Terms and Conditions of Service
Yourfluffypets.com and its sub-domains (hereinafter collectively referred
to as the "Sites") are powered by Billion Way Asia Limited (hereinafter
referred to as "Billion Way"). Billion Way and/or its subsidiary(ies)
and/or affiliate(s) (hereinafter collectively referred to as the
“Company”; and where the context requires or permits, “Company” may refer
to any one of Billion Way and/or its subsidiary(ies) and/or affiliate(s))
also operate and provide services via, apart from the Sites, other media
platforms or other websites (hereinafter referred to as the "Platforms")
and Billion Way mobile webs and mobile applications (hereinafter referred
to as the "Applications") which are developed in whole or in part by the
Company. The Sites, the Platforms and the Applications may be referred to
singly or collectively as the "Channels" hereinafter. Access to and use of
the contents and services provided on the Channels shall be subject to the
Privacy Policy and the terms and conditions which are set out below
(hereinafter referred to as the "Terms and Conditions").
By using the Channels and any other site and/or media platforms and/or
applications accessed through such Channels, users of the Channels
(hereinafter referred to as the "Users") acknowledge and agree that the
Privacy Policy and the Terms and Conditions set out below are binding upon
them. If a User does not accept either or both of the Privacy Policy
and/or the Terms and Conditions, please do not use the Channels. The
Company reserves the right, at its own discretion, to revise the Privacy
Policy and the Terms and Conditions at any time without prior notice. Once
posted on the Channels, the amended Privacy Policy and the Terms and
Conditions shall apply to all Users. Users are advised to visit this page
periodically to review the latest Privacy Policy and the Terms and
Conditions. A User’s access to the Channels and the Services (as defined
in Clause 1.1 below) will be terminated upon his/her notice to the Company
that any change is unacceptable; otherwise the continued use shall
constitute acceptance of all changes and the said changes shall be binding
upon the User.
By using the Channels, Users acknowledge and agree that, if applicable,
apart from being bound by the Terms and Conditions set out herein, they
will at the same time be bound by the terms and conditions of the relevant
and applicable Channel(s) that they use and the terms and conditions of
the relevant and applicable Channel(s) operated by the Company which their
Materials (as defined in Section 4.1 below) are being / have been uploaded
to or posted on.
Users further acknowledge and agree that they shall comply with all
applicable laws, statutes, ordinances and regulations (whether or not
having the force of law) regarding their use of the Channels. Users
recognize the global nature of the Internet and understand that the
applicable laws, statutes, ordinances and/or regulations may be of a
jurisdiction other than their own and agree that compliance with the same
is their absolute responsibility.
The terms “User” and “Users” herein refer to all individuals and/or
entities accessing and/or using the Channels at anytime, whether in Hong
Kong or elsewhere, for any reason or purpose.
- General Terms
- The Company offers one or more of the following services through
the Channels pursuant to the Terms and Conditions:- (i) as platform
for sharing comments and photos related to pet service experiences;
(ii) online directory of pet services; (iii) advertising services
(including but not limited to posting advertisements, promotional
campaigns, offers, marketing materials and hosting special events);
and (iv) any other contents, features, services and/or applications
made available by the Company via the Channels (hereinafter singly
or collectively referred to as the "Services").
- The Company reserves the rights, in its sole discretion, to modify
the Services, including without limitation by removing, adding, or
modifying any portion of the Channels and to edit, modify, share,
erase, delete or remove any Materials posted on the Channels for any
reason from time to time and without notice. The Company shall have
no liability to any Users for any of the foregoing actions except
pursuant to terms of any service agreement signed with the Company,
if any.
- Except as specified in the Terms and Conditions, the Company is
not a party to any actual transaction between Users.
- The Company is committed to protect the privacy of the Users. The
Company uses the information of the Users according to the terms as
described in the Privacy Policy.
- Registration as Member
- Users may freely browse the Channels for information and use the
tools which the Company makes available thereat. However, certain
contents and functions of Channels, including without limitation
submission of reviews are only available to registered members of
the Channels (“Members”).
- A User may become a Member of the Channels by registering online
at the section “Fluffy Pets Member Registration”, or registering
with his/her Facebook account or Google account. Users warrant that
the personal particulars which they provide when they register as
Members of the Channels are true, accurate, current, complete and
not misleading in all respects, and further undertake to promptly
update the Company where there is any subsequent change in such
particulars. Users’ failure to do so would entitle the Company to
suspend and/or terminate their membership account (“Account”) with
the Channels without further notice and/or recourse to the related
Users.
- Users must not select a username or password that violates any
person’s rights or one that in the Company’s opinion is offensive,
improper or inappropriate. If a User does so, the Company reserves
the right to modify or delete the username or password and/or
terminate his/her Account with the Channels. In any event the
Company shall not be liable in any way for any improper use of a
username or password by any User.
- Users shall be solely and entirely responsible for maintaining the
confidentiality of the login information and password and any other
information in respect of their Accounts and responsible for all
activities that occur in connection with the Account. In no event
shall the Company be responsible or liable for any loss or damage in
relation to the unauthorized use of Account by any person.
- Users agree to immediately notify the Company of any unauthorized
use of their Accounts or any other breach of security with respect
to their use of the Services.
- Registration requests made pursuant to Clause 2.2 may be refused
by the Company at its sole and absolute discretion and Users agree
that the Company is under no obligation to send Users any alert,
notice or explanation regarding the Company’s rejection of
membership registration.
- The Company reserves the rights to deactivate or cancel any User’s
Account at any time as it deems necessary.
- The information that Users provide to the Company on the
registration form to become a Member will be dealt with in
accordance with our Privacy Policy, and the Company strongly
recommends Users to read the said Privacy Policy prior to
registration as the terms stated therein are binding upon all Users.
- Prohibited Uses for all Users
- Users of the Channels, including Members, agree not to use any of
the Channels for any of the purposes which are expressly prohibited
below: -
- All Users are prohibited from interfering with, disrupting or
violating, or attempting to interfere with, disrupt or violate the
security, servers or network of the Channels (including without
limitation, accessing data not intended for them, logging into a
server or account which they are not authorized to access,
attempting to probe, scan or test the vulnerability of a system or
network, attempting to breach security or authentication measures
without proper authorization, attempting to interfere with service
to any user, host or network or sending unsolicited e-mails).
Violation of system or network security by Users may result in
civil and/or criminal liabilities.
- A User shall not delete or revise any material or information
posted by any other Users.
- Users shall not use the Channels (1) for uploading, posting,
publishing, transmitting, distributing, circulating or storing
material in violation of any applicable laws or regulations; (2)
in any manner that will infringe the copyright, trademark, trade
secrets or other intellectual property rights of others or violate
the privacy or publicity or other personal rights of others; (3)
in any manner that is illegal, harmful, defamatory, libelous,
obscene, discriminatory, harassing, threatening, abusive, hateful
or is otherwise offensive or objectionable; or (4) for commercial
purposes other than pursuant to these Terms and Conditions or
terms and conditions of any service agreement(s) entered into
between the Company and the User. In particular, Users shall not
print, download, duplicate or otherwise copy or use any personally
identifiable information about other Users (if any). The sending
of unsolicited communications of any type by a User to other Users
are strictly prohibited.
- Users shall not use the Channels if they do not have legal
capacity to form legally binding contracts or they are prohibited
by law from accessing or using the Services.
- Users shall not upload or post any advertisement or materials on
the Channels contains any false, inaccurate, misleading, libelous
content, computer viruses, trojan horses, worms, computed files or
other materials that may interrupt, damage or limit the
functionality of any computer software or hardware or
telecommunication equipment.
- Users shall not upload or post any materials involving the sale
or provision of any illegal products or services or any materials
containing fraudulent information.
- Users shall not engage in spamming, including but not limited to
any form of emailing, posting or messaging that is unsolicited.
- Users shall not access or use the personal data of any other
Users without his/her express permission.
- Users shall not assign or transfer any rights or obligations
under these Terms and Conditions to any third person without the
Company’s prior written consent thereto.
- Members shall not allow others to use his/her username and
password to access or use any Channels.
- Acceptable uses of the Channels
- Specific uses - Applicable to User(s) uploading or
posting photos, content, views, comments, messages, materials and/or
any information on the Channels (hereinafter collectively referred to
as the “Material(s)”).
User(s) uploading or posting the Materials shall hereinafter
referred to as the "Posting User(s)".
- A Posting User agrees that he/she/it shall only use the
Channels for lawful purposes and for enjoying the Services
provided through the Channels. The Company reserves the
right to edit, share, reject, disapprove, erase and delete
any Materials posted on the Channels as it sees
appropriate.
- In the event that the Posting User is an individual,
he/she shall not post his/her identity card and/or
passport number on the Channels.
- Although the Company shall use its reasonable endeavors
to ensure that the database of the Posting Users’ personal
data is only accessed by personnel of the Company, the
Company does not guarantee that other parties will not,
without the Company’s consent, gain access to such
database. For the usage and protection of personal data
provided by the Posting Users, please refer to the Privacy
Policy .
- Posting Users shall be solely responsible for the
Materials uploaded, posted or shared by them and/or any
web pages and/or media platforms and/or applications
linked to the Channels posted by them. The Company
reserves the right to edit, share, reject, erase, remove
and delete any Materials and links to web pages and/or
media platforms and/or applications as it sees
appropriate. The Company shall have the right to terminate
any services to any Posting Users at its sole discretion.
If a Posting User uploads or posts Materials on the
Channels and subsequently deletes and/or removes the same
or the Posting User terminates his/her/its account
maintained with the Channels, or that the Company deletes
and/or removes such uploaded or posted Materials, such
Materials will no longer be accessible by the Posting User
who uploaded or posted the same via that Posting User’s
account; however, such deleted Materials may still persist
and appear on any part of the Channels, and/or be used in
any form by the Company.
- The Company reserves the right to request any User to
cease using or to change his/her/its username immediately
upon notice given to him/her/it without giving any reason
as and when the Company deems appropriate to do so; if any
User disagrees and refuses to abide by such request made
by the Company, the Company may at any time at its sole
discretion, deactivate that User’s account without prior
notification to that User and without prejudice to all the
Company’s other rights and remedies.
- By using any of the Channels, Users acknowledge and
agree to the following:-
- If Users use any of the Channels to upload, post and
share Materials, including but not limited to instantly
uploading, posting and sharing photos taken, the Users
are consenting to the Materials being shared;
- The Users’ use of the Channels may cause personally
identifying information to be publicly disclosed and/or
associated with the relevant Users, even if the Company
has not itself provided such information; and
- The Users shall use the Channels at their own option
and risk and at their own accord. The Users will hold
the Company and its officers, shareholders, employees,
agents, contractors and affiliates harmless for
activities related to their use of the Channels, and
indemnify them for any loss, damage, action, claim or
demand arising from or in connection with the use of the
Channels by such Users.
- This paragraph shall be applicable to Users posting
advertisements, special offers, commercial information,
promotional and marketing materials on the Channels
(hereinafter referred to as “Advertiser(s)” or
“Merchant(s)”):-
- Upon payment of a service fee to the Company or
upon acceptance of any free trial promotion offer,
Advertisers or Merchants will be entitled to use the
Sites and/or Platforms and/or Applications (as the
case may be) to post advertisements, special offers,
commercial information and/or promotional materials
(subject to the Terms and Conditions and any specific
terms and conditions of any service agreement(s)
entered into between the Company and the Advertiser or
Merchant (“Service Agreement”), and in the event of
any conflict between the two, the latter shall
prevail).
- The Company also reserves the right to change the
service fee or institute new charges or fees to be
paid by Advertisers or Merchants for posting
advertisements, special offers, commercial information
and/or promotional materials on any of the Channels,
as it deems appropriate.
- In the event that any Advertiser or Merchant fails
to pay the service fee or any other fees or charges
due to the Company or is in breach of any term of the
Terms and Conditions or the Service Agreement, the
Company reserves the right to suspend or terminate
that Advertiser’s or Merchant’s user account,
advertisements and links to web pages and/or media
platforms and/or applications without prejudice to all
its other rights and remedies.
- This paragraph shall be applicable to the Users who post
reviews on the Channels:-
- Users should at all times comply with the Company’s
Review Guidelines as may be amended by the Company
from time to time; and
- Users should not at any time or under any
circumstances be compensated for writing a review or
removing a review written by them.
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- Specific uses - User(s) viewing and/or using the Materials posted on
the Channels (hereinafter referred to as the "Viewer(s)")
The Viewer agrees that he/she/it shall only use the Channels for
lawful purposes and for enjoying the Services provided therein. The
Viewer agrees that any personal data received via the Channels or from
the Company shall only be used for the purpose of identifying and/or
locating advertisements or materials or any content therein or for the
purpose of enjoying the Services provided through the Channels. Any
personal data received which are irrelevant to the above purposes
shall be disregarded and shall not be saved, stored, collected,
processed, used, distributed, published, disclosed or transmitted in
any way, including but not limited to for any commercial purpose. The
Viewer also agrees that any personal data collected via the Channels
or from the Company shall be promptly and properly deleted when the
above purposes have lapsed or been achieved.
The Company shall not be responsible or held liable in any way if any
Users, in breach of the Terms and Conditions or the terms and
conditions of any relevant and applicable Channel(s), whether in Hong
Kong or elsewhere, use any other Users’ personal data, information or
materials (whether obtained from the Channels or not) for any purpose.
All Users accept that all personal data, information or materials
provided by them publicly on the Channels are voluntarily provided and
are given entirely at their own risk. The Company shall not bear the
responsibility of protecting the personal data, information or
materials so provided publicly therein.
- Content License
By uploading or posting Materials on the Channels, the User
unconditionally grants the Company a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free right to exercise the copyright,
publicity and database rights (but no other rights) he/she/it has in the
Materials in order that the Company can use, publish, host, display,
promote, copy, download, forward, distribute, reproduce, transfer, edit,
sell and re-use the Materials in any form and anywhere, with or without
making any commercial gains or profits, and carry out the purposes set
out in the Privacy Policy and herein.
- Intellectual Property Rights
All contents of the Channels, including without limitation the text,
images, information, comments, layout, database, graphics, photos,
pictures, sounds or audio formats, software, brands and HTML are the
intellectual properties of the Company or the Users (as the case may be)
which are protected by applicable copyright and trademark laws and may
not be downloaded, copied, modified, reproduced, printed or distributed
in any way except that Users may download and/or print a copy of such
materials for their own legal and non-commercial uses or for such
purposes as permitted under the terms and conditions of any service
agreement(s) entered into between the Company and the User(s)). Any use
of any of such content other than those permitted under the Terms and
Conditions, the terms and conditions of any specific Channel(s) and the
terms and conditions of any service agreement(s) entered into between
the Company and the User(s) is strictly prohibited and the Company
reserves all its rights in this respect. Users acknowledge that they
will be solely responsible for any adverse consequences arising from
their breach of copyright laws and/or other intellectual property laws.
For the avoidance of doubt, any purported consent of any third parties
on the use of the contents and materials mentioned under this Clause
shall not exonerate the Users from the restrictions/prohibitions imposed
hereunder in whatsoever manner.
Users agree that the Company is free to use, disclose, adopt and
modify all and any ideas, concepts, proposals, suggestions, comments and
other communications and information provided by them to the Company in
connection with the Users’ use of the Channels without any remuneration
or compensation to them. Users hereby waive all and any rights and
claims for any consideration, fees, royalties, charges and/or other
payments in relation to the Company’s use, disclosure, adoption and/or
modification of such ideas, concepts, proposals, suggestions, comments
and/or other communications and information.
- Contents
Users acknowledge that the Company may not pre-screen or pre-approve
certain content posted on the Channels or any content sent through the
Channels. In any event, the Company takes no responsibility whatsoever
for the content on the Channels or any content sent through the
Channels, or for any content lost and does not make any representations
or warranties regarding the content or accuracy of any material therein.
Any Materials uploaded or posted on the Channels by the Users may be
viewed by users of other web sites and/or media platforms and/or
applications linked to the Channels and the Company is not responsible
for any improper and/or illegal use by any user or third party from
linked third party web sites and/or media platforms and/or applications
of any data or materials posted on the Channels. Links to third party
web sites and/or media platforms and/or applications provided on the
Channels are provided solely as a convenience to the Users and as
internet navigation tools, and not in any way an endorsement by the
Company of the contents on such third party web sites and/or media
platforms and/or applications. Unless otherwise stated on the Channels,
the Company has no control over or rights in such third party web sites
and/or media platforms and/or applications and is not responsible for
any contents on such third party web sites and/or media platforms and/or
applications or any use of services provided by such third party web
sites and/or media platforms and/or applications by the Users. All Users
acknowledge and agree that they are solely responsible for the form,
content and accuracy of any Materials, web page or other information
contained therein placed by them. The Company is not responsible for the
content of any third party web sites and/or media platforms and/or
applications (regardless of whether they are linked to the Channels),
and does not make any representations or warranties regarding the
contents or accuracy of materials on such third party web sites and/or
media platforms and/or applications. If any User accesses via hyperlinks
on the Channels any third party web sites and/or media platforms and/or
applications, he/she/it does so entirely at his/her/its own risk.
The Company shall have the right to remove any Materials uploaded or
posted on the Channels, to expel the Users from and prevent their
further access to the Channels (by way of, including but not limited to,
terminating the membership accounts and blocking the Users’ Internet
Protocol addresses) at its sole discretion without any notice,
compensation or recourse to the Users if the Company considers at its
sole discretion that such Users have breached or is likely to breach any
law or regulations or the Terms and Conditions or any terms and
conditions of any specific Channel(s) or service agreement(s) entered
into between the Company and the User(s).
In the event that the Company decides to remove any paid advertisement
or paid services for any reasons not relating to any breach of law or
the provisions herein, the Company may, after deducting the fees charged
for the period that the advertisement has been posted on the Channels or
that the service has been provided, refund the remaining fees (if any)
to the related Advertiser or Merchant in accordance with the Terms and
Conditions or the terms and conditions of any specific Channel(s) or
service agreement(s) entered into between the Company and the related
Advertiser or Merchant (including without limitation the Service
Order(s)), without prejudice to the Company’s rights and remedies
hereunder.
Users agree and consent that the Company may, subject to the terms of
the Privacy Policy , use their personal data and/or other information
provided to the Channels for purposes relating to the provision of
Services and/or offered by the Company and marketing services and/or
special events of the Company.
- Responsibility
The Company may not monitor the Channels at all times but reserves the
right to do so. The Company does not warrant that any Materials or web
page or application will be viewed by any specific number of Users or
that it will be viewed by any specific User. The Company shall not in
any way be considered an agent of any User with respect to any use of
the Channels and shall not be responsible in any way for any direct or
indirect damage or loss that may arise or result from the use of the
Channels, for whatever reason made. WHILST ENDEAVOURING TO PROVIDE
QUALITY SERVICE TO ALL USERS, THE COMPANY DOES NOT WARRANT THAT
THE CHANNELS WILL OPERATE ERROR-FREE OR THAT THE CHANNELS AND THEIR
SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE
CHANNELS OR THEIR CONTENTS RESULT IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA BY ANY USER, THE COMPANY SHALL NOT BE
RESPONSIBLE FOR THOSE COSTS. THE CHANNELS AND THEIR CONTENTS ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO
THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL
WARRANTIES, INCLUDING, WITHOUT PREJUDICE TO THE FOREGOING, ANY IN
RESPECT OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS OR TIMELINESS OF THE CONTENTS, SERVICES, TEXT, GRAPHICS
AND HYPERLINKS ON THE CHANNELS.
- Own Risk
ALL USERS SHALL USE THE CHANNELS AND ANY OTHER WEB SITES AND/OR MEDIA
PLATFORMS AND/OR APPLICATIONS ACCESSED THROUGH THE CHANNELS, ENTIRELY
AT THEIR OWN RISK. All Users are responsible for the
consequences of their postings. The Company does not give any
representations or guarantees regarding the truthfulness, accuracy or
reliability of any Materials uploaded or posted by the Posting Users or
endorse any opinions expressed by the Posting Users. Reliance by any
User on advertisements and materials posted by the other Users will be
at their own risk. The Company reserves the right to expel any User and
prevent his/her/its further access to the Channels, at any time for
breaching this agreement or violating the law and also reserves the
right to remove any Materials which is abusive, illegal, disruptive or
inappropriate at the Company’s sole discretion.
- Indemnity
All Users agree to indemnify, and hold harmless the Company, its
officers, directors, employees, agents, partners, representatives,
shareholders, servants, attorneys, predecessors, successors and assigns
from and against any claims, actions, demands, liabilities, losses,
damages, costs and expenses (including legal fees and litigation
expenses on a full indemnity basis) arising from or resulting from their
use of the Channels, their use of any services provided by the Company
via the Channels, or their breach of any term of this Terms and
Conditions or any terms and conditions of any specific Channel(s) or
service agreement(s) entered into between the Company and the User(s).
The Company will provide prompt notice of any such claim, suit or
proceedings to the relevant User.
- Limitation of the Service
The Company shall have the right to limit the use of the Services,
including the period of time that Materials will be posted on the
Channels, the size, placement and position of the Materials, email
messages or any other contents which are transmitted by the Services.
- Termination of Service
The Company shall have the right to delete or deactivate any account, or
block the email or IP address of any User, or terminate the access of
Users to the Services, and remove any Materials within the Services
immediately without notice for any reason, including but not limited to
the reason that the User breached any law or the Terms and Conditions or
any terms and conditions of any specific Channel(s) or any service
agreement(s) entered into between the Company and the User(s). The
Company reserves the right at any time to take such action as it
considers appropriate, desirable or necessary including but not limited
to taking legal actions against any such User. The Company shall have no
obligation to deliver any Materials posted on the Channels to any User
at any time, both before or after cessation of the Services or upon
removal of the related Material(s) from the Channels.
- Disclaimer
The Company does not have control over and does not guarantee the truth
or accuracy of listings of any Materials posted on the Channels or any
content on third party web sites and/or media platforms and/or
applications accessed via the Channels.
The Company shall not be liable for any default of obligations or duties
directly or indirectly caused by or resulted from any causes beyond the
Company’s reasonable control, including but not limited to Internet
failure or any system default.
The Company does not guarantee uninterrupted, continuous and/or secure
access to the any Services via the Channels. Part of or the entire
Channels may be unexpectedly unavailable for whatever duration and for
whatsoever reasons that may include but not limited to system
malfunctions and disruptions, Internet access downtime and other
technical problems beyond the Company’s control for which we cannot and
shall not be held responsible. The Company reserves the right to take
any part or the whole of the Channels offline with or without notice for
reasons including but not limited to system maintenance or upgrading.
IN ANY EVENT, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, PARTNERS, REPRSENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS,
PREDECESSORS AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY LOSSES, CLAIMS
OR DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS OR
PROFIT) DIRECTLY OR INDIRECTLY SUFFERED BY ANY USER WHATSOEVER AND
HOWSOEVER ARISING OR RESULTING FROM OR CONNECTED WITH (i) ANY USER’S
USE OR INABILITY TO USE THE CHANNELS, THEIR CONTENTS OR THE SERVICES,
INCLUDING NEGLIGENCE AND DISPUTES BETWEEN ANY PARTIES; (ii) ANY USER’S
USE OF ANY SERVICES OR PRODUCTS PROVIDED BY ANY MERCHANTS OR ADVERTISERS; AND/OR (iii) ANY PERFORMANCE, NON-PERFORMANCE, CONDUCT
OR POLICIES OF ANY MERCHANTS OR ADVERTISERS.
THE COMPANY IS NOT AN AGENT OF ANY OF THE MERCHANTS OR ADVERTISERS.
- Limitation of Liability
Without prejudice to the above and subject to the applicable laws, the
aggregate liability of the Company to any User for all claims and
expenses arising from their use of the Services and/or the Channels
shall be limited to the amount of HK$100.
- Security Measures
The Company will use its reasonable endeavors to ensure that its
officers, directors, employees, agents and/or contractors will exercise
their prudence and due diligence in handling the personal data submitted
by the Users, and the access to and processing of the personal data by
such persons is on a "need-to-know" and "need-to-use" basis. The Company
will use its reasonable endeavors to protect the personal data against
any unauthorized or accidental access, processing or erasure of the
personal data. For the Company’s policies regarding the usage and
protection of personal data provided by Users of the Channels, please
refer to the Privacy Policy.
- Severability
The provisions of the Terms and Conditions shall be enforceable
independently of each other and the validity of each provision shall not
be affected if any of the others is invalid. In the event any provision
of the Terms and Conditions is determined to be illegal, invalid or
unenforceable, the validity and enforceability of the remaining
provisions of the Terms and Conditions shall not be affected and, in
lieu of such illegal, invalid, or unenforceable provision, there shall
be added as part of the Terms and Conditions one or more provisions as
similar in terms as may be legal, valid and enforceable under the
applicable law.
- Conflict
If there is any conflict among (i) these Terms and Conditions, (ii)
specific terms of use appearing on the Platforms and/or the
Applications. (iii) Privacy Policy; and (iv) terms and conditions of any
service agreement(s) including Service Agreement or Service Order
entered into between the Company and the User(s), and/or any specific
terms and conditions of use in respect of any special events hosted by
the Company, the latest shall prevail over other documents and then the
following descending order of procedure shall apply:- (i) Privacy
Policy; (ii) the specific terms of use appearing on the Platforms and/or
the Applications; and (iii) the Terms and Conditions, subject always to
the express contrary provisions (if any) contained in the aforesaid
documents.
- Governing Law and Dispute Resolutions
The Terms and Conditions and any dispute or matter arising from or
incidental to the use of the Channels shall be governed by and construed
in accordance with the laws of the Hong Kong Special Administrative
Region of the People’s Republic of China (hereinafter referred to as
"Hong Kong"), unless otherwise specified.
Any dispute, controversy or claim arising out of or relating to the
Terms and Conditions including the validity, invalidity, breach or
termination thereof, shall be settled by arbitration in accordance with
the HKIAC 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 (hereinafter referred to as "HKIAC"); or
alternatively, an appointing authority may be appointed by the Company
at its sole and absolute discretion in any country which the Company
considers as fit and appropriate. Any User(s) who are in dispute with
the Company acknowledge(s) and agree(s) that the choice of appointing
authority nominated by the Company shall be final and conclusive.
- The place of arbitration shall be in Hong Kong at HKIAC; or
alternatively, at any such arbitral body in any country as the Company
considers fit and appropriate at its sole and absolute discretion. Any
User(s) who are in dispute with the Company acknowledge(s) and
agree(s) that the choice of the arbitral body and the place of
arbitration nominated by the Company shall be final and conclusive.
- There shall be only one arbitrator.
- The language to be used in the arbitral proceedings shall be
English.
- In the event of any breach of the Terms and Conditions by any one
party, the other party shall be entitled to remedies in law and equity
as determined by arbitration.
- Rights of Third Parties
Except as expressly set forth herein, no person other than the parties
to these Terms and Conditions shall have any right to enforce any term
hereof.
- Inconsistency
Should there be any inconsistency between the English version and any
version in other language, the English version shall always prevail.
- Enquiries
For any query, please click here or contact us at cs@yourfluffypets.com
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