Terms and Conditions
1. The Terms
1.1 The terms and conditions outlined herein (the “Terms”) constitute a legally binding agreement between you and Sportatous Limited ("the Company", "we", "our" or "Sportatous"). The Terms apply to your use and access to our services, including our website(s), our application(s), our application programming interfaces (APIs), our notices and any information or content appearing therein ("Sportatous Platform"or "the Platform"). By using the Platform, you agree to the Terms whether you are a paying user or a non-paying visitor. If you are using our Platform as a representative of an entity, you are agreeing to the Terms on behalf of that entity. If you do not agree with any of the Terms, please do not access or use the Platform under any circumstances. The Company reserves the right to refuse access to and use of the Platform. Please be sure to read the Terms before using the Platform.1.2 You should also read our privacy policy (the “Privacy Policy”) which is available at www.sportatous.com for information about what personal data we collect and how we process it. It is important that you read our Privacy Policy, which may be updated from time to time, and understand how we use your information and your rights in relation to your information.
2. ABOUT US AND HOW TO CONTACT US
2.1 The Company is registered in Hong Kong with registration number 74305933 whose registered office is at Flat 03 11/F., Global Trade Square, 21 Wong Chuk Hang Road, Wong Chuk Hang, Hong Kong.2.2 For any questions or problems relating to our Platform or services, or the Terms, you can contact us by emailing us at support@sportatous.com or writing to us at Flat 03 11/F., Global Trade Square, 21 Wong Chuk Hang Road, Wong Chuk Hang, Hong Kong.
2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. CHANGE OF TERMS
3.1 These Terms list Sportatous current Terms and policies, but Sportatous reserves the right, at its sole discretion, to change or modify any part of the Terms from time to time without prior notice. You should visit this page periodically to review the most current Terms to which you are bound. If Sportatous changes or modifies the Terms, Sportatous will post the changes of the Terms on this page and will indicate at the bottom of this page the date on which the Terms were last updated. In addition, Sportatous may cease all or part of the Platform at any time without notice and is not obligated to retain or return any post or comment.3.2 If you object to any changes of the Platform, your sole recourse shall be ceasing using this Platform. Your continued use of the Platform after any such modifications constitutes your acceptance of the modified Terms. If you do not agree to abide by the modified Terms, please do not use or access or continue to use or access the Platform. It is your responsibility to regularly check the Platform to ascertain the changes to the Terms.
In addition, when using the Platform, you may be subject to additional terms applicable to a particular service which will be posted on the page relating to such particular service from time to time. You should also read and the Privacy Policy adopted by Sportatous from time to time. All such terms are hereby expressly incorporated into these Terms.
4. SPORTATOUS’S ROLE AND RELATIONSHIP WITH USERS
4.1 Sportatous created and provided online website and mobile application service that:-(a) Quotation Based Services: connects users requesting sport related services (known as "Players" thereafter) with users who provide sport related services (known as "Sport Professional" for singular and "Sport Professionals" for plurals thereafter) ("Players” and “Sport Professionals” are collectively referred to as the “Users”) (All sport related services available for request via the Platform are referred to as “Sport Services”). This service shall be provided by the Sport Professionals by sending their respective quotations at the request of the Players through the Platform. The Company is not a party to the transactions, in the provision of such services and it shall not facilitate any payment between the Users. (known as "Quotation-Based Services").
(b) Sport Friend Event-Based Services: provide a platform for Users to organise or participate in sport related gathering events. This service can be provided by any Users. A User may initiate a sport gathering event for all the other interested Users to join. When it refers to the service of sport gathering event, the Company does not facilitate any payment between the Users and the Company. The Company is neither a party to any of such event nor will participate or facilitate in organising any of such events. (known as "Sport Friend Event-Based Services"); and
(c) S+ e-Vouchers Services: provide a platform for sponsors to provide e-Voucher services to the Users. This service refers to any Users who is the buyer or any person connected with such buyer or on behalf of such Corporates/Sponsor ("Sponsor") who purchases any S+ e-Voucher services through the Platform or Manual Purchase (as defined in clause 10) (known as “S+ e-Vouchers Services”). S+ e-Vouchers Services applied in both Quotation-Based Services and Sport Friend Event-Based Services.
4.2 The Users may upload, download or whatever similar ways to apply all content (image, video, graphics, text content) including the generation by the artificial intelligence techniques (collectively called as “AI Content”) on the Platforms to facilitate the services. It is the responsibility of the Users to ensure that all AI Content applied for inclusion on the Platform complies with all the relevant laws. Sportatous assumes no responsibility for any inaccuracy or illegality of the AI Content posted. The Users acknowledge and agree that Sportatous merely act as a role to provide the platform for communications among Users. Sportatous does not itself provide sport related services. Users contract directly with each other, and their respective contractual rights are governed by the contractual terms between them and by applicable laws. You acknowledge that we do not supervise, direct, or control a Sport Professional's services performed in any manner. Sport Professionals may voluntarily wear a Sportatous uniform or other Sportatous badges purely for the purpose of identification and promotion purpose. The relationship between Sportatous and the Sport Professionals are independent of each other and in any event it shall not constitute agency or employment relationship. Sport Professionals acknowledge that they will not be entitled to any rights or benefits as employee. Accordingly, Sportatous shall not be liable for any conduct, negligence or default of Sport Professionals for any service provided by them.
4.3 Sport Professionals acknowledge that they will rely on their own experience and professional knowledge or skill in the provision of any services to the Players by themselves only and Sportatous shall not involve in any instruction, supervision and advice thereof. Sport Professionals shall, at their own costs and expenses, prepare and/or purchase and maintain necessary equipment and tools and comply with the laws of Hong Kong as to the required obligation under an independent contract with the Players (including purchase of valid insurance coverage) in order to provide the services lawfully. Sport Professionals hereby warrant and undertake that they have the necessary licenses, qualification, skills and experience to provide the Sport Service. Sport Professionals will assume all responsibility for their own chance of profit and risk of loss.
5. THE AVAILABILITY OF OUR FUNCTIONALITIES
5.1 We are constantly changing and improving the Platform. We may from time to time change or discontinue any of the functionalities we offer, or add or remove functionalities or features, and we may suspend or stop certain functionalities or features altogether. If we discontinue certain functionalities or features, we will give you advance notice where it is reasonably possible.5.2 We may release functionalities or features that we are still testing and evaluating. We will label such functionalities as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these functionalities are not as reliable as other functionalities we offer.
5.3 We reserve the right to limit your use of the Platform a we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of the Terms or are misusing the Platform.
5.4 We try our best to ensure that the Platform is always available, but we do not guarantee that the operation of or access to the Platform will be uninterrupted or continuous. The Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
5.5 You are responsible for configuring your information technology, computer programmes and platform or system in order to access the Platform. We do not guarantee that the Platform will be free from bugs or viruses.
6. YOUR ACCOUNT AND PASSWORD
6.1 In registering for an account on the Platform, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.6.2 You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
6.3 We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion that you are in breach of the Terms. Sportatous reserves the right not to issue or to remove without notice to Users. In terms of the provision of Sport Services by Sport Professionals or Sport Friend Services by Players and all other related matters, the Users contract directly with each other, and their contractual rights are governed by the contractual terms between them and by applicable laws.
6.4 You agree to follow our Acceptable Use Policy, which is set out at the end of these terms.
6.5 You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.
6.6 For Sport Professionals, an account is deemed "Inactive" if it has not been logged in for 12 months or more. An email reminder will be sent out before your account expires. If an account is "Inactive", you will not be able to send quotation to Players as a Sport Professional. However, you will still be able to request for services as a Player. If an account is "Inactive", credits associated with the account will expire. To reactivate, please contact us at support@sportatous.com. The Company reserves the right to permanently terminate any inactive accounts in any event.
7. USE OF PLATFORM
7.1 You must comply with the Terms, the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.7.2 Subject to your payment of applicable fees, we shall give you a personal, worldwide, royalty-free, non-assignable, non-transferable, non-sublicensable, non-exclusive and revocable licence to access and use the Platform, including any software or application as part of the Sport Services we offer. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by us and in the manner as permitted by the Terms.
7.3 You acknowledge and agree that the Platform is for your personal use only. You undertake not to misuse or attempt to misuse or circumvent the Platform, or are using or attempting to use the Platform for any unlawful, immoral, inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming. You may not use the Platform to recreate or compete with the Company, or to solicit or harass other Users, or for any other purpose not contemplated herein. You are prohibited from advertising or soliciting services not within the ambit of any of the services offered by the Platform at the material time when the advertisement or solicitation was publicized.
7.4 All personal information about Users is confidential, and you may not collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform. You acknowledge that the violation of the foregoing could result in significant damages, and you agree that you are liable to the Company for any such damages, and will indemnify the Company in the event of any third-party claims against the Company based on or arising from your violation of the foregoing.
7.5 The Company reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate appropriate legal actions or proceedings without notice to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies, for your misuse or suspected misuse of the Platform. This licence to use the Platform will terminate if you do not comply with the Terms or other additional terms or conditions imposed by us from time to time.
8. PROCESS FOR QUOTATION-BASED SERVICES
8.1 Upon filing a request for Sport Service, Players shall receive invitation from Sport Professionals. Players are entitled to select the suitable Sport Professionals based on ratings and reviews of the Sport Professional provided by Players of the Platform. Players are obliged to observe the terms of their contract with Sport Professionals, and to furnish payment to Sport Professionals on a mutually-agreed date.8.2 Sportatous do not undertake to provide Players with suitable the Sport Professional(s), nor do we guarantee to Sport Professionals that they will be selected by the Players who submit the requests. Once selected and accepted by the Players, the Sport Professionals undertake to perform the services in accordance with their contract with Players.
8.3 Sport Professionals warrant and undertake that:
(a) Sport Professionals shall, at their own costs and expenses, prepare and/or purchase and maintain necessary equipment and tools and comply with the laws of Hong Kong as to the required obligation under an independent contract with the Players (including purchase of valid insurance coverage) in order to provide the services lawfully.
(b) Sport Professionals have the necessary licenses, qualification, skills and experience to provide the Sport Service.
(c) The Sport Professionals shall arrange and maintain all necessary or required insurance in respect of the Sport Services provided on their own account and at their own cost at all times.
(d) Sport Professionals hold full responsibility in the settlement of claims and the recovery of losses raised by the Players in relation to the provision of the Sport Services.
(e) Sport Professionals are responsible for providing true, valid and complete information to the Hong Kong government to fulfil the taxation requirements in the provision of Sport Services.
8.4 Sport Professionals may choose to assign, sub-contract or transfer the Sport Services opportunities referred to appropriate and qualified Sport Professionals as long as the referee is approved by the Players.
9. PROCESS FOR SPORT FRIEND EVENT-BASED SERVICES
9.1 Upon filing a request for Sport Friend Event-Based Services, the event owner players (“Event Owners”) will receive responses from other Players. Event Owners are entitled to select the players based on ratings and reviews of the Players provided by Users of the Platform.9.2 Sportatous do not undertake to provide Event Owners with suitable Player(s), nor do we guarantee to Players that they will be selected by the Owner players who submit the requests. Once selected and accepted by Players, Players undertake to perform the Sport Friend Event-Based Service pursuant to their agreement with the Event Owners.
9.3 Players warrant and undertake that:
(a) Players and Event Owners shall, at their own costs and expenses, prepare and/or purchase and maintain necessary equipment and tools and comply with the laws of Hong Kong.
(b) The Players and Event Owners shall arrange and maintain all necessary or required insurance in respect of the services provided on their own account and at their own cost at all times.
(c) The Players and Event Owners hold full responsibility in the settlement of claims and the recovery of losses in relation to the services.
(d) Sport Professionals are responsible for providing true, valid and complete information to the Hong Kong government to fulfil the taxation requirements in the provision of services.
10. PROCESS FOR S+ E-VOUCHERS SERVICES
Sport Professionals and Event Owners are entitled to receive S+ e-vouchers for the Sponsors (or “you” alternatively) to purchase and utilise via the Platform. In the process of S+ e-vouchers Service, the Sponsors are payers of the S+ e-vouchers issued on the Platforms. To avoidance of doubt, Sport Professionals (but not the Event Owners) are entitled to clear the S+ e-vouchers into cash or cash equivalents as10.1 Recipients (as below defined).
10.2 The Terms applies to any order placed by you and to any distribution of Sport S+ e-Voucher by us to the recipients.
10.3 If you choose to order S+ e-Voucher through the Platform, you shall enter an S+ e-Vouchers’ agreement in writing ("S+ e-Voucher Agreement") and no other terms implied by trade, custom, practice or course of dealing. You purchase any S+ e-Voucher services through us via (i) the Platform; and/or (ii) manually without using the Platform (“Manual Purchase”).
10.4 The Terms applies to any order placed by you and to any distribution of Sport S+ e-Voucher by us to the recipients of any such S+ e-Voucher. Unless you have entered an S+ e-Vouchers' framework agreement in writing ("Framework Agreement"), no other terms are implied by trade, custom, practice or course of dealing.
10.5 You are responsible to pay service charge which is non-refundable and is equivalent to 10% of total amount of S+ e-Voucher (the “S+ e-Voucher Charge”) to us in advance to the issuance of such e-Voucher. Upon our confirmation of receipt of such payment, we will procure the issuance of S+ e-Voucher on the Platform on behalf of the Sport Professionals and Event Owners to the recipient Users within 24 hours .
10.6 You will either order S+ e-Voucher through the Platform or, subject to Framework Agreement, by a Manual Purchase.
(a) Creating your Campaign-Order
(i) the Platform. Please follow the onscreen prompts to place a Campaign-Order / create a Sponsorship-Plus Campaign (including selecting services options, S+ e-Voucher values, applicable activities or applicable service providers and so on); or
(ii) Manual Purchase. You may be permitted to make a Manual Purchase of S+ e-Vouchers provided that Sportatous agrees in writing to such purchase. Your placing of an order whether by clause
10.5(a)(i) or 10.5(a)(ii) will be treated as an offer by you to place an order for the e-Vouchers specified in the order subject to the terms of Framework Agreement and “Campaign-Order” shall mean any such order placed by the Sponsor either through the Platform or by Manual Purchase.
(b) Please check your Campaign-Order carefully before confirming the details of any Campaign-Order. You are responsible for ensuring that your Campaign-Order is complete and accurate. Sportatous shall not be liable or responsible for any errors or omissions inputted by you or any person authorised to do so, on your behalf. You irrevocably confirm and acknowledge that Sportatous shall not be obliged to refund nor is Sportatous liable to any extent for any refund of any amount in respect of any errors made in the Campaign-Order.
(c) Every Campaign-Order for Sportatous received from you shall be deemed to be an offer by you to purchase S+ e-Vouchers subject to these terms. If Sportatous accepts a Campaign-Order it will notify the Sponsor with an order confirmation confirming the details of the Campaign-Order.
(d) You irrevocably confirm that once you have selected or agreed your payment method with Sportatous then you have committed to be bound to pay S+ e-Voucher Charge and the balance of S+ e-Voucher services fee that is identified in such Campaign Order ("Purchase Price"). In some cases, such Purchase Price may be satisfied from time to time by a third party such as a local authority or Government body provided this is permitted in writing in advance by Sportatous and, further, Sportatous may require separate terms between that paying party and Sportatous.
11. S+ e-Voucher Payment
11.1 Subject to clause 10.5, you irrevocably confirm and acknowledge that the obligation to pay the Purchase Price to Sportatous is absolute and not conditional upon any confirmation or approval from any third party (including but not limited to any confirmation that such party will reimburse the Sponsors for any such costs).11.2 You agree that, unless agreed otherwise in writing by Sportatous, you shall pay the Purchase Price in full after Sport Professionals and/or Event Owners is obligated to deliver their services under the Framework Agreement. Unless Sportatous directs in writing otherwise, you shall pay such invoice within 14 days of the invoice date to such bank account nominated by Sportatous from time to time. In some circumstances Sportatous will require immediate payment. Notwithstanding to the contrary herein, the total amount of payment due under the S+ e-Voucher shall be exclusively based on the demonisation showed on the S+ e-Voucher and not the actual service fee provided, published or agreed upon between the Users.
11.3 You have the right to pay through making a direct payment at the time of the Campaign-Order, or to make a payment by way of an invoice which will then, for example, facilitate any payment by a third party if applicable. If you opt for payment by invoice, we shall issue an invoice to you or the appropriate legitimate payer as nominated by the Sponsors. The invoice shall reflect the details of the payment terms in compliance with our contract with the Sponsors.
11.4 You agree that Sportatous has the right to set off any amounts it holds on the their behalf against any monies that are owed by you or the paying party to Sportatous from time to time.
11.5 Without prejudice to any other right or remedy that it may have, if you fail to pay Sportatous any sum in full under the Framework Agreement or Terms and Conditions on the due date:
(a) you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 10% a year above the HK Prime rate from time to time, but at 5% a year for any period when that base rate is below 0%; and
(b) Sportatous may suspend or postpone all or part of its services until payment has been made in full.
11.6 All sums payable to Sportatous under Framework Agreement or Terms and Conditions shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
Allocation and use of S+ e-Vouchers
11.7 Once you have placed a Campaign-Order, it is your responsibility to ensure that the relevant information is provided to us and shall formally assign such S+ e-Vouchers to the appropriate recipients (or other relevant beneficiaries) (“Recipient(s)”) in accordance with clauses, inter alia, 10.1, 10.5, 11.2, 11.3 and 11.5.
11.8 The expiration date on S+ e-Vouchers vary depending on the S+ e-Voucher services setup. You acknowledges and accepts that Sportatous reserves the right to vary the expiry dates from time to time.
11.9 If any recipients' registration is managed by the you and you shall:
(a) provide the correct details of the Recipients to Sportatous either (i) into the Platform; or (ii) manually, and further, you take responsibility for any errors or omissions that result in any incorrect or omitted details provided to us; and
(b) if required to do so, you shall obtain and maintain the consent of the Recipients for the Platform to email/text or otherwise communicate with them to enable the Recipients to access and use the S+ e-Vouchers.
11.10 You irrevocably confirm and acknowledge that:-
(a) if any Recipient is unsuccessful in claiming any S+ e-Vouchers links to generate such e-Vouchers within any applicable deadlines (such as not claiming by the Recipient Expiry Date) then neither Sportatous, nor any other person shall be liable to pay you or such Recipient any refund for such failure;
(b) if any Recipient is unsuccessful in redeeming any claimed S+ e-Vouchers for any reason (including expiration of such S+ e-Vouchers in accordance with your expiry date assigned) then neither Sportatous, nor any other person shall be liable to pay you or such Recipient any refund for such failure; and
11.11 The S+ e-Vouchers are at your own risk once delivered to you or to the Recipient or any other recipient nominated by you.
Sponsor’s Obligations
11.12 The methodology of the delivery of the S+ e-Vouchers is that the Platform shall create the right for you to assign S+ e-Vouchers to certain Recipients and upon your notification to do so, it shall assign these to the Recipients. Recipients shall have access to the S+ e-Vouchers via the Platform. The Sponsors are payers of the S+ e-vouchers which were subscribed on the Platforms.
11.13 Sportatous shall provide its services with reasonable care and skill pursuant to the Terms and Conditions.
12. FEES, CHARGES AND TAXES
12.1 Sport Professionals acknowledge and accept that they are free of charge to place invitation on the Platform. Sport Professionals shall be liable to pay the applicable tax or statutory levies on the amount of fee at the prevailing statutory rate, if any. It is free of charge for Players to submit service requests on the Platform. Save and except for the e-voucher as provide in section 10.4, the transaction for payment between Users takes place offline and not through the Platform. We will use third party services to process payments. We retain the right, in our sole discretion, to place a hold on your credit card for an ordered or completed service transaction. While we do not store your credit card information, the credit card information may be encrypted and stored securely at a third-party payment for Sport Professional for your next payment. We reserve the right to suspend the processing of any transaction or disable or limit the use of the credit card in the event of any error in transaction which results in decline or chargeback from the financial institution or where we reasonably believe that the credit card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of the Terms of Use. You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place. You shall be responsible to resolve any disputes with your credit card company on your own. Additionally, the Company reserves the right to penalize Users in breach of these Terms and Conditions, e.g. by suspending their accounts, without prejudice to other measures that the Company is entitled to take against Users in breach. Such Users are liable to be punished with a fine, including but not limited to an account reactivation fee for the reactivation of an account that has been deactivated due to Users' violation of the Terms and Conditions.12.2 Payments for the Company are not refundable under any circumstances, including but not limited to the termination of accounts and cancellation of services in this Platform.
13. YOUR RIGHTS
13.1 You retain your rights to any information or content you submit, post or display on or through the Platform (“Your Content”). By submitting, posting or displaying Your Content, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content in any and all media or through any distribution channels (now known or later developed), subject to the applicable provisions in our Privacy Policy.13.2 You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other Users or visitors.
13.3 You warrant that Your Content is not and will not infringe rights of any third parties rights and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.
13.4 If you believe your intellectual property rights have been infringed, please contact us by emailing us at [please provide email address] .
14. OUR RIGHTS
14. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively, "Proprietary Material") that Users see or read through the Platform is owned by the Company and the Company has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. The Company owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the Copyright Ordinance of Hong Kong SAR, Chapter 528 of the Laws of Hong Kong SAR (the "Ordinance"), where practicable as amended. The Proprietary Material is protected by domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Platform without the Company's express prior written consent and, if applicable, the holder of the rights to the user generated content. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of the Company and, if applicable, the holder of the rights to the user generated content. The service marks and trademarks of Company, including without limitation the Company and the Company logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing via the Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.14.1 Our name and our marks and logos are our trade marks (be it registered or unregistered) and may not be used without our express prior written consent.
16. PRODUCTS
The Platform may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, "Products"), as well as references and links to Products. Such Products may be made available by Company or by third parties, and may be made available for any purpose, including general information purposes. Company may enter into arrangements with third parties for which it receives financial consideration for the sale of products or services as well as listings, descriptions or images of Products on the Site. Notwithstanding the foregoing, the availability through the Site of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colours, however the actual colours you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.17. TRANSACTIONS
We may make available the ability to provide donations, or to purchase or otherwise obtain certain Products through the Plaform (a "Transaction"). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to Company's applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Site. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.18. USER GENERATED FEEDBACK
18.1 You agree that all of the content and information posted by you or your agents or designees, with the exception of certain Personal Data as specified on our Privacy Policy, on the Platform, including but not limited to:(a) Ratings & Reviews,
(b) Photographs or Images
(c) Comments, Questions and/or Answers,
(d) Any other content (collectively, "Feedback")
may be viewed by the general public and will not be treated as private, proprietary or confidential.
18.2 You hereby grant the Company and its Users an irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertisements near and adjacent to your Feedback in any format or media (whether now know or hereafter created) on the Platform in any manner that we deem appropriate or necessary, including, if submitted, your name, and likeness throughout the world. Users agree that the license granted to the Platform shall be perpetual, and shall not be affected by the termination of the Platform or their account.
18.3 By posting or providing any Feedback to the Company, you represent and warrant to the Company that you own or have all necessary rights to use the Feedback, and grant to the Company the rights granted below. The foregoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Feedback that you provide. In addition, if you post or otherwise provide any Feedback that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
18.4 The Company reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other Users post on the Platform, at any time and without prior notice, if the Company determines (in its sole discretion) that such content contains or features any of the following:
(a) Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g. racist/discriminatory speech);
(b) References to illegal activity;
(c) Language that violates the standards of good taste or the standards of the Platform;
(d) Statements that are or appear to be false;
(e) Comments that disparage the Company.
(f) With respect to Ratings and Reviews of Sport Professionals, all of the above and in addition the following:
(g) Reviews that do not address the services of the Sport Professional or reviews with no qualitative value (e.g. "work has not started yet")
(h) Comments concerning a different Sport Professional.
(i) Information not related to work requested in the service request.
18.5 If a dispute arises between a Player and Sport Professional, the rating submitted may be held in pending status until resolution is reached. Players represent and warrant that any Rating and Review provided is accurate and truthful, and that they will only provide a Rating and Review for a Sport Professional that has performed Sport Services for them pursuant to their applicable service request.
19. DISCLAIMER FOR PRE-SCREENING PROCEDURES
19.1 For Quotation-Based Services while the Company takes certain steps to verify the identity of Sport Professionals, such verification is based on the information provided to us by Sport Professionals. Thus, we do not assume any responsibility for the accuracy or reliability of the identity or any information provided by Sport Professionals. The screening procedures are performed solely at the time the Sport Professionals register on the Platform, and the information provided may change and expire over time. While we require Sport Professionals to provide updated, current and accurate information in their profiles, we are under no obligation to update or to ensure that the information provided by Sport Professionals are accurate, updated, and authenticated. Players are advised to verify the information presented in the professional profile before hiring them.19.2 For Sponsors and Corporates, while the Company takes certain steps to verify the identity of Corporates/Sponsors, such verification is based on the information provided to us by the Corporates/Sponosrs. Thus, we cannot confirm that Sponsors/Corporates are who they claimed to be and we cannot and do not assume any responsibility for the accuracy or reliability of the identity or background check or any information provided by the Corporates/Sponsors themselves. Additionally, the aforementioned screening procedures are performed solely at the time the Coporates/Sponsors register on the Platform, and the information provided may change and expire over time. While we require Corporates/Sponsors to provide updated, current and accurate information in their profiles, we are under no obligation to update or to ensure that the information provided by Corporates/Sponsors are accurate, current, and truthful. Users are advised to verify their information before accepting them.
DISCLAIMER: THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO THE SCREENING PROCESS, PROCEDURE, OR INFORMATION OBTAINED OR PRESENT IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
20. EXEMPTION AND LIMITAITON OF LIABILITY
20.1 To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:(a) we provide the Platform on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;
(b) we give no assurance, representation or warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement about the Platform;
(c) we do not guarantee that the information, content or any links you find on the Platform is always accurate, truthful, complete and up-to-date and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.;
(d) we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors;
(e) we are not responsible for the conduct of or any content or information submitted or posted by any User of the Platform (whether online or offline);
(f) The existence of links (such as hyperlinks) on the Platform to such websites (including without limitation external websites that are provided by Sport Professionals, as well as any advertisements displayed in connection therewith) does not mean that the Company endorses any of the material on such websites, or has any association with their operators. Such links are provided as an information service, for reference and convenience only. The Company does not control any such sites, and is not responsible for their content, or any changes or updates to such sites. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites. The use of any website controlled, owned or operated by third parties is governed by the Terms and Conditions of use and privacy policies for those websites, and not by the Company's Terms or Privacy Policy. You access such third-party websites at your own risk. The Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Platform. You hereby agree to hold the Company harmless from any liability that may result from the use of links that may appear on the Platform; and
(g) All ratings and reviews of a Sport Professionals/Players displayed reflect the opinions of other Users, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the ratings and reviews.
20.2 To the fullest extent permitted by law, Our Entities are not liable to you or others for:
(a) any indirect, incidental, special, exemplary, consequential or punitive damages; or
(b) any loss of data, sales, business, contracts, opportunities, reputation, profits, revenues, anticipated savings, use or corruption of software, relating to the use of the Platform. 20.3 We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
20.4 Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate), whether arising in contract, tort, strict liability or otherwise, are limited to the amount you have paid us (if any) for the use of our Platform over the last six (6) months.
21. YOUR REPRESENTATION
21.1 Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.21.2 If you are using the Platform on behalf of an entity, by using the Platform you represent that you have the necessary rights and authority to agree to the Terms (and our Privacy Policy, Acceptable Use Policy and other documents referred to herein) on behalf of that entity.
22. EVENTS OUTSIDE OUR CONTROL
22.1 We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by any act or event beyond our reasonable control ("Event Outside Our Control").22.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
(a) our obligations under the Terms shall be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control;
(b) For the avoidance of doubt, we shall not be liable to you or any other person (including any intended beneficiary):
(i) as a result of any act, omission, failure, fraud, delay, negligence, insolvency or default of any bank, financial institution, clearing or payments system, or regulatory, governmental or supra-national body or authority; or
(ii) any information, bookings, events, communications or documents ("Content") that have been inserted, uploaded or otherwise set out on our Platform where such Content originated from a third party.
23. INDEMNITY
You hereby agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys', investigators', and experts' (or similar) fees, disbursements and costs incurred, in connection with or arising from (i)your breach of the Terms, (ii) your use of our Platform, (iii) your violation of any rights of a third party, (iv) any misrepresentation made by you, and/or (v) any dispute between you and other Users .You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of the Platform or the Terms.24. TERMINATION
24.1 The Terms will continue to apply until terminated by either you or us as follows.24.2 You may stop using the Platform and its related services any time by deactivating your account. After your account is deactivated, the information in your account will be retained for 30 days. You can logged into the Platform within this 30-day’s period to cancel the deactivating process and to restore your account to gain access to the data and the information therein. If you reconfirm to delete the information in your account after the account is deactivated, all of the data and the information store in your account will be removed permanently and become non-recoverable.
24.3 We reserve the right to suspend or terminate your access to the Platform, if we reasonably believe:-
(a) you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);
(b) you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;
(c) we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
(d) our provision of the Platform to you is no longer possible or commercially viable.
In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.
24.4 Upon termination of your access, these terms will also terminate except for Clauses 12, 24 to 30.
24.5 Where we consider necessary or appropriate, we will report any breach of the Terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
25. GOVERNING LAW AND JURISDICTION
25.1 The Company may, upon your request, provide assistance in resolving disputes between the Users. The Company may also, upon Players' request, provide assistance in facilitating and processing refunds on behalf of Sport Professionals/Players. Such assistance in no way nullifies the release and indemnification described in these Terms and Conditions. These terms are governed by and shall be construed in accordance with the laws of the Hong Kong. The courts of the Hong Kong shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.26. WAIVER
If we do not insist immediately that you perform any of your obligations under the Term, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.27. SEVERANCE
If a court finds part of this contract illegal, the rest will continue in force. Each paragraph of the Termoperates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.28. THIRD PARTY RIGHTS
No other person has any rights under the Contracts (Rights of Third Parties) Ordinance (Cap.623) to enforce any of the Terms.29. ASSIGNMENT AND SUCCESSION
We may transfer our rights and obligations under the Terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer. You shall not in any circumstances transfer your rights or your obligations under these terms to another person.30. ENTIRE AGREEMENT
The Terms constitute the entire agreement between any User and us in relation to the use of or any transactions on the Platform. The Terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any User and us, whether written or oral, in relation to the use of or any transactions on the Platform. You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Terms.ACCEPTABLE USE POLICY
As part of the Terms, you agree not to misuse the Platform or help anyone else to do so. For example, you agree not to do any of the following in connection with the Platform:(a) use our Platform for unlawful or unauthorised purposes;
(b) re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;
(c) probe, scan, or test the vulnerability of any system or network;
(d) breach or otherwise circumvent any security or authentication measures or service use limits;
(e) access, tamper with, or use non-public areas or parts of the Platform;
(f) interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;
(g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
(h) access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk) or attempt to do so;
(i) send unsolicited communications, promotions or advertisements, or spam;
(j) forge any TCP/IP packet header or any part of the header information in any email;
(k) send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";
(l) conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
(m) abuse referrals or promotions;
(n) post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
(o) violate the letter or spirit of the Terms;
(p) violate applicable laws or regulations in any way; or
(q) violate the privacy or infringe the rights of others.
Date: 2024 May 01