This Terms of Use Agreement (the “Agreement”) governs your use of the websites, mobile applications and services (collectively, the “Services”) provided by [Hong Kong Live Feed Limited (“HKLF”) through the website at https://hklivefeed.tv, and all related domains and sub-domains, as may be amended or updated by us from time to time and/or the HKLF mobile application software, including all its features and content and the services that HKLF makes available on or through it, and any and all updates, upgrades, supplements, enhancements and releases thereto as may be provided by us from time to time (each a “Platform”, and collectively, “Platforms”).
- Introduction
This Agreement applies to all users of the Services, including but not limited to readers, sellers, buyers, merchants, or contributors of content, information and other materials (each a “User”, and collectively, “Users”).
If you are entering into this Agreement for and on behalf of a business entity, the term “you” in this Agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not allow.
This Agreement is between you and HKLF or between you and any different service provider identified for a particular Service.
In this Agreement, “item” or “items” includes, without limitation, first-hand goods, second-hand goods, services, courses and videos.
By using the Services in any manner, including but not limited to visiting or browsing the Services, live streaming, selling or buying items, you agree to observe and be bound by this Agreement and the additional terms and conditions and policies referenced herein.
HKLF reserves the right to amend, change, modify or update this Agreement at any time. You will be deemed to have agreed to the revised Agreement by your continued use of the Services following the date on which the revised Agreement is published here.
- Your Use of the Services
Subject to your compliance with this Agreement, HKLF grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
You can use parts of the Services, such as browsing and searching for Content (as defined hereinafter), without having an Account (as defined in Clause 3 below) or by logging in with your Facebook or Google account. However, you do need an Account to use some features. With an Account, you may be able to subscribe pages of other Users, create your own page, buying and selling items, and more.
You shall use the Services in accordance with this Agreement and should not:
- access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Services or any Content except unless it is expressly authorized by the Services, or prior written permission from HKLF and, if applicable, the respective rights holders have been obtained;
- circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Services, or attempt to do any of the foregoing, including, without limitation, security-related features or features that prevent or restrict the copying or other use of Content, or limit the use of the Services or Content;
- upload any Content that violates or infringes the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights of another party;
- copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services;
- make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services;
- violate any applicable laws, rules or regulations in connection with your access or use of the Services;
- use the Services in violation of or to circumvent any sanctions or embargo;
- remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of HKLF or its affiliates, partners, suppliers or licensors;
- use the Services for any purpose for which it is not designed or intended;
- use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by HKLF;
- use any proprietary information or interfaces of HKLF or any other intellectual property of HKLF in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services;
- use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable;
- use the Services to distribute or post automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters or pyramid schemes;
- upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components;
- use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services;
- collect or harvest any information in respect of other Users without their consent;
- commit any act to avoid paying any applicable fees and/or charges;
- attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include, without limitation, creating fake or duplicate accounts, generating fake orders, buying and reselling your own inventory;
- misuse any reporting, flagging, complaint, dispute, or appeal process, including but not limited to making groundless, vexatious or frivolous submissions; and
- authorise or encourage anyone to do any of the foregoing.
HKLF reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your Account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of this Agreement, our guidelines, any additional terms and conditions and policies.
- Account
You would need to have an account with HKLF (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
- If you are an individual, you are 18 years of age or older;
- If you are representing a company, organisation or any other legal entity (the “Entity”), you are authorized by the Entity to do so and have the authority to legally bind the Entity to this Agreement;
- You are capable of entering into and performing legally binding contracts under applicable law; and
- All information which you provide is true, accurate and complete.
If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for all activities and transactions under your Account. You are obliged to keep your password secure. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party.
You are responsible to comply with HKLF’s current policies and guidelines) (which form part of this Agreement) and all applicable laws with respect to your activities and the Content which you upload to the Services.
Unless expressly permitted by HKLF and subject to this Agreement and any other additional terms as HKLF determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user’s Account without their permission.
- HKLF Subscription Plan
In addition, you may also purchase HKLF subscription plan (“HKLF Subscription Plan”) for access and use of additional features.
Any such purchases shall be in accordance with the HKLF’s subscription rules and fees, which forms part of this Agreement. If you want to find out more information about HKLF Subscription Plan, please visit here.
- Fees and Payments
Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged subscription fees, listing fees and/or fees and charges otherwise in relation to your Account or listing (collectively, the “HKLF Fees”).
You may pay your HKLF Fees using Paypal or other electronic means of transfer. You may also pay your HKLF Fees through any of the methods as may be made available on the Platforms or as may be notified to you from time to time.
You acknowledge and agree that all subscription fees, listing fees and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any HKLF Fees in the event that: (i) your Account is suspended or terminated due to a breach of this Agreement; and/or (ii) any Content has been removed in accordance with this Agreement.
- Listing Fees
You may be charged a listing fee in accordance with HKLF’s prevailing listing fees’ rules and charges, which forms part of this Agreement.
You acknowledge and agree that:
- HKLF does not represent or warrant that any HKLF Fees paid or payable will lead to a like, offer, chat and by extension, sale; and
- there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of this Agreement; and/or (ii) any Content has been removed in accordance with this Agreement.
For more details on the listing fees, you may visit here.
- Transaction Fees
You acknowledge and agree that you may be charged card fees, success fees and/or any other applicable transaction fees (each a “Transaction Fee”, and collectively, the “Transaction Fees”) by HKLF, as follows:
- Seller – “Success Fee”
If you are a seller of a transaction using the Platforms, once you accept the order and commence delivery, the Transaction Fees (if any) applicable to such order (as stipulated during your order detail form) shall be deducted from the payment that is due to you from the buyer of the same transaction.
You can read more about the Transaction Fees through here.
- Final Value Fees
If you are a seller, you are liable for Transaction Fees arising out of all sales made using some or all the Services, even if sales terms are finalized or payment is made outside of the Platforms. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of the Platforms, you may be liable to pay a final value fee applicable to that item, even if the item doesn't sell, given your usage of the Services for the introduction to a buyer.
- HKLF’s Objective
HKLF aims to provide a venue for Users to interact with each other, and to buy and sell items through our Services. HKLF does not pre-screen a User or the Content provided by a User, nor is HKLF directly involved in transactions between Users. Consequently, HKLF has no control over, and you agree that HKLF is not responsible or liable for, any of the following:
- The quality, safety, morality or legality of any aspect of the items listed;
- The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items;
- The true identity, age, nationality, or sense of humour of a User; and
- Any Content posted by Users.
You are encouraged to use the features and functions available on the Services to communicate with other Users and/or to find out more about the items which a User has put up for sale. However, please exercise common sense and good judgment in your interactions with other Users. While HKLF endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other Users is entirely at your own risk.
- Content
The Services allow Users to create listings, live stream and share content, such as photos, videos, comments, data, text, links and other information (“Content”).
You retain ownership rights in the Content which you upload or share on the Services but you grant HKLF a worldwide, fully-paid, royalty-free, sub-licensable, and transferrable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to HKLF’s Privacy Notice) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.
You also grant each other User of the Services a worldwide, non-exclusive, royalty-free license to access your Content through the Services, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a User to make use of your Content independent of the Service.
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Services. You understand and agree, however, that HKLF may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
You may remove your Content from the Services at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by this Agreement.
You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.
You acknowledge that HKLF does not pre-screen Content uploaded by users. HKLF shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, HKLF shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
- If the Content is in breach of this Agreement;
- If the Content is in violation of any applicable law or regulation in any jurisdiction in the world;
- If HKLF has received a complaint or notice of infringement in respect of the Content; or
- If the Content is otherwise objectionable.
HKLF may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or Users, or to otherwise enforce this Agreement.
- Selling and Buying on HKLF
HKLF only provides the Platforms for selling and buying of items through our Services. Generally, HKLF is not responsible for the followings aspects of any item sold through our Services, namely (1) delivery, (2) repair and maintenance, (3) replacements, (4) returns, (5) refunds, and (6) cancellations.
- Sellers on HKLF
If you want to become a seller on HKLF, you are required to submit an application to us for approval. For more information, please visit here.
After your application have been approved and you (as a seller) are using the Services to create a listing and offer an item for sale, you agree to comply with the following:
- All items must comply with this Agreement and HKLF’s policies, which can be found here.
- You must provide a fair, accurate and complete description of each item, including your price for the item;
- Each item must have its own listing;
- Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever; and
- All items must be listed in the appropriate category.
You acknowledge and agree that HKLF has no control over any website other than the HKLF website.
Without prejudice to the rest of this Agreement and HKLF’s policies, you warrant, in respect of each item which you offer for sale on the Services (as the case may be), that:
- You are the owner of the item, and the item is not stolen;
- The item is not counterfeit and does not infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights;
- The sale of the item complies with all laws and regulations which apply to that item;
- The item is not dangerous, hazardous or subject to a recall by a government or manufacturer; and
- The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.
All offers made and accepted through the Services are binding.
If you (as a seller) have accepted a buyer’s offer for an item:
- You agree to deliver the item or otherwise complete the transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer’s identity;
- You may charge reasonable delivery and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive delivery fees or otherwise avoid fees; and
- You may not misrepresent the item’s location and price or alter the item’s price after a sale.
- Delivery Service
Sellers must arrange delivery service by themselves in every Transaction (as defined hereinafter).
HKLF allows a seller to: (i) specify available delivery option(s); and (ii) specify delivery fees for each available delivery option, for an item listed on the Platforms. When a buyer places an order of the item, the buyer shall choose an available delivery option specified by the seller and shall be responsible for paying the stipulated delivery fees for such delivery option. The seller is responsible for ensuring all the information (including delivery fees) specified by the seller using the delivery service is correct. The seller shall charge only the delivery fees applicable to the delivery method chosen by the buyer in accordance with this Clause 7, as stipulated at the time when the buyer places an order.
Sellers are solely responsible for delivering sold items to buyers via the delivery option chosen by the buyer. You acknowledge and agree that HKLF has no control over any delivery of the items sold through the Platforms, including but not limited to the delivery fees and method specified by sellers.
Buyers are encouraged to choose a tracked and/or registered delivery option as they bear the risk of any lost deliveries in the event of an untracked delivery. In the event of any tracked delivery that does not arrive, a seller may be required to provide valid proof of delivery that allows HKLF to verify that the item was dispatched to the address provided by the buyer for the specific order. In any event, HKLF is not responsible for any delays, delivery failures, damages, or losses resulting from the delivery service.
- Replacements, Returns and Cancellations
Sellers can create their own rules to replacements, returns, and refunds. For more details, please visit here.
- Account Balance
All the payments that a seller has earned from selling items through the Planforms will be accepted through the seller’s Account and reflected as a balance (“Balance”), after certain conditions have been met. Such conditions include the establishment and verification of information in respect of the following by HKLF and/or its Payment Service Providers (as defined hereinafter), using reliable and independent sources, and retention of reference documents used in such verification:
- where you are representing an Entity, the identities of all directors, partners and persons having executive authority as if such persons were themselves a User;
- your identity (as well as identity and authority of any agent and/or natural person appointed by you to act on your behalf in relation to your Account); and
- the existence of any beneficial owner in relation to your Account and if so, the identity of each such beneficial owner;
as may be required pursuant to the requirements of the relevant economic sanctions, anti-money laundering and counter-terrorism financing laws and any other applicable laws and regulations.
In the event your available Balance exceeds HK$300, excluding the Disputed Money (as defined hereinafter) involved in any Disputed HKLF Transaction (as defined hereinafter), HKLF will automatically transfer (each, an “Automatic Transfer”) the entire available Balance to your linked PayPal account (the “Default Transfer Method”) on a regular basis and at a frequency determined by HKLF. Such Automatic Transfers will occur only on business days and funds may take up to thirty (30) business days to be credited to your Default Transfer Method.
No fees will be imposed by HKLF for each Automatic Transfer. Notwithstanding anything to the contrary herein, HKLF reserves the right to amend and/or impose any rates and/or fees for any Automatic Transfers, with at least ten (10) days prior notice to you. We will notify you of the changes by posting a notice on our Services or by email. Your continued use of our Services after such notice constitutes your acceptance of the updated rates and/or fees.
- Buyers on HKLF
HKLF allows a buyer to make payment for purchase of an item listed on the Platforms through Paypal.
If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you are cannot authenticate the seller’s identity.
In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, anti-money laundering compliance, compliance with economic or trade sanctions, in connection with HKLF’s internal risk controls or due to potential violations of any policy of HKLF, or a policy of the Payments Services Providers.
HKLF may save payment information, such as your Paypal account information, entered by you on HKLF Services when you make a purchase, redeem a coupon, or make any other transaction on HKLF Services where card information is entered. You are responsible for maintaining the accuracy of information we have on file, and you consent to HKLF updating such stored information from time to time based on information provided by you or other payments services providers. You will only provide information about payment methods that you are authorized to use.
If you (as a buyer) want to seek replacements, returns or cancellation, you are required to communicate with the seller directly. For more details, please visit here.
- Information Collected during Transactions
In communicating with a User through the Services for the offering of or acceptance of services or purchase or sale of an item (each a “Transaction”, and collectively, “Transactions”), you may obtain personal information of that User, such as their email address, phone number and mailing address. Without obtaining prior permission of the User, you shall use such information solely for the purpose of the Transaction.
- No Participation in Transactions
Notwithstanding the foregoing, as HKLF is not involved in Transactions which are considered solely between Users, HKLF cannot ensure that a User (whether as a buyer or seller) would follow through and complete a Transaction.
- Payment System
HKLF adopts the PayPal payment system as the payment service (“Payment Service”).
- Payment Service Providers
In order to provide the Payment Service, you acknowledge that HKLF may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Payment Service Providers”) into the Platforms and that Payment Service Providers provide its payment processing services subject to their respect Additional Terms (as defined hereinafter). In order to use the Payment Service, you agree to comply with such Additional Terms, as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms (as defined hereinafter).
Information required for Payment Service: In order to use the Payment Service, you must provide HKLF and/or its related corporations with accurate and complete information required for the payment services including account information for at least one valid Paypal account through the Platforms. HKLF and/or its related corporations uses such information as described in the Privacy Policy, and you acknowledge and agree that we may use certain third party service providers including PayPal to process payments and to manage the account information you have provided to us. You may add, delete, and edit the payment method account information you have provided from time to time directly through the Platforms.
By providing the information of a Paypal account , you represent and warrant, that: (i) you are legally authorised to provide such information to us; (ii) you are legally authorised to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorize a payment using any such account(s) via the Platforms, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).
You agree to authorise HKLF and/or its related corporations to process the Payment Service on your behalf including but not limited to making, accepting and/or refunding any payments, in accordance with this Clause 8.
- Additional Terms
If you use any of the Payment Service, you acknowledge that such services shall be subject to or governed by additional terms and conditions of third party service providers, partners, subcontractors and/or agents (“Additional Terms”). You agree to comply with such Additional Terms including the terms and conditions set out in the PayPal User Agreement, which may be modified or updated from time to time, and any other terms and conditions that may be referred to or incorporated within such Additional Terms.
- Prohibited Items
You acknowledge and agree that you shall not use the Payment Service in connection with any content, business or activities set out in here. HKLF reserves the right to take all steps to ensure that you do not use the Payment Service in connection with such businesses or activities. Any transactions involving any such content, businesses or activities shall be void, and you agree that HKLF and/or its related corporations may, at its sole discretion, refund the relevant payment to the relevant party for such transactions minus any transaction, service and/or administration fees that may be charged by HKLF and/or its service providers, subject to any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction.
You further agree that you are responsible for all purchases and/or sales using the Services under your Account, including transactions which you did not authorise.
- Disputed HKLF Transactions
If you and/or a User of our Services files a dispute through the Platforms in connection with any Transactions (each a “Disputed HKLF Transaction”, and collectively, “Disputed HKLF Transactions”) between you and the User, you agree to comply with the procedures set out in the guidelines and FAQ (available here) (“HKLF Resolution Procedures”).
If you and the User are unable to agree or resolve such dispute in accordance with the relevant procedures set out in the HKLF Resolution Procedures, you agree that such dispute shall be finally resolved by HKLF, which shall be binding and final, subject to any applicable laws and regulations. You agree to comply with HKLF’s decisions and instructions in connection with such dispute. You further agree to release HKLF and/or its related corporations from any demands, claims, actions, proceedings, suits, liabilities, damages, costs and expenses in connection with or arising out of any of your disputes with users of our Services in connection with the Disputed HKLF Transaction.
You acknowledge and agree that HKLF and/or its related corporations may, at its sole discretion: (i) freeze and hold the money paid in connection with the Disputed HKLF Transaction (“Disputed Money”) unless and until the dispute is resolved; (ii) return or provide any portion of the Disputed Money to the buyer and/or seller; (iii) require the buyer to return the item bought through the Disputed HKLF Transaction (“Disputed Item”) to the seller; (iv) require the seller to refund the Disputed Money to HKLF (or its related corporations) or the buyer; and/or (v) require the seller to exchange the Disputed Item with a replacement for the buyer. You agree to comply with all HKLF’s instructions in accordance with this Clause 9.
In the event of a Disputed HKLF Transaction which involves an investigation by the police or other government or regulatory authority, subject to (i) any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction, and/or (ii) any claims made by any third party relating to the Disputed Money, HKLF may, at its sole discretion: (a) freeze and hold the relevant Disputed Money (unless and until the dispute is resolved); and (b) thereafter, return or provide any portion of the Disputed Money to the buyer and/or seller at HKLF’s reasonable discretion.
- Disputes with Users
Without prejudice to Clause 9, if you are in dispute with a User of our Services, you are encouraged to contact that User to resolve the situation amicably. If the dispute is notified to HKLF, HKLF will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release HKLF from any claims, demands and damage arising out of your disputes with users of our Services.
- Privacy
Your privacy is very important to us at HKLF and we have provided the HKLF Privacy Notice to explain our privacy practices. Please review the Privacy Notice to understand how HKLF collects, uses and discloses information collected and received from you at here.
- Intellectual Property
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of HKLF. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of HKLF. You are not granted any intellectual property rights in and to the Services not expressly granted in this Agreement and such rights are hereby reserved and retained by HKLF.
The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between this Agreement and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
You are not authorised by HKLF to use HKLF’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of HKLF, which may be withheld for any or no reason.
- Reporting Unauthorised Content
HKLF respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please follow the steps provided here to report the same to us.
HKLF reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
- Suspension and Termination
You may terminate your Account after completion of the termination procedures. For details of the termination procedures, please visit here (the selection on "Cancellation of Account").
HKLF reserves the right to, at its sole discretion, and without liability:
- suspend or terminate your Account and/or your access to the Services at any time, for any breach of this Agreement, our guidelines, any additional terms and conditions and policies;
- suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice; and
- change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
You acknowledge and agree that if you terminate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to back up the Content which you upload to the Services.
Upon termination, all licenses and rights granted to you in this Agreement will immediately cease.
- No Warranty
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
HKLF does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and HKLF’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). HKLF is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from HKLF or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that HKLF has no obligation to support or maintain the Services.
HKLF disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by Users or the third party content and services. HKLF is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.
In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your discretion and risk. HKLF does not accept any responsibility in connection with your participation in activities conducted by any other party.
- Limitation of Liability
You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the services is to request for termination of your Account and/or discontinue any use of the Services.
In no event shall HKLF or its subsidiaries, affiliates, officers, directors, employees, partners, suppliers, licensors or agents be liable for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings, loss or corruption of data, or indirect, incidental, consequential, special or exemplary damages arising out of or in connection with:
- your access or use of or inability to access or use the Services or any third party content and services;
- your conduct or the conduct of other Users in connection with the use of the Services including, without limitation, death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other Users or persons you meet through the services, whether or not the damages were foreseeable and whether or not HKLF was advised of the possibility of such damages;
- errors, mistakes, or inaccuracies on the Services;
- any unauthorized access to or use of the Services;
- any interruption or cessation of the Services;
- any viruses or malicious code transmitted to or through the service by any third party;
- any content whether submitted by a User or HKLF, including your use of Content; and/or
- the removal or unavailability of any Content.
This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.
Without limiting the generality of the foregoing, HKLF’s aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of fees received by HKLF in respect of the services giving rise to such claims. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Indemnity
You will indemnify and hold harmless HKLF, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of this Agreement; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
- Compatibility
HKLF does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that HKLF and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
- Sub-contracting by HKLF
HKLF reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as HKLF deems appropriate.
- Miscellaneous
You and HKLF are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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.
Except as provided herein, any failure by HKLF to exercise a right or require performance of an obligation in this Agreement shall not affect HKLF’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of this Agreement constitute a waiver of any subsequent breach.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
This Agreement constitutes the entire agreement between you and HKLF and supersedes all prior or contemporaneous understandings and/or agreements between you and HKLF.
In this Agreement, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
- Governing Law and Jurisdiction
You hereby agree that the laws of Hong Kong shall govern this Agreement and that the courts of Hong Kong shall have non-exclusive jurisdiction over any dispute arising out of or in connection with this Agreement.
- Language
This document is originally written in English and may be translated into other language and in event of any conflict arising, the English version shall prevail.
