Availability of the App
- You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the App accessible, the App may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control App access may be interrupted, suspended or terminated. Our company retains the right at our sole discretion to deny service, or access to the App to anyone or an account, at any time and for any reason.
- We reserve complete and sole discretion with respect to the operation of the App. We may, among other things:
- Delete where applicable communications or private messages if it has not been accessed by a User within the time established by our policies;
- Withdraw, suspend or discontinue any functionality or feature of App or the whole or such part of the Service;
- Review uploaded files, conferences, blog, forums, chats and User Submissions and authorise restrictions to access thereto.
Ownership of the App
Your access to the Service is subject to a license from us to use the same and nothing herein shall be construed as a sale of any part of the App or the rights or title to you. The content and information on the App and the Service, as well as the infrastructure used to provide both, and all materials therein or transferred thereby and all intellectual property rights related thereto, are the exclusive property of our company and its licensors and other partners where relevant. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights and you shall not modify, adapt, edit, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the App.
Transmission of Information.
Because we do not control the security of the Internet or other networks you use to access the App or communicate with us, we cannot be, and are not responsible for, the security of information that you choose to communicate with us and the App while it is being transmitted. In addition, our company is not responsible for any data lost during transmission.
Your Conduct on Our App
You shall also not engage in the following activities:
- use the Services other than exclusively for the receipt of rental and remittance of condominium or other property management fees, and the receipt and remittance of any other types of payments to other third parties as may be allowed by us from time to time;
- make Payments using the Services to provide yourself or any other person with a credit card cash advance;
- failing to respond in a reasonable and timely fashion to our communications;
- submitting any inaccurate information, committing fraud or falsifying information in connection with your account or in order to create multiple accounts and attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorised to access;
- attempting to scan, or test the security or configuration of the App or to breach security or authentication measures without proper authorisation;
- tampering or interfering with the proper functioning of any part, page or area of the App and any and all functions and services provided by us;
- attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our App, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the App;
- disseminating or transmitting material that, to a reasonable person, may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
- take any action that may cause us to lose any of our services from our internet service providers, our Payment Processor or other suppliers;
- infringe our or any third party’s copyright, patent, trade-mark, trade secret or other intellectual property rights, or rights of publicity or privacy or disseminating, storing or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
- using the App or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to directly or indirectly compete with or disrupt our activities;
- reselling or repurposing your access to the App or any purchases made through the App;
- using the App or any of its resources to solicit other Users, business partners of our company or such other parties to become users or partners of other online or offline services that directly or indirectly compete or disrupt or potentially compete or disrupt with us, including without limitation, aggregating current or previously offered service offerings;
- using any User or third party information from the App for any commercial purpose, including, but not limited to, marketing;
- accessing, monitoring or copying any content or information from this App using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violating the restrictions in any robot exclusion headers on this App or bypassing or circumventing other measures employed to prevent or limit access to this App;
- taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- aggregating any live or post-feature content or other information from the App (whether using links or other technical means or physical records associated with transactions made through this App) with material from other sites or on a secondary site without our express written permission;
- deep-linking to any portion of this App without our express written permission;
- acting illegally or maliciously against the business interests or reputation of our company or the App and/or the Service;
- engaging in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement;
- intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange;
- “stalk” or otherwise harass another; or
- commit any fraudulent or unlawful act or use the Service for any commercial purposes.
Creating an Account on our App
If you create an account on our App, you may only create and hold one (1) account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations, we may terminate or suspend your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you to do so. If you commit fraud or falsify information in connection with your use of the App or in connection with your account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages caused by your conduct, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the App.
Information on the App
We do not control the information provided by our Users. You may find other Users’ information to be inaccurate, harmful or offensive. By using the Service, you assume all of the risks associated with the use of the App and you agree to accept such risks and agree that our company is not responsible for the acts or omissions of any users or other third parties. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the App, including any harmful, offensive, deceptive or unlawful materials. Our company does not currently conduct criminal background checks or screenings of its users. We do not inquire into the backgrounds of its users or attempt to verify the information provided by users. However, you agree to provide to us, if requested, confirmation of your identity or any other information you have provided to us, and to cooperate with any investigations of the same by us or our third party delegates;
We make no representations or warranties as to the conduct of the users or other third parties of the App.
LIMITATION OF LIABILITY
- YOU AGREE THAT OUR COMPANY IS MERELY PROVIDING A PLATFORM TO ALLOW YOU TO OBTAIN SERVICES FROM THIRD PARTIES AND THEREFORE, YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR (A) ANY BREACHES, FRAUD, DISHONESTY, MISFEASANCE OR FAILURE TO DISCHARGE ANY DUTY OF CARE OR OBLIGATIONS ON THE PART OF ANY THIRD PARTIES CONTRACTING WITH YOU ON THE SITE AND (B) ANY CLAIMS FOR INJURIES, ILLNESSES, DAMAGES, LIABILITIES AND COSTS (“LIABILITIES”) THAT YOU MAY SUFFER, DIRECTLY OR INDIRECTLY, IN FULL OR IN PART AS A RESULT OF THE ACTS OR OMISSIONS OF SUCH PAYORS OR THIRD PARTIES OR ANYTHING IN RELATION TO ANY CONTRACT OR TRANSACTIONS YOU MAY ENTER INTO WITH SUCH PAYORS OR THIRD PARTIES, WHETHER RELATED TO THE USE OF THE SERVICE AND/OR THE SITE.
- GENERAL LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO AND HEREBY WAIVE AND RELEASE OUR COMPANY, ITS SUBSIDIARIES, AFFILIATES PARTNERS, OFFICERS, DIRECTORS, STAFF MEMBERS, STOCKHOLDERS AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO (I) ANY BREACHES, MISFEASANCE OR FAILURE TO DISCHARGE ANY DUTY OF CARE OR OBLIGATIONS ON THE PART OF ANY PAYORS OR THIRD PARTIES CONTRACTING WITH YOU ON THE SITE AND/OR (II) ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, (INCLUDING, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME 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 OR USE OUR SERVICE; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Links to Third Party Apps
The App may contain links to third-party websites that are not owned, operated, or controlled by us. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own or operate them. Additionally, we cannot and will not censor or edit the content of any third party site. By using the App, you expressly relieve us from any and all liability arising from your use of any third party website.
- Everything located on or in this App and the Application is the exclusive property of our company or is being used with permission. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this App (or Microsites) or the Application without the express written permission of our company is prohibited. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
- This App and the Application contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the App and Application are protected by copyright as a collective work under the Hong Kong copyright laws. WE own the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of us or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the App and the Application.
- You will not upload, post or otherwise make available on this App any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this App, you warrant that the owner of such material has expressly granted our company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other Users to access, view, store or reproduce the material for that End User’s personal use. You also grant us the right to edit, copy, publish and distribute any material that you make available on this App and the Application.
- Copyright Policy.
Our company reserves the right to terminate its agreement with you or any other User who infringes third-party copyright.
you believe that your materials have been copied, reproduced or otherwise dealt with by another party in a manner that may constitute copyright infringement, or if your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- the nature of the authorisation or relationship where it is alleged that a third party authorises the infringement by another;
- where the material that you claim is infringing is located on the site;
- your full name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
If you believe any of your materials that were removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the advertisement or materials, you may send a counter-notice containing the following information to the Copyright Agent:
- your full name, address, telephone number, and email address;
- Identification of the material that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- A statement that you consent to the jurisdiction of the Hong Kong courts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complainant informing that we will replace the removed content or cease disabling it within 10 business days unless an action is filed in court against you the content provider. If no action is filed by the original complainant in court, the removed content may be replaced, or access to it restored, within 10 to 14 business days or more after receipt of the counter-notice.
- In accordance with copyrights and other applicable law, our company has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Disclaimer of Warranty
- Without prejudice to the foregoing, you expressly agree that use of this App and the Application is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither our company, its subsidiaries, affiliates or any of their respective staff members, agents, licensors, or any of their officers, directors, staff members or agents, warrant that use of the App and the Application will be uninterrupted or error free; nor do they make any warranty as to (a) the results that may be obtained from use of this site, or (b) the accuracy, reliability or content of any information or service provided through this App and the Application. The App and Application are made accessible on an “as is” and “as available” basis. We hereby disclaim any representations, warranties and conditions, whether express or implied, including those to title non infringement, merchantability, and fitness for a particular purpose.
- The App and the Application is controlled and offered by us from our offices in Hong Kong.
We make no representations that the App and the Application are appropriate or available for use in other locations. Those who access or use the App and the Application from other jurisdictions will have to satisfy themselves and ensure that they comply with local laws or regulations when doing so.
By posting or placing any information or other material such as but not limited to any pictures, photographs or videos in the App (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such content has expressly granted) to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any such materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to the App alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses.
No waiver by either you or our company of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court or arbitrator of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
Reservation of Rights.
The failure of either party to exercise in any respect any right provided in this Agreement will not be deemed a waiver of such rights.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement, and any rights and licenses granted hereunder, are not assignable, transferable or sub-licensable by you except with our company’s prior written consent, but may be assigned by us without restriction. Any attempted transfer or assignment is violation hereof shall be null and void.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever.
Causes of Action