Last updated: 30 August, 2017
The Terms and Conditions stated therein (collectively, the “Agreement”) constitute a legal agreement between you and Shining Plus Group Limited (“the Company”,”we”, “our”) starting the Terms and Conditions that govern your use of any services and properties such as websites (“the platform”) owned and operated by the Company. In order to use the services and properties of the Company, you must agree to the Terms and Conditions that are set out below. By using or receiving any services supplied to you by the Platform and using the Platform, you hereby expressly acknowledge and agree to be bound by the Terms and Conditions set forth in this Agreement. If you do not agree to these Terms and Conditions, do not access or use the Platform. The Company reserves the right to update and/or modify the Terms and Conditions of this Agreement at any time, effective upon posting of this Agreement on the Platform. Additionally, the Company reserves the right to refuse access to and use of the Platform under this Agreement.
Access to and use of the Platform is available only to individuals who can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.
Company’s role and relationship with the users
We are an online web application that connects users of the Platform who request for service via the Platform (known as “consumers” thereafter), users who submit media query (known as “journalists” thereafter) and users who provide services (known as “service providers” thereafter). Consumers acknowledge and agree that we are solely a neutral facilitator and are not directly involved, nor is a party to the transactions, agreements, contract or arrangements between users.
Registration and Service Procedure
To access and participate in the Platform, you will need to create a password-protected account (known as “account” thereafter). In order to register and create an account on the Platform, consumers must agree to the Terms and Conditions and provide any other information required by the Platform for registration.Upon filing the request for service and completing the payment, press release will be sent according to the scheduled date to the selected media; or public relations materials will be shared to the selected copywriter for writing press release.Once hired by consumers, service providers undertake to perform the services pursuant to the requests of services filled by consumers. Fees for hiring service providers are not refundable, unless service providers decline the job requests.In case of dispute, the Company reserves the right of final decision on the interpretation of these Terms and Conditions.
Fees, charges and taxes
The fees are exclusive of all sales, good and services tax, as well as charges of fees enacted in the future. Service providers shall be liable to pay Goods and Services Tax (“GST”) and any other applicable tax or statutory levies on the amount of fee at the prevailing statutory rate.A valid credit card is required for consumers to pay the fees and any other charges. By inputting the details of a valid credit card onto the Platform, consumers agree and authorize the Company to automatically charge any fees to such card.The Company reserves the right to increase fees or to institute new fees or charges on users of the Platform, upon reasonable notice provided to users and/or posted on the Platform. Additionally, the Company reserves the right to penalize users in breach of this Terms and Conditions.
No guarantees or endorsements for services
We do not guarantee that service providers will be punctual, or will attend any of the scheduled appointments, as service providers are not employees, contractors or agents of the Company, nor are we an agent for the service providers.We make no guarantees or representations regarding the skills and/or the outcome or quality of service performed by service providers.We do not endorse or recommend the services of any particular service provider. Any reference on the Platform is not an endorsement, certification or guarantee by the Company. Additionally, the Company reserves the right not to issue or to remove without notice to users the Company’s verification to service providers if service providers are in breach of the Agreement, if the verification was issued incorrectly or obtained falsely, or for any other reasons requiring its removal by the Company. Consumers should exercise due diligence and caution when deciding to hire service providers.
Your use of the platform and prohibited use
As a user of the Platform, you agree to comply with the Agreement and all applicable laws and regulations. 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 nor inappropriate purposes, including but not limited to activities such as scraping content, 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.All personal information about users are 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 a 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. Additionally, the Company reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings 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.
Information provided by us
Contact between the company and its service provider with consumers
Dispute resolution assistance
While we cannot guarantee the work performed by a listed service provider, and while we have no obligation to you with regard to your relationship with a service provider, the Company may, upon your request, provide limited assistance in resolving disputes between you and a service provider. You must participate and use good faith efforts to resolve problems through the Company resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms and Conditions.
User generated content
- Ratings & Reviews,
- Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content (collectively, “Content”) may be viewed by the general public and will not be treated as private, proprietary or confidential.
You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
Grant of License
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 Content 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 licence granted to the Platform shall be perpetual, and shall not be affected by the termination of the Platform or their account.
Representation of Ownership and Right to Use Content
By posting or providing any Content to the Company, you represent and warrant to the Company that you own or have all necessary rights to use the Content, 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 Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
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:
- 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);
- References to illegal activity;
- Language that violates the standards of good taste or the standards of the Platform;
- Statements that are or appear to be false;
- Comments that disparage the Company.
- With respect to Ratings and Reviews of service provider, all of the above and in addition the following:
- Reviews that do not address the services of the service provider or reviews with no qualitative value (e.g. “work has not started yet”)
- Comments concerning a different service provider.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and service provider, the rating submitted may be held in pending status until resolution is reached. Consumers 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 service provider that has performed services for them pursuant to their applicable service request.
Intellectual Property Rights
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, excluding user-generated content that 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.
Service providers pre-screening procedure and disclaimer
While the Company takes certain steps to verify the identity of service providers, such verification is based on the information provided to us by service providers. Thus, we cannot confirm that service providers 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 service pros themselves.While we require service providers 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 service providers are accurate, current, and truthful.
Rating & Reviews are not endorsed by the company
All Ratings and Reviews of a service provider displayed reflect the opinions of other consumers, 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. The Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Platform or the materials contained therein.
Articles and other content
The Company provides content relating to the services offered by service providers in the Platform. Such contents are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
Links to third party sites
DISCLAIMER OF WARRANTIES
Use of the Platform is entirely at users’ own risk.The Platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. The Company makes no warranties or representations about the accuracy or completeness of the content provided through the service or the content of any sites linked to the service 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. Except as expressly set forth herein, the Company expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose. The Terms and Conditions will inure to the benefit of the company’s successors, assigns and licensees. If any provision of these terms and conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of the company to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in the terms and conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions constitute the entire agreement between you and the Company, and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Exemption and limitation of liability
You acknowledge and agree that the Company is only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold the Company, its affiliates, its licensors, its clients in promotions, sweepstakes or contests, or any of such parties’ agents, employees, officers, directors, corporate clients, or users liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your or any other party’s use of or inability to use the service, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or service provided by the company or its affiliates or licensors and any destruction of your information.Under no circumstances will the Company, its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate clients, or users be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the services, even if advised of the possibility of the same.The Company does not accept any liability with respect to the quality or fitness of any work performed via the platform.
If, notwithstanding the foregoing exclusions, it is determined that the Company or its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate clients, or users is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to the company during the six (6) months prior to the time such claim arose.
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 (i) your use or inability to use the Platform, in connection with the Platform, with regard to any dispute between you and a service provider, or your violation of these Terms and Conditions, or arising from your violation of any rights of a third party. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the Company.
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL 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 (HKIAC). The place of arbitration shall be in Hong Kong at HKIAC. There shall only be one arbitrator. The languages to be used in the arbitral proceedings shall be English and/or Chinese.
This Agreement is governed by and shall be construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China. The Hong Kong courts are to have non-exclusive jurisdiction to settle any disputes or claims which may arise out of or in connection with this Agreement for which purpose each party agrees to submit to the jurisdiction of the courts of the Hong Kong Special Administrative Region of the People’s Republic of China.