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 Helpbe. 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 Helpbe at anytime, whether in Hong Kong or elsewhere, for any reason or purpose.
A.The Company offers one or more of the following services through Helpbe pursuant to the Terms and Conditions:-
i.as platform for publishing and/or sharing and/or communicating information;
ii.broadcast messages for requesting services and/or products;
iii.broadcast messages for providing services and/or products;
iv.broadcast information on events hosting;
v.participate events function;
vii.online trading for Users (including but not limited to posting advertisements, promotional campaigns, offers, marketing materials and hosting special events); and
viii.setting on receiving precise and specific information function (hereinafter singly or collectively referred to as the "Services").
B.The Company reserves the rights, in its sole discretion, to modify the Services, including without limitation by removing, adding, or modifying any portion of Helpbe and to edit, modify, share, erase, delete or remove any Materials posted on Helpbe 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.
C.Except as specified in the Terms and Conditions, the Company is not a party to any actual transaction between Users.
2.Registration as Users
A.Users may freely browse Helpbe for information and use the tools which the Company makes available thereat. However, certain contents and functions of Helpbe, including without limitation to any reward scheme are only available to pro-users of Helpbe.
B.A User may register his/her user account via Helpbe. Users warrant that the personal particulars which they provide when they register as Users of Helpbe 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 accounts with Helpbe without further notice and/or recourse to the related Users.
C.User 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 User does so, the Company reserves the right to modify or delete the username or password and/or terminate his/her account with Helpbe. In any event the Company shall not be liable in any way for any improper use of a username or password by any Users.
D.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 their accounts. In no event shall the Company be responsible or liable for any loss or damage in relation to the unauthorized use of accounts by any person.
E.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.
F.Registration requests made pursuant to Clause 2.B 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.
G.The Company reserves the rights to deactivate or cancel any accounts of Users at any time as it deems necessary.
A.Users of Helpbe, agree not to use any of Helpbe for any of the purposes which are expressly prohibited below: -
i.All Users are prohibited from interfering with, disrupting or violating, or attempting to interfere with, disrupt or violate the security, servers or network of Helpbe (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.
ii.A User shall not delete or revise any material or information posted by any other Users.
iii.Users shall not use Helpbe (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 Users. 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 Users is strictly prohibited.
iv.Users shall not use Helpbe if they do not have legal capacity to form legally binding contracts or they are prohibited by law from accessing or using the Services.
v.Users shall not upload or post any advertisement or materials on Helpbe 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.
vi.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.
vii.Users shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
viii.Users shall not access or use the personal data of any other Users without his/her express permission.
ix.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.
x.User shall not allow others to use his/her username and password to access or use Helpbe.
4.Acceptable uses of Helpbe
A.User agrees that he/she/it shall only use Helpbe for lawful purposes and for enjoying the Services provided through Helpbe. The Company reserves the right to edit, share, reject, disapprove, erase and delete any Materials posted on Helpbe as it sees appropriate.
B.In the event that the User is an individual, he/she shall not post his/her identity card and/or passport number on Helpbe.
i.Users shall be solely responsible for the contents, messages, information, photos, links and/or videos (hereinafter singly or collectively referred to as the "Contents") uploaded, posted or shared by them and/or any web pages and/or media platforms and/or applications linked to Helpbe posted by them. The Company reserves the right to edit, share, reject, erase, remove and delete any Contents 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 Users at its sole discretion. If a User uploads or posts Contents on Helpbe and subsequently deletes and/or removes the same or the User terminates his/her/its account maintained with Helpbe, or that the Company deletes and/or removes such uploaded or posted Contents, such Contents will no longer be accessible by the User who uploaded or posted the same via that User’s account; however, such deleted Contents may still persist and appear on any part of Helpbe, and/or be used in any form by the Company.
ii.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.
iii.If Users use any of Helpbe to upload, post and share Contents, including but not limited to instantly uploading, posting and sharing photos taken, the Users are consenting to the Contents being shared.
iv.The Users’ use of Helpbe 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.
v.The Users shall use Helpbe 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 Helpbe, and indemnify them for any loss, damage, action, claim or demand arising from or in connection with the use of Helpbe by such Users.
vi.This paragraph shall be applicable to Users posting advertisements, special offers, commercial information, promotional and marketing materials on Helpbe.
vii.Upon payment of a service fee to the Company or upon acceptance of any free trial promotion offer, Users 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).
viii.The Company also reserves the right to change the service fee or institute new charges or fees to be paid by Users for posting advertisements, special offers, commercial information and/or promotional materials on any of Helpbe, as it deems appropriate.
ix.In the event that any User 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, the Company reserves the right to suspend or terminate that User account, advertisements and links to web pages and/or media platforms and/or applications without prejudice to all its other rights and remedies.
x.Users agree that he/she/it shall only use Helpbe for lawful purposes and for enjoying the Services provided therein. The Users agree that any personal data received via Helpbe 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 Helpbe. 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 Users also agree that any personal data collected via Helpbe or from the Company shall be promptly and properly deleted when the above purposes have lapsed or been achieved.
xi.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 Helpbe or not) for any purpose. All Users accept that all personal data, information or materials provided by them publicly on Helpbe 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.
6.Intellectual Property Rights
A.All contents of Helpbe, 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, 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.
B.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.
C.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 Helpbe 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.
A.Users acknowledge that the Company may not pre-screen or pre-approve certain Contents posted on Helpbe or any Contents sent through Helpbe. In any event, the Company takes no responsibility whatsoever for the Contents on Helpbe or any Contents sent through Helpbe, or for any Contents lost and does not make any representations or warranties regarding the content or accuracy of any Contents therein.
B.Any Contents uploaded or posted on Helpbe by the Users may be viewed by users of other web sites and/or media platforms and/or applications linked to Helpbe 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 Contents posted on Helpbe. Links to third party web sites and/or media platforms and/or applications provided on Helpbe 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 Helpbe, 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 and accuracy of any Contents, 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 Helpbe), 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 Helpbe any third party web sites and/or media platforms and/or applications, he/she/it does so entirely at his/her/its own risk.
C.The Company shall have the right to remove any Contents uploaded or posted on Helpbe, to expel the Users from and prevent their further access to Helpbe (by way of, including but not limited to, terminating the 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 service agreement(s) entered into between the Company and the User(s).
D.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 Helpbe or that the service has been provided, refund the remaining fees (if any) to the related Users in accordance with the Terms and Conditions or service agreement(s) entered into between the Company and the related Users (without prejudice to the Company’s rights and remedies hereunder.)
A.The Company may not monitor Helpbe at all times but reserves the right to do so. The Company does not warrant that any Contents 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 Helpbe 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 Helpbe, for whatever reason made. WHILST ENDEAVOURING TO PROVIDE QUALITY SERVICE TO ALL USERS, the company does not warrant that Helpbe will operate error-free or that Helpbe and their server are free of viruses or other harmful mechanisms.
B.If use of Helpbe 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. Helpbe 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 Helpbe.
A.All users shall use Helpbe and any other web sites and/or media platforms and/or applications accessed through Helpbe, 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 Contents uploaded or posted by the Users or endorse any opinions expressed by the 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 Helpbe, at any time for breaching this agreement or violating the law and also reserves the right to remove any Contents which is abusive, illegal, disruptive or inappropriate at the Company’s sole discretion.
A.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 Helpbe, their use of any services provided by the Company via Helpbe, or their breach of any term of this Terms and Conditions 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.
11.Limitation of the Service
A.The Company shall have the right to limit the use of the Services, including the period of time that Contents will be posted on Helpbe, the size, placement and position of the Contents, email messages or any other contents which are transmitted by the Services.
12.Termination of Service
A.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 Contents 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 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 Contents posted on Helpbe to any User at any time, both before or after cessation of the Services or upon removal of the related Content(s) from Helpbe.
A.The Company does not have control over and does not guarantee the truth or accuracy of listings of any Contents posted on Helpbe or any content on third party web sites and/or media platforms and/or applications accessed via Helpbe.
B.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.
C.The Company does not guarantee uninterrupted, continuous and/or secure access to the any Services via Helpbe. Part of or the entire Helpbe 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 Helpbe offline with or without notice for reasons including but not limited to system maintenance or upgrading.
D.In any event, the Company, its officers, directors, employees, agents, partners, representatives, shareholders, servants, attorneys, predecessors and successors shall not be liable for any losses, claims and/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 Helpbe, 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, advertisers or restaurants; and/or (iii) any performance, non-performance, conduct or policies of any merchants, advertisers or restaurants.
E.The Company is not an agent of any of the merchants or advertisers.
A.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.
17.Governing Law and Dispute Resolutions
A.The Terms and Conditions and any dispute or matter arising from or incidental to the use of Helpbe 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.
B.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:
i.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.
ii.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.
iii.The language to be used in the arbitral proceedings shall be English.
iv.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.
19.Rights of Third Parties
A.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.
A.Should there be any inconsistency between the English version and any version in other language, the English version shall always prevail.
A.For any query, please contact us.
用戶進一步接受並同意，他們應就其使用Helpbe遵守所有適用的法律、法規、條例和規章﹙不論是否具有法律效力的﹚。用戶了解到互聯網之全球性質並瞭解和同意他們或須遵守其司法管轄區以外適用的法律、 法規、 條例或規章。術語“用戶”是指所有的個人/實體在任何時候，無論是在香港或其他地方，以任何理由或目的登入和/或使用Helpbe 。
A.通過在Helpbe上發佈資訊，用戶無條件授予本公司非獨家的、全球的、不可撤銷、無版稅版權、行使其資訊之著作權，發表和數據庫權 ﹙但沒有其他權利﹚， 以便本公司在任何地方，無論有沒有商業收益，以任何形式使用、發佈、託管、展示、推廣、複製、下載、提交、傳播、複製，轉移、編輯、銷售和再利用資料，及實施載於私隱政策中和本文所述的用途。
A.Helpbe的所有內容，包括不限於文本、圖片、資訊、評論、版面、資料庫、照片、聲音、視頻格式、軟體、品牌和HTML 均是本公司或用戶的知識產權﹙視情況而定﹚，這些均受版權和商標法保護而不可被下載、 複製、 修改、 轉載、 列印或以任何方式傳送，用戶下載及/或列印一份此類材料作為其個人合法和非商業用途或根據本公司與用戶已簽訂的服務合同範圍內而下載和/或列印此類材料除外。除條款和細則及任何特定Helpbe的條款和細則或與本公司簽訂的條款訂定之用途外，用戶嚴格禁止使用任何上述之內容，本公司保留與此相關的所有權利。用戶認同他們將單獨負責因違反版權法及/或其他知識產權法所引致的任何不良後果。
C.用戶同意本公司可以自由地使用、 披露、 採用和修改所有其通過Helpbe而提供的想法、概念、提案、建議及其它交流及資訊而毋須因此給予其任何報酬或補償。用戶謹此放棄就本公司使用、披露、採用及/或修改其想法、概念、提案、建議及其它交流及資訊而向本公司索取任何報酬、收費、特許權使用費、 手續費及/或其他費用的權利。
A.本公司有權因任何原因﹙包括但不限於用戶違反任何法律、條款和細則、Helpbe或任何特定平臺之條款和細則或本公司與用戶簽署的任何服務合同之條款和細則﹚及沒有通知的情況下刪除或停用任何帳戶或屏蔽任何用戶的郵件或IP 地址，或終止對用戶的服務，或移除服務內的資訊。本公司保留其認為適當或必要時，在任何時候採取以上有關行動， 包括但不限於向該用戶採取法律行動。本公司沒有義務在停止服務或删除Helpbe中的資訊之前或之後，向任何用戶傳達Helpbe上發佈的任何資訊。
D.在任何情況下，本公司、其執行官、董事、雇員、代理、合作商、代表、股東、服務員、律師，前任和繼任人員任絕不需因 ﹙i﹚ 用戶使用或無法使用Helpbe的內容或服務，包括因疏忽，或因各方的分歧；﹙ii﹚ 用戶使用任何用戶提供的服務或產品 ； 和/或﹙iii﹚ 任何用戶行為，提供的服務或政策，而直接或間接引起或造成的任何損失、 索償或損害賠償﹙包括但不限於直接、 間接、 偶然、 特殊、 懲罰性或相應的損害賠償，業務或利潤損失﹚負任何責任。
A.若﹙i﹚ 此條款和細則， ﹙ii﹚ 平臺和/或應用程式之特定使用條款，﹙iii﹚ 私隱政策； 與 ﹙iv﹚本公司與任何用戶簽署的服務合同之條款包括服務合同或服務訂購，和/或本公司主辦的任何特殊活動的任何具體使用之條款和細則相牴觸，則以第 ﹙i﹚ 項優先於其他文件。
i.指派機關應為香港國際仲裁中心 ﹙以下簡稱"仲裁中心"﹚； 或由本公司在任何國家中﹙以其唯一和絕對酌情權﹚任命其認為適合和適當的指派機關。任何用戶明白及同意如與本公司發生糾紛，本公司對指派機關的選擇和任命有最終決定權。