Terms and Conditions for Use of the Platform for USER
- These Terms and Conditions form a legally binding agreement between the Company and theUser for the use of the Platform. These Terms and Conditions apply to the User’s access to, anduse of any services, including but not limited to the website and mobile application owned and operated by the Company. Unless and until the User agrees to be bound by these Terms andConditions, no service will be rendered by the Company If the User does not agree to theseTerms and Conditions, the User shall refrain from accessing or using this Platform.
- In these terms and conditions, unless the context otherwise requires:
|a)||“Account”||means a password protected membership account for User;|
|b)||Company||means Youduud Limited, a limited company incorporated in Hong Kong;|
|c)||“Company’s Materials”||mean any contents, information or materials made available,posted or displayed by the Company via the Platform(including but not limited to the Q&As, information, data, documents, images, photographs, graphics, audio, videos,etc.)|
|d)||“Materials”||mean the Company’s Materials, User’s Materials and the Merchant’s Materials;|
|e)||“Merchant”||means any merchants, sellers, shops who have signed up as “Merchant” in the Platform and any merchants, sellers, shops who agreed to provide Rewards to Users;|
|f)||“Merchant’s Materials”||mean any contents, information or materials made available, posted or displayed by the Merchant via the Platform (including but not limited to the Q&As,trade descriptions orproducts and/ or services, information, data, documents,images, photographs, graphics, audio, videos, etc.).|
|g)||“Parties”||mean the Company’s Materials, User’s Materials and the Merchant’s Materials;|
|h)||“Platform”||means the “Youduud” mobile application, the website www.youduud.com and its subdomains operated by the Company, as may be updated by the Company from time to time;|
|i)||“Purchase”||means the spending on the Merchant made the User;|
|j)||“Rewards”||means the “DPs”, “gift eggs”, “welcome eggs”, “secret eggs”, “gift eggs’, “festive eggs”, “penguin vouchers”,“stamps” and other similar rewards available in the Platform from time to time;|
|k)||“Specified Payment Gateway”||means the third-party payment gateway through which User makes payment to the Merchant for the product and/ orservices via the Platform;|
|l)||“User”||means any person, except the Merchant, who accesses and/or uses the Platform; and|
|l)||“User's Materials”||mean any contents, information or materials made available, posted or displayed by the User via the Platform (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, ratings and reviews,comments, questions and answers, etc.);|
- In these Terms and Conditions, the masculine gender shall include the feminine and neutral and the singular numbers shall include the plural and vice versa.
- The Platform cooperates with various Merchants of different industries, for example, restaurants, boutiques, beauty centres, education centres, home appliance shops, which offers Rewards to Users.
- Subject to these Terms and Conditions and the relevant terms and conditions specified in the Company’s Materials and the Merchant’s Materials, the User may earn and use the Rewards upon Purchase.
- To access the feasures of the Platform, the User must register for a membership account.There is currently no membership fee and that the User can register for a membership account free of charge.
- The Company shall have the right, in its sole and absolute discretion, to refuse to allow the registration of any membership account, to suspend and/or terminate any membership account at any time with immediate effect, or to amend, alter and/or delete any or all parts of the User’s Materials, without giving prior notice to the User or obtaining the prior consent of the User. The User acknowledges and agrees that the Rewards may be loss due to the suspension and/or termination of the User’s membership account.
- The User agrees that all payments made in the Platform will first be held by the Specified Payment Gateway and then transferred to the Merchant.
- The User should review and/or confirm all the terms and conditions and all the descriptions and information specified in the Merchant’s Materials before the User makes Purchase.
- If the Users makes any Purchase from any Merchant, a legally binding agreement is formed between the Merchant and the User. The Company is not a party to such agreement. Since the Company is not the provider and/or agent of the product and/or service, should there be any enquiries and/or complaints about the product and/or service or should there be any issue of refund or replacement of product and/or service, the User shall contact the Merchant directly.
- Different types of the Rewards may be subjected to specific terms and conditions, which are stated in the Company’s Materials and/or the Merchant’s Materials. If the User has any enquiries in relation to the Rewards, including but not limited to how to earn the Rewards and how to use the Rewards, the User may visit the Q&A page of the Platform, contact the Company and/or the relevant Merchant.
- The User shall read the terms and conditions in relation to each Rewards carefully.
- The User hereby acknowleges and agrees that:-
- some Rewards are applicable to specific Merchant only;
- some Rewards may have an expiry date and be valid for a limited period only;
- some Rewards may not be used in conjunction with other promotional discounts offered by the Merchants; and
- some Merchants may require a minimum amount of Purchase for using the Rewards.
- The User acknowledges and agrees that the Company and/or the Merchant shall have the absolute rights and discretion to revise the Terms and Conditions in relation to the Rewards and/or disable any Rewards at any time without giving any prior notice to the User and/or obtaining User’s prior consent.
- The revised terms and conditions will be available in the Platform.
- All the Rewards are not transferable. The User shall not share its membership account to any third parties or any other Users to earn and/or redeem any Rewards.
- All Rewards can not be redeemed for cash.
- If any Merchant ceases to operate or otherwise refuses to allow the Users to use the Rewards, the User shall report to the Company immediately. The Company will, at its sole discretion, credit other Rewards to the User. The User hereby agrees that the Company shall have the final decision
- Under normal circumstance, the Rewards will automatically be credited to the User’s account immediately upon Purchase and immediately be deducted at the time the redemption is made.
- The User shall check the Reward balance in the Platform from time to time. If there is any problem in relation to the Reward balance, the User shall notify the Company within 12 hours with relevant documentary proofs, such as receipts. The Company may not entertain any late enquires or complaints.
- The User acknowledges and agrees that the Company is entitled to forfeit any User’s Reward immediately without giving prior notice or obtaining the User’s prior consent if the Company, at its sole discretion, considers that the User is in breach of these Terms and Conditions.
- The User acknowledges and agrees that if the User has any dispute over the Rewards balance in his User’s account, the records in the Platform shall be conclusive and final.
User’s Materials on the Platform
- The User agrees that the Company shall have rights to edit, alter, change, refuse to post or remove any User’s Materials posted by the User on the Platform without giving any prior notice or obtaining the prior consent from the User.
- By posting or providing any User’s Materials to the Company, the User represents and warrants to the Company that he owns or has all necessary rights to use the User’s Materials, and grant to the Company the rights herteinabove. In addition, if the User posts or otherwise provides any User’s Materials that is protected by copyright or privacy rights, the User represents that he has obtained all the necessary licences or releases from the applicable owner of such copyright or privacy rights.
Representations, Warranties and Undertakings
- The User hereby represents and warrants that:-
- the User is capable to form legally binding contracts under applicable law;
- all the information, data, contents, photographs, images, videos and details provided by the User are true, accurate, updated, complete and not misleading;
- the User is using the Platform to engage in any activity that is dishonest,illegal or immoral; and
- nothing in the User’s Material has infringed any intellectual copyright, including but not limited to copyright, patent and/or trademark.
- The User hereby undertakes to comply with all applicable laws, rules and regulations of Hong Kong from time to time in relation to the use of the Platform
- The User hereby undertakes not to post any User’s Materials which:-
- is pornographic, obscene, violent, contains nudity or may otherwise offend human dignity;
- contains any language which is hate speech, content which is offensive or is likely to harass, embarrass, or upset any other person and/or group ;
- is insulting, abusive or threatening;
- is defamatory or libelous to any person or third parties;
- encourages any illegal or criminal activity, including but not limited to terrorism or the submission of which in itself constitutes the commission of a criminal offence;
- infringes or violates another person’s rights (including intellectual property rights and privacy rights); or
- involves any transmission of spam or junk message.
Limitation of Liability and Disclaimer
- The Materials displayed on the Platform are provided without any guarantees, conditions or warranties to their accuracy, reliability or completeness. The User is responsible for the use of any Materials obtained from the Platform. The User should make his own enquiries to check if the Materials are accurate, complete, reliable, updated, completed and suitable for the User’s intended use. All information in the Company’s Materials are of a general nature only and is not intended to constitute professional advice. The Platform may contain information that includes the views, ratings, comments or recommendations of others that are not necessarily the Company’s views.
- The Company cannot and does not assume any responsibility for the accuracy or reliability of any Materials. While the Company requires all Users and Merchants to provide updated, current, non-misleading and accurate User’s Materials and Merchant’s Materials, the Company is under no obligation to update or to ensure that such materials provided by any User and Merchant are updated, current, non-misleading and accurate.
- The Platform is provided “as is” and without warranties of any kind either expressor implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to,implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. The Company makes no representations or warranties or endorsements of any kind whatsoever, express and implied, as to the Platform or the Materials. The Company specifically disclaims all warranties and liabilities with respect to loss, loss of use or corruption of any User’s Material. The User uses the Platform at his own risk.
- The Company shall not be liable for any loss and damages (including loss of profits or indirect, consequential, incidental, special, exemplary or punitive loss or damage),howsoever caused (including through our negligence), suffered or incurred by the User arising from or in connection with: (i) the User’s/ other Users’ access to, or use of the Platform and/orany Materials; (ii) the User’s interactions with the Merchantsand/or other Users; or (iii) any decision or action taken by the User/ other User’s inreliance on any Materials ; or (v) any error or defect in the Platform.
- The User shall 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 claims, losses, damages, demand of liability,costs, including attorneys’, investigators’, and experts’ (or similar) fees, disbursementsand all expenses incurred, in connection with: -
- any negligent acts, omissions or willful misconduct by the User;
- User’s access to and use to the Platform;
- the uploading or submission of any User’s Materials by the User;
- any dispute between the User and any other User(s);
- the User’s violation of these Terms and Conditions;
- the User’s violation or infringement of any rights of any third party, including but not limited to the intellectual property rights; or
- the User’s violation or infringement of any laws or regulations of Hong Kong.
Third Party Links
- The Platform may contain links and pointers to other websites, resources, and advertisers of the Platform. Links to and from the Platform to other mobile applications or websites, maintained by third parties, do not constitute an endorsement by the Company or any affiliate of any third-party site or content. The Company is not responsible for the availability of these third-party resources, or their contents. The Company has not reviewed any or all of the mobile applications or sites linked to the Platform and is not responsible for the content of any third-party pages or any other mobile applications or websites linked to the Platform. The User’s linking to other third-party sites is at his own risk. By clicking on any such link, the User acknowledges that the Platform has no control over, and makes no representations of any kind with respect to, such other mobile applications, websites or any content contained within such other mobile applications or websites, and the User hereby revokes any claim against the Company with respect to such other websites. The User should direct any concerns regarding any external link to its mobile application or site administrator or webmaster.
- The Platform is owned and operated by the Company. All intellectual property rights in the Company’s Materials and the Platform are owned by the Company, save and except those otherwise mentioned hereinbelow. No reproduction, republication, upload, copy, transmit, distribution, display or otherwise use of any of the Company’s Materials on the Platform is allowed or permitted without prior written consent from the Company.
- There are some materials procured from a third party which may be the subject to copyright owned by that third party. The User shall not use any such materials without prior consent from their respective owner. The User acknowledges that all company names and/or logos, product names and/or logos and service names and/or logos used in the Platform are for identification purposes only. Use or display of these names and/or logo does not imply endorsement.
- Then Company shall comply with all the applicable personal data laws and all the related regulations and guidelines issued by all relevant authorities in Hong Kong from time to time.
- The Company will not transfer any User’s personal data or use any personal data of the User for direct marketing without obtaining the User’s prior consent.
Deactivation, Suspension or Cancellation of the Account
- The Company may, at its discretion, suspend or terminate any membership account and the User’s access to all or part of the Platform at any time without the need to provide reasons and any prior notice.
- The User agrees that the Company may change, suspend or discontinue any aspect of a feature of the Platform, including but not limited to any feature, database or content on the Platform at any time without any prior notice.
- These Terms and Conditions embody all the terms and conditions agreed upon between the Parties as to the subject matter of the Terms and Conditions and supersede and cancels in all respects all previous correspondence, understandings and agreements between the Parties with respect to the subject matter hereof, whether such be written or oral.
- The failure of any party hereto at any time to require performance or observance by any other party of any provision of these Terms and Conditions shall in no way affect the right of such first party to require performance of this provision and any waiver by any party of any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself or a waiver of any right under these Terms and Conditions.
- If any of the provisions in these Terms and Conditions are deemed invalid, illegal, prohibited, void, or for any reason unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
- The Contracts (Rights of Third Parties) Ordinance (Cap. 623) shall not apply to these Terms and Conditions and unless specifically herein provided no person other than the parties to these terms and conditions shall have any rights under it nor shall it be enforceable by any person other than the parties to it. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation and/or settlement under or relating to these Terms and Conditions are not subject to the consent of any third party.
- Unless specified otherwise herein, all notices must be in writing and addressed to the other party’s email address. The notice will be deemed given when verified by automated receipt or electronics lots.
- These Terms and Conditions of Use do not create any agency, partnership or joint venture between the Company and the User.
- These Terms and Conditions are governed by and shall be construed in all respects in accordance with the laws of the Hong Kong Special Administrative Region all the parties hereto hereby submit to the exclusive jurisdiction of the Hong Kong courts in connection with any matters arising hereunder.
- Should there be any differences or inconsistencies between these Terms and Conditions and other contents in the Platform, these Terms and Conditions shall prevail.
- These Terms and Conditions may be amended or modified from time to time. Any changes will be reflected by an update of these Terms and Conditions. User shall check these Terms and Conditions from time to time.
- These Terms and Conditions of Use is effective from 23 December 2019.