that has been de-activated due to users’ violation of the Terms and Conditions.
5. Release from Damages or Claims
Customers hereby agree to release the Company (and our officers, directors, affiliates, employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such dispute.
6. Your Use of the Platform and Prohibited Uses
As a User of the Platform, you agree to comply with the Agreement and all applicable laws and regulations. You acknowledge and agree that the Platform is for your personal use only. You undertake not to misuse or attempt to misuse or circumvent the Platform or are using or attempting to use the Platform for any unlawful, immoral, inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming. You may not use the Platform to recreate or compete with the Company, or to solicit or harass other users, or for any other purpose not contemplated herein. You are prohibited from advertising or soliciting services not within the ambit of any of the services offered by the Platform at the material time when the advertisement or solicitation was publicised.
All information about Users are confidential, and you may not collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to the Company for any such damages and will indemnify the Company in the event of any third-party claims against the Company based on or arising from your violation of the foregoing. Additionally, the Company reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies, for your misuse or suspected misuse of the Platform.
7. Information Provided to Us
Upon registering on the Platform, Customers will be prompted to disclose certain information about them. You will be able to store some of the information on the Platform. Your information is highly confidential. For more information on our use of your information, please refer to our Privacy Policy.
If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of the Platform (or any portion thereof) by you. You are responsible for maintaining the security and confidentiality of your account. As such, the Company shall be entitled to assume that any person using the Platform with your log-in ID and password is you or your representative, and you are liable for any damages arising out of any unauthorised use of the Platform by persons to whom you intentionally or negligently allow access to your account.
To knowingly input false information, including but not limited to name, phone number, address or e-mail address is a very serious and fraudulent matter that could result in significant costs and damages including invasion of privacy rights, to the Company as well as the loss of time, effort and expense responding to and pursuing such false information and request, and further, could result in regulatory fines and penalties. Accordingly, the Company would collect some supporting documents such as certificate of incorporation, business registration, latest annual returns, etc. And the Company reserves all rights to penalise users for providing falsified information on the Platform, and/or to require these users to pay for the actual, direct, punitive and consequential damages, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto, whichever is greater.
8. User Generated Content
You agree that all of the content and information posted by you or your agents or designees, with the exception of certain Personal Data as specified on our Privacy Policy, on the Platform, including but not limited to:
- Products, Video, Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content (collectively, “Content”) may be viewed by the general public and will not be treated as private, proprietary or confidential.
You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
Grant of License
You hereby grant the Company and its users an irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertisements near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Platform in any manner that we deem appropriate or necessary, including, if submitted, your name, and likeness throughout the world. Users agree that the licence granted to the Platform shall be perpetual and shall not be affected by the termination of the Platform or their account.
Representation of Ownership and Right to Use Content
By posting or providing any Content to the Company, you represent and warrant to the Company that you own or have all necessary rights to use the Content, and grant to the Company the rights granted below. The forgoing representation includes but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
Content Guidelines
The Company reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on the Platform, at any time and without prior notice, if the Company determines (in its sole discretion) that such content contains or features any of the following:
Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g. racist/discriminatory speech);
References to illegal activity;
Language that violates the standards of good taste or the standards of the Platform;
Statements that are or appear to be false;
Comments that disparage the Company.
9. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively, “Proprietary Material”) that users see or read through the Platform is owned by the Company, excluding user-generated content that the Company has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. The Company owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the Chapter 528 Copyright Ordinance of the Laws of Hong Kong SAR (the “Ordinance”), where practicable as amended. The Proprietary Material is protected by domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Platform without the Company’s express prior written consent and, if applicable, the holder of the rights to the user generated content. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of the Company and, if applicable, the holder of the rights to the user generated content.
The service marks and trademarks of Company, including without limitation the Company and the Company logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing via the Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
10. Links to Third Party Sites
Links (such as hyperlinks) provided on the Platform do not constitute the endorsement by the Company of those sites or their content. Such links are provided as an information service, for reference and convenience only. The Company does not control any such sites, and is not responsible for their content, or any changes or updates to such sites. The existence of links on the Platform to such websites (including without limitation external websites that are provided by talents, as well as any advertisements displayed in connection therewith) does not mean that the Company endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
The use of any website controlled, owned or operated by third parties is governed by the Terms and Conditions of use and privacy policies for those websites, and not by the Company’s Terms and Conditions or Privacy Policy. You access such third-party websites at your own risk. The Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Platform. You hereby agree to hold the Company harmless from any liability that may result from the use of links that may appear on the Platform.
11. Disclaimer of Warranties
Use of the Platform is entirely at users’ own risk.
The Platform is provided on an “As-Is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. The Company makes no warranties or representations about the accuracy or completeness of the content provided through the service or the content of any sites linked to the service and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. Except as expressly set forth herein, the Company expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose. The Terms and Conditions will inure to the benefit of the company’s successors, assigns and licensees. If any provision of these terms and conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of the company to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in the terms and conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions constitute the entire agreement between you and the Company and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
12. Exemption and Limitation of Liability
You acknowledge and agree that the Company is only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold the Company, its affiliates, its licensors, its clients in promotions, sweepstakes or contests, or any of such parties’ agents, employees, officers, directors, corporate clients, or users liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your or any other party’s use of or inability to use the service, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or service provided by the company or its affiliates or licensors and any destruction of your information.
Under no circumstances will the Company, its affiliates, its subsidiaries, its licensors, or any of such parties’ agents, directors, corporate clients, officers, employees, or users be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the services, even if advised of the possibility of the same.
The Company does not accept any liability with respect to the quality or fitness of any work performed via the platform.
If, notwithstanding the foregoing exclusions, it is determined that the Company or its affiliates, its licensors, or any of such parties’ agents, directors, corporate clients, officers, employees, or users is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to the company during the six (6) months prior to the time such claim arose.
13. Indemnification
You hereby agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’, investigators’, and experts’ (or similar) fees, disbursements and costs incurred, in connection with (i) your use or inability to use the Platform, in connection with the Platform, with regard to any dispute between you and a service pro, or your violation of these Terms and Conditions, or arising from your violation of any rights of a third party. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the Company.
14. Arbitration
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration Rules as at present in force and as may be amended by the rest of this clause. The appointing authority shall be Hong Kong International Arbitration Centre (HKIAC). The place of arbitration shall be in Hong Kong at HKIAC. There shall only be one arbitrator. The languages to be used in the arbitral proceedings shall be English and/or Chinese.
15. Governing Law
This Agreement is governed by and shall be construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China. The Hong Kong courts are to have non-exclusive jurisdiction to settle any disputes or claims which may arise out of or in connection with this Agreement for which purpose each party agrees to submit to the jurisdiction of the courts of the Hong Kong Special Administrative Region of the People’s Republic of China.
