Terms of Use
TERMS AND
CONDITIONS
2
Information about us and
how to contact us
2.1
We are Nowsnapp Limited, a company registered in Hong Kong, trading as Nowsnapp. Our company registration number is 6785339 and
our registered office is at 21/F, On Hing Building, 1 On Hing Terrace,
Central, Hong Kong.
2.3
As part of providing the Platform, we may need to provide you with
certain communications, such as service announcements and administrative
messages. If you wish to opt out from receiving such communications, which may
affect your use of our Platform, please contact our customer service team
at support@nowsnapp.com.
3
Definitions
3.1
In these terms and conditions, the following
definitions and rules of interpretation apply unless otherwise defined or the
context requires otherwise:
(b)
“User” means any user of the
Platform with a registered account or as a guest.
(c)
“Banker” means a User
publishing an Order on the Platform for Microservice, which is represented
visually as a Banknote on the Platform.
(d)
“Avatar” means a User marking
himself available to provide Microservices in response to Bankers’ Orders in
real-time on the Platform.
(e)
“Order” or “Offer” means
the request for a microservice by the Banker, which is represented visually as
a Banknote on the Platform.
(f)
“Deal” means an Order which
has been agreed upon and entered into for execution between the participating
Banker and Avatar as a legally binding contract.
4
Your representations
4.1
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
enter into legally binding contractual agreements.
4.2
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 these terms (including our Privacy Policy , [EL2] and other documents
referred to herein) on behalf of that entity.
4.3
You warrant
that as a User, you are above 18 years old, and as an Avatar are legally
eligible to enter into employment in Hong Kong and shall be responsible for
having a valid insurance for the kind and nature of Microservice you intend to
or will provide to Bankers over the Platform.
5
Deals for sale
5.3
We are not involved in any transaction between a Banker and an Avatar on
our Platform save that we facilitate a marketplace for Bankers and Avatars and
process payments on behalf of Avatars. As such, our role is merely
administrative and mechanical in nature.
5.4
We are not an agent of any Banker or Avatar.
5.7
If you do not respond
to telephonic correspondence or doorbell within 10 minutes of the Avatar
physically reaching your address, we reserve the right to instruct the Avatar
to leave the premises, and you will be charged for the Deal.
5.8
Our Platform is solely for the performance and purchase of Microservices
in Hong Kong But the App is accessible and can be
downloaded from anywhere in the world.
6
Terms and conditions for
purchase
7
Banker’s rights to make
changes
In the event that the
Avatar has accepted the Banker’s bid and there is a Deal between the Avatar and
Banker, a Banker shall contact the Avatar if he wishes to make a change to the Order.
The Avatar has full discretion whether or not to accept the changes. The Avatar
will let the Banker know about any changes to the price of the Microservice,
the timing of supply or anything else which would be necessary to perform the
Microservice as a result of the requested change (the "Changes") and ask the Banker to
confirm whether he wishes to go ahead with the change. Once the Banker has
confirmed the new price and the Changes, a legally binding contract with the
Changes to the Order is formed between the Avatar and the Banker. If the Avatar
cannot make the change or the consequences of making the change are
unacceptable to the Banker, the Banker may request to end the contract as
provided in Clause 9 – A Banker’s
rights to end the Deal.
8
Avatar’s rights to make
changes
(a)
be compliance with relevant laws and regulatory requirements; and/or
8.2
If an Avatar makes significant changes to their Deal or to the Avatar’s
Terms for the Microservice, the Avatar will notify the Banker prior to the
changes take effect. If the Banker does not accept the changes, the Banker may
contact the Avatar to end the contract at which point a dispute must be lodged
with Nowsnapp for any refunds due for services performed.
9
Rights to end the Deal
9.1
If a Banker becomes aware of any defect in all or part of the Microservices
performed:
(a)
the Banker must give notice in writing to the Avatar via the chat services on the Platform;[EL4]
9.3
The Avatar can at any time before providing the Microservices lodge a
dispute claim with our Customer Happiness team to end the Deal. The Avatar must
give written notice to the Banker via the chat services on the Platform.
9.4
To end the Deal with an Avatar, the Banker shall lodge a dispute claim
with our Customer Happiness team.
10.2
Prices within the application are based in Hong Kong Dollars (“HKD”)
unless otherwise specified.
10.3
Prices are purely determined by the interaction between Avatars and
Bankers. Nowsnapp is not involved in suggesting,
fixing or determining prices, and acts solely as a marketplace platform.
10.5
Nowsnapp charges a fee (“Convenience Fee”) on each successful
Microservice provided by an Avatar to a Banker:
(a)
The Convenience Fee is paid by the Banker at a rate of 15% of the final
price of the Microservice, with a minimum fee of 20.00 HKD.
(b)
The Convenience Fee is not recognized by Nowsnapp
until the Microservice is effectively paid by the Avatar, which occurs within
the Platform when both the Avatar and Banker exchange evaluations of the
interaction.
(c)
The Convenience Fee is included within the Price of the Deal. The Banker
is notified by the Platform the final amount to be received by the Avatar.
10.6
Nowsnapp partners with financial intermediaries including credit card
providers not limited to Visa and Mastercard, WeChat Pay an d Paypal
(the “Payment Providers”) for
payment[EL7] over the Platform. In
respect of any Deal, these Payment Providers may
levy certain transaction fees depending on the payment method determined by
both the Avatar and the Banker:
(a)
These fees are outside of the Platform and are charged by the Payment
Providers for each transaction according to the terms agreed between the Payment
Providers and the User and may be charged directly on the User’s credit card, Paypal or Wechat account and do
not involve Nowsnapp or the Platform. Accordingly,
these fees are non-refundable from Nowsnapp.
(b)
Bankers and Avatars are responsible for paying all such transaction fees
depending on the payment method for the Microservice they choose.
10.7
Payment is made
directly to the Payment Providers who subsequently pass the payment to the
Avatar. Receipt of payment by the Avatar will discharge the Banker’s obligations
to pay for the Microservices. [EL8]
11.1
You agree:
(a)
That you will not use the Platform to:
i.
violate any applicable law, statute, ordinance or regulation (including,
but not limited to those governing import/export controlling, consumer
protections, criminal law, antidiscrimination, fair trade practices or unfair
competition);
ii.
take out a bounty or engage in hiring a hitman or related services;
iii.
access or attempt to access the accounts of other users or to penetrate
or attempt to penetrate any security measures;
iv.
cause nuisance, annoyance or inconvenience;
v.
re-sell or attempt to benefit in a commercial fashion from any data,
content or information available on the Platform;
vi.
probe, scan, or test the vulnerability of any system or network;
vii.
breach or otherwise circumvent any security or authentication measures
or service use limits;
viii.
access, tamper with, or use non-public areas or parts of the Platform;
ix.
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;
x.
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;
xi.
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;
xii.
send unsolicited communications, promotions or advertisements, or spam;
xiii.
forge any TCP/IP packet header or any part of the header information in
any email;
xiv.
send altered, deceptive, or false source-identifying information,
including "spoofing" or "phishing";
xv.
conduct surveys, contests, or pyramid schemes, or promote or advertise
products or services without appropriate authorisation;
xvi.
abuse referrals or promotions;
xvii.
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;
xviii.
violate the spirit of our terms of use; and
xix.
violate the privacy or infringe the rights of others.
(b)
to comply with tax and regulatory obligations in relation to any payment
received from a Deal;
(c)
to refrain from doing anything which we reasonably believe to be
disreputable or capable of damaging our reputation;
(d)
to provide us with whatever proof of identity we may reasonably request;
(e)
to treat Bankers and Avatars introduced to you through Nowsnapp with respect and not to cause damage to their
properties or engage in any unlawful, threatening, harassing, abusive behaviour or activity; and
(f)
to compensate and defend us fully against any claims or legal
proceedings brought against us by any other person as a result of your breach
of these Terms.
11.2
The App is currently made available to
you free of charge for your personal, non-commercial use. Nowsnapp reserves the right to amend or withdraw the
App or charge for the App or service provided to you without notice
in accordance with these Terms of Use at any time and for any reason. We will not be liable if, for any reason, the Platform
is unavailable at any time or for any period.
11.3
You acknowledge that the terms of agreement with your respective mobile
network provider (the “Mobile Provider”)
will continue to apply when using the App. As a result, you may be charged by
the Mobile Provider for access to network connection services for the duration
of the connection while accessing the App or for any such third party charges
as may arise. You accept responsibility for any such charges that arise.
11.4
If you are not the bill payer for the mobile telephone or handheld
device being used to access the App, you will be assumed to have received
permission from the bill payer
12
System Requirements
12.1
In order to use the App, you are required to have a compatible mobile
telephone or handheld device, Internet access, and the necessary minimum
specifications (the “Software
Requirements”).
12.2
The Software Requirements are as follows: the app requires the
device to be running Android 5.0 or iOS 7 or later.
12.3
The version of the App software may be upgraded from time to time to add
support for new functions and services.
13
Our responsibility for loss
or damage suffered by you
13.2
Nothing in these terms will limit or exclude our liability for:
(b)
fraud or fraudulent misrepresentation; or
(c)
any matter in respect of which it would be unlawful for us to exclude or
restrict liability.
14.1
Nowsnapp encourages you to try and
resolve disputes (including claims of refunds) with other Users directly.
(a)
In the event of a dispute claim by the Banker, both the Banker and
Avatar must engage each other to resolve the dispute.
(b)
Either the Banker or the Avatar may contact the Nowsnapp
Customer Happiness team regarding resolution of any dispute.
(c)
The Customer Happiness team will undertake the role of facilitator, making
reasonable efforts (within the limits of these Terms) to facilitate an amicable
settlement between the Banker and Avatar, however will never be a party to such
a resolution as Nowsnapp operates solely as a
marketplace platform, and Nowsnapp is not liable for the
content or quality of any Microservices provided and the Parties agree that Nowsnapp assumes no liability for the outcome of
any dispute.
(d)
At any moment Nowsnapp will investigate
received dispute claims, and reserves the right at any time to suspend or
terminate the account of a User, and to pursue further legal action if deemed
appropriate.
15
Your Content on the Platform
15.2
For all content that you provide, you warrant that:
(a)
the content is accurate, up to date and not misleading;
16
Use of your personal
information
16.1
The personal information you provide to us will be used:
(a)
to supply the Microservices to Bankers;
(b)
to process payment for the Microservices; and
16.2
We will only give your personal information to third parties where the
law either requires or allows us to do so and all such transfers will
be subject to our Privacy Policy .
16.3
Certain functionalities of the Service may need to
access your mobile telephone and information stored on it so that it works properly and by using the Service you consent to
such access.
16.4
By providing your Personal Information, you consent
to us contacting you about your interest and experience in using the Platform by
email, phone, or through any other contact information you may choose to
provide.
17
Availability of our
services
17.1
We are constantly changing and improving our Platform and the Microservices
which are provided by Users of the Platform. We may from time to time change or
discontinue any of the products or services we offer, or add or remove
functionalities or features, and we may suspend or stop certain products,
services, functionalities or features altogether. If we discontinue certain
products, services, functionalities or features, we will give you advance
notice where reasonably possible but in no instance shall we be liable for such
discontinuation.
17.2
We may release products, services, functionalities or features that we
are still testing and evaluating. We will label such services as “beta”,
“preview”, “early access” or “trial” or any words or phrases with similar
meanings. You understand that these beta services may not be as reliable as
other products or services we offer.
17.3
We reserve the right to limit your use of our Platform and the services
we provide, including the right to restrict, suspend or terminate your account
if we believe you are in breach of these terms or are misusing our Platform or
any services we provide.
17.4
We try our best to ensure that our Platform is always available, but we
do not guarantee that the operation of or access to our Platform will be
uninterrupted or continuous. Our Platform may be interrupted for maintenance,
repairs, upgrades, network or equipment failures. We assume no liability
whatsoever for service interruptions or inability to access our Platform.
17.5
You are responsible for configuring your mobile telephone
and/or computer programmes and platform or system in
order to access our Platform. We do not guarantee that our Platform will be
free from bugs or viruses.
18
Your account and password
18.1
You may create your account for accessing the
Platform. When you create your Account you need to provide certain information
(“Account Information”), including
but not limited to, username, password, full name, email address and phone
number. You agree to provide accurate and truthful information and to keep it
accurate and updated at all times. You should choose a strong and secure password. You must
keep your password secure and confidential.
18.2
You are responsible for your own account and for
ensuring the confidentiality and security of your Account Information. You may
not share your Account Information with unaffiliated third parties. If you ever
forget your Account Information, or believe or know that there has been any
(attempted) unauthorised use of your account and or
Account Information, you shall inform us immediately. If you permit others to
use your account and/or Account Information, you are solely responsible for the
activities of such Users that occur in connection with your account and/or
Account Information.
18.3
User accounts are nontransferable and only one account
may be opened for each telephone number. If you are accessing or using the account
on behalf of another person or entity, you represent that you are authorised to accept these Terms on that person’s or
entity’s behalf and that the person or entity agrees to be responsible to us if
you or the other person or entity violates these Terms.
18.4
Usernames must not be offensive or offend common
decency or selected to deceive Users or convey the appearance of affiliation
with us.
18.5
We reserve the right to:-
(a)
amend any username without prior notice if it reasonably believes the username to
be in contravention of the Terms; or
(b)
freeze your account until the name is changed; or
(c)
close your account without notice for violating these Terms.
18.6
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.
18.7
We have the right to disable any password, whether
chosen by you or allocated by us, at any time, if in our reasonable opinion you
are in breach of these terms.
19
Your rights
19.1
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 such 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 applicable
provisions in our Privacy Policy.
20
Our Rights
20.1
We may (at our discretion but are not obliged to) review content or
information submitted or posted by users on our Platform. We reserve the right
to remove any content which we consider as offensive, harmful, deceptive,
discriminative, defamatory or otherwise inappropriate or misleading, or content
that we believe may be infringing rights of third parties. We do not endorse or
support any views expressed by any users on our Platform.
21
Intellectual Property Rights
21.1
Our name “Nowsnapp” 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.
21.2
All trademarks, trade names, service marks, logos,
copyrights, database rights, and other intellectual property rights of any nature in the Platform, including all
information, data, text, music, sound, images, photographs, graphics,
illustrations and video messages, page headers, button icons, scripts,
arrangement and presentation thereof together with the underlying software
code, source code, software compilations, tools, application, slogans, filters,
User generated filters and other content contained therein (collectively, “Material”) are owned directly by us. You acknowledge that you have
no ownership rights in or to any (part of) the Material. We reserve all rights
to take any legal action in relation to any right applicable to the Material.
21.3
You can view, use, print or download extracts of the
Material for your own personal use but you cannot otherwise use, copy, edit,
vary, alter, reproduce, publish, display, distribute, store, transmit,
commercially exploit, or disseminate in any form whatsoever the Material and
the copyright notices or use the Material in any manner which creates the
impression that such items belong to or are associated with you without written
express permission from us.
21.4
We hereby grant you a worldwide, limited,
non-exclusive, non-transferable, non-licensable, non-sub licensable,
royalty-free and revocable licence to use the App for
your personal use in accordance with these Terms.
21.5
You may not assign your rights provided for under
these terms without our prior written consent. We may assign the terms and
delegate certain responsibilities, obligations, and duties under or in
connection with the Terms in our sole discretion.
21.6
We reserve all rights, title and interest not expressly
granted under this license to the fullest extent possible under the applicable law.
22
Reporting
intellectual property rights infringement
22.1
We have a policy of limiting access to our Platform
and terminating the Accounts of Users who infringe the intellectual property
rights of others. If you believe that anything on our Platform infringes any
copyright that you own or control, you may notify us at:
Telephone Number: +852 3971 9160
Email address: support@nowsnapp.com
22.2
Please note that if you knowingly misrepresent that
any activity or Content/ material on our Platform is infringing, you may be
liable to us for costs and damages to be ascertained.
23
Third Party Software
23.1
We integrate with third-party software to provide a full suite of
functionalities to our users. We are not responsible for any issues or loss
arising from the use of any third-party software. Your access and use of the
third-party software is governed by the terms of service or user agreements of
that software.
24
Link to third parties
24.1
The Service may contain links to
websites operated by third parties (“Third
Party Websites”), which may or may not also contain links to other
websites. We reserve the right to monetise any of
these links through the use of third party affiliate programs. Notwithstanding
such affiliate programs, we do not have any influence or control over such
Third Party Websites and, unless otherwise stated, is not responsible for and
does not endorse any Third Party Website or their availability or contents.
25
Advertisers in the Platform
25.1
We accept no responsibility whatsoever for adverts featured on the Platform. If you
agree to purchase goods and/or services from any third party that advertises on
the Platform, you do so at your own risk. The advertiser, not us, is responsible
for such goods and/or services and if you have any queries or complaints in
relation to them, your only recourse is against the advertiser.
26
Indemnity
26.1
You agree to indemnify and hold Our Entities harmless from and against
all liabilities, damages, claims, costs (including legal fees and costs), and
expenses in connection with or arising from: (i) your breach of these terms;
(i) your use of our Platform; and/or (iii) any misrepresentation made by you.
26.2
You also agree to fully co-operate with us in the defence
or settlement of any claim in relation to or arising out of our Platform or
these terms.
26.3
We reserve the right, at your expense, to
assume the exclusive defence and control of any matter subject to
indemnification by you, and you agree to cooperate in such defence. We will use
reasonable efforts to notify you of any such claim, action or proceeding upon
becoming aware of it/them. No settlement which may adversely affect our rights or
obligations shall be made without our prior written approval.
26.4
You agree to
promptly notify us of any third party claims and cooperate with us in defending
such claims and pay all fees, costs and expenses associated with defending such
claims including, but not limited to legal fees. You agree not to settle any
matter in which you have indemnity obligations towards us without our prior
written consent.
27
Miscellaneous
27.1
We may transfer our rights and obligations under
these terms to another organisation. We will inform you
one (1) calendar months before the intended transfer. If you do not wish to
continue the contract with the transferee, you may contact us to end the
contract within fourteen (14) business days of us informing you of the proposed
transfer and we will refund you any payments you have made in advance for any
products not provided.
27.2
You may only transfer your rights or your obligations under these terms
to another person if we agree to this in writing.
27.5
may provide you with notices, including those regarding changes to the
Terms by notifications through our Service or through the email you have
provided us for registration. When you use the Service, you consent to receive
communications from us electronically. You agree that all notices, disclosures,
and other communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing. You agree that you
have the ability to store electronic communications such that they remain
accessible to you in an unchanged form.
27.6
If we do not insist immediately that you do anything you are required to
do under these terms, or if we delay in taking steps against you in respect of
your breach of any of the terms herein , such do not signify that you do not
have to comply with or make good any of the terms herein and it will not prevent us taking steps
against you to enforce the terms at a later date.
28
Limitation on liabilities
28.1
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 and any products or services we offer 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 (whether
express or implied) about the Platform, any products or services we provide or
insurance for Avatars;
(c)
we do not guarantee that the information or content you find on the
Platform is always accurate, truthful, complete and up-to-date;
(d)
we expressly disclaim all warranties and representations not limited to warranties
of merchantability, fitness for a particular purpose, and non-infringement);
(e)
we are not responsible for any delay or disruption in our Platform or
any defect, viruses, bugs or errors; and
(f)
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).
28.2
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, business, opportunities, reputation, profits or revenues,
relating to the use of our
Platform or any products or services we offer.
28.3
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.
28.4
Nothing in these terms limit your legal rights as a consumer that may
not be waived by contract.
28.5
Other than the types of liabilities that we cannot limit by law, our liabilities
to you (on aggregate) are limited to the aggregate price of Microservices you
have paid for over our Platform over the last twelve (12) months or for any
other products or services we offer over the last twelve (12) months.
29
Termination
29.1
These terms will continue to apply until terminated by either you or us
as follows.
29.2
You may stop using the Platform any time by deactivating your account.
29.3
We reserve the right to suspend or terminate your access to our
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.
29.4
Upon termination of your access, these terms will also terminate except
for Clauses 11 to 28.
29.5
Where we consider necessary or appropriate, we will report any breach of
these terms 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.
30
Entire agreement
30.1
These terms constitute the entire agreement between any user and us in
relation to the use of or any transactions on the Platform. These 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.
30.2
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 these terms.
31
Changes of terms
31.1
30.1 We may amend these terms from time to time by posting the updated
terms on our Platform. If we make material changes, we will notify you of the
changes before they become effective. By continuing to use our Platform and our
services after the changes come into effect means that you agree to be bound by
the revised policy.
32
Feedback
32.1
We value and welcome feedback on our Platform. You agree that we are
free to use and we have the right to disclose, adopt and/or modify any feedback
and any information (including any ideas, concepts, proposals, suggestions or
comments) provided by you to use in connection with our Platform or any
products or services we offer, without any payment to you.
32.2
You hereby waive and agree to waive any rights to claim for any fees,
royalties, charges or other payments in relation to our use, disclosure,
adoption and/or modification of any of your feedback.
33
Governing law and dispute
resolution
33.1
These terms are governed by and shall be construed in accordance with
the laws of the Hong Kong Special Administrative Region (“Hong Kong”). All dispute in relation to
the terms are subject to the exclusive jurisdiction of the Courts of the Hong
Kong Special Administrative Region.