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INTRODUCTION
Papabo Limited (“Papabo” or “we,”, and the expressions “us” and “our” shall have corresponding meanings) provides its services (described below) to you through its website located at https://www.papabo.hk/ (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). The words “you” and “your” include both individuals who, in any manner, use the services offered by Papabo Limited and any persons or entities represented by such individuals in a legal capacity; and the words “Servicer” or “Servicers” mean the individualsand/or entities who have agreed to provide you home services through Papabo Limited. The servicers are independent contractors and are not our employees, representatives or agents.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services’ user interface, in an email notification or through other reasonable means. Any such changes will become effective at the expiration of fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy and the Terms of Coverage available on the Site and applicable to your subscription plan of Papabo’s service. All such terms are hereby incorporated by reference into and form part of these Terms of Service.
ACCESS AND USE OF THE SERVICE
Services Description
The Service is a communications platform for enabling the connection between individuals seeking to obtain home services and individuals and/or entities seeking to provide home services.
To use the services of Papaboin connecting you with the Servicer(s), you may subscribe for the plan(s) or package(s) offered from time to time by Papabo on the Service (the “Plan(s)”).
You acknowledge that Papabo does not provide home services. The services of Papabo may be used by you to request and schedule home services with third party providers, but you agree that Papabohas no responsibility or liability to you related to any home services provided by third party providers through use of the Service other than as expressly set forth in these terms.
While Papabowill use reasonable endeavour to conduct background checks of Servicers, Papabodoes not guarantee or warrant, and makes no representations regarding the suitability, safety or ability of third party providers, including but not limited to a warranty of good and workmanlike services, warranty of fitness for a particular purpose or compliance with any laws or regulations. When interacting with home service providers, you should exercise caution and common sense to protect your personal safety and property. By using the Service, you agree to hold Papabo free from responsibility for any liability or damage that might arise out of any home services provided by third party providers. Neither Papabonor its affiliates or licensors is responsible for the conduct, whether online or offline, of any third party providers. Papaboand its affiliates and licensors will not be liable for any claim or damage arising in connection with any home services provided by third party providersexcept in respect of death or personal injury caused by Papabo’s negligence.
Your Registration Obligations
You may be required to register with Papabo in order to access and use certain features of the Service.If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.If you are under [18] years of age, you are not authorized to use the Service, with or without registering.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Papaboof any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Papabowill not be liable for any loss or damage arising from your failure to comply with this Section.
MODIFICATIONS TO SERVICE
Papabo reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Papabo will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Papabo may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Papabo’s servers on your behalf. You agree that Papabo has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Papabo reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Papabo reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MOBILE SERVICES
The Service includes certain services that are available via a mobile device, including:
12.1 [the ability to upload content to the Service via a mobile device];
12.2 [the ability to browse the Service and the Site from a mobile device];
12.3 [the ability to access certain features through an application downloaded and installed on a mobile device]
(collectively, the “Mobile Services”).
To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Papaboand other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Papaboaccount information to ensure that your messages are not sent to the person that acquires your old number.
CONDITIONS OF USE
Capacity To Use PapaboServices
The services offered by Papabo may only be used by individuals who are at least 18 years of age and who can enter into legally binding contracts under applicable laws. If you are not at least 18 years of age or you cannot enter into legally binding contracts under applicable laws, do not use the services offered by Papabo. The services offered by Papabo are intended to be used for your personal purposes only and not for any business, commercial or advertising purposes.
Reservation Of Rights By Papabo
Papabo reserves the right to refuse or cease to provide service to you at any time and for any reason, including without limitation a violation by you of theseTerms of Service, without prior notice to you, and Papabo will have no liability to you for doing so.
Information Provided To Papabo
In order to use the services offered by Papabo, you must provide us with certain information, such as your name, address, telephone number, credit card number and e-mail address, along with information about your home needs. You acknowledge and agree that all information that you provide to us will be complete, accurate and truthful. If you knowingly provide us with any false, misleading, fraudulent or inaccurate information, you will be solely and fully liable to us for any claims, damages, losses, costs, liabilities,legal fees or penalties that result from or relate in any way to the provision of that information.
Information Provided To Servicers and Contact
You acknowledge and agree that we have the right and your consent to provide any Servicer with any information that you have provided to us. You further acknowledge and agree that you can be contacted by us or by a Servicer by mail, telephone, email or other reasonable means of contact, even if you are now or later included on any “Do Not Call” listing.
Pricing
We reserve the right to change Papabo’s prices and will post any such price changes to the Site, or notify you, either through the Services’ user interface, in an email notification or through other reasonable means. Any such changes will become effective atthe expiration of fourteen (14) days after they are posted or notified to you.Your continued use of Papabo’s service after the price change becomes effective constitutes your agreement to pay the changed amount.
Subscription Plans and Annual Fee
In exchange for the provision of a communication platform connecting you and the Servicers, you agree to pay us yearly the annual fee applicable to the Plan(s) subscribed by you on the Service (the “Annual Fee”).
On every home repair requested by you, if the Servicer learns that the amount of time required to fix your problem or the retail price of any parts required to complete the repair are greater than originally foreseen, the Servicer or Papabo may require such additional charges or fees as may be required to cover the extra costs necessitated by such repair (the “Additional Cost”) from you before proceeding with the repair. If you do not consent to pay the additional charges or fees, the Servicer will not proceed to the repair.
Papabo shall be entitled to vary the Annual Fee from time to time. If we do this, we will post the change on the Site, or notify you, either through the Services’ user interface, in an email notification or through other reasonable means. Any such changes will become effective at the expiration of fourteen (14) days after they are posted or notified to you. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Annual Fee.
Consent to Charge Credit Card for the Annual Fee
You agree to provide us with an active credit card number at the time that you subscribe for any Plan, and you hereby authorize us to charge that credit card for the entire Annual Fee or any Additional Cost. If you dispute any charges you must let Papaboknow within sixty (60) days after the date that Papabocharges you. Any repair requested by you will be considered by Papaboto be complete when:
(i) you confirm to Papabothat your repair has been completed to your satisfaction; or
(ii) you fail to respond to Papabowithin 48 hours after your appointment. Papaboalso reserves the right to place a one-dollar HK$1 hold on your credit card at the time you subscribe for any Plan for the express purposes of verifying the credit card is active. You may withdraw your consent to the foregoing by contacting us, provided however, in such event, we reserve the right to terminate our service or cancel any subscription of Plan(s) that you have made forthwith, and in such circumstances, you shall remain liable to us for any amount owed to us prior to such termination or cancellation.
Replacement Products
Papabo does not provide any services in connection with the purchase or sale of any replacement part(s). If you decide to purchase any replacement part at any time and for any reason, that transaction is entirely your own decision and responsibility (even if a Servicer assists you in obtaining or purchasing the replacement part), and Papaboshall not be involved with and shall not be responsible for any aspect of the sale or purchase of the replacement part.
Commercial Use
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
User Conduct
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Papabo. Papaboreserves the right to investigate and take appropriate legal action against anyone who, in Papabo’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
25.1
mail or otherwise upload any content that
(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to upload under any law or under contractual or fiduciary relationships;
(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) poses or creates a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or
(vii) in the sole judgment of Papabo, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Papabo or its users to any harm or liability of any type;25.2
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
25.3
violate any applicable laws, rules, regulationsor orders of any foreign or domestic federal, state, provincial, municipal, county, city or local legislative, administrative or regulatory authority, agency, court, body or other governmental or quasi-governmental entity with competent jurisdiction, including any supranational body(collectively“Government Authority”) or international law;
25.4 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
25.5 solicit personal information from anyone under the age of 18;
25.6 harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
25.7 advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
25.8 further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
25.9 obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Papabo, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Papabofrom accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Papabo, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Papabo.
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Papabo, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Papabofrom accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Papabo, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Papabo.
The Papabo name and logos are trademarks and service marks of Papabo(collectively the “Papabo Trademarks”). Other names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Papabo. Nothing in theseTerms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of PapaboTrademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of PapaboTrademarks will inure to our exclusive benefit.
Third Party Material
Under no circumstances will Papabo be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Papabodoes not pre-screen content, but that Papabo and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Papabo and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Papabo, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Papaboand its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Papabo are non-confidential and Papabo will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Papabo may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with any laws, rules, regulations or orders of any Government Authority or any writs, injunctions, decrees or other legal process applicable to it;
(b) enforce these Terms of Service;
(c) respond to claims from any third parties; or
(d) protect the rights, property, or personal safety of Papabo, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
THIRD PARTY WEBSITES
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Papabohas no control over such sites and resources and Papbois not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Papabowill not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Papabois not liable for any loss or claim that you may have against any such third party.
THIRD PARTY RIGHTS
Unless expressly provided to the contrary herein, a person who is not Papabo or you has no right under the Contracts (Rights of Third Parties) Ordinance (Cap.623 of the Laws of Hong Kong) to enforce or to enjoy the benefit of any term contained in these Terms of Service. Notwithstanding any term in these Terms of Service, the consent of any person who is not Papabo or you is not required to rescind or vary any term in these Terms of Service.
INDEMNITY AND RELEASE
You agree to indemnify and keep indemnified and hold Papaboand its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, legal fees, rights, claims, actions of any kind arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of the rights of any third parties.
DISCLAIMER OF WARRANTIES
The Service is provided on an “as is” and “as available” basis. To the extent permitted by law, Papabo expressly disclaims all warranties of any kind, whether express, implied or statutory.
To the extent permitted by law, Papabo makes no warranty that
(i) the Service will meet your requirements,
(ii) the Service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the Service will be accurate or reliable, or
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
LIMITATION OF LIABILITY
You expressly understand and agree that,except in respect of death or personal injury caused by Papabo’s negligence,Papabo will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Papabohas been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from:
(i) the use or the inability to use the Service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the Service; or
(v) any other matter relating to the Service. In no event will Papabo’s total liability to you for all damages, losses or causes of action exceed the amount you have paid Papaboin the last six (6) months, or, if greater, HK$[*].Papabo shall not be liable to you or be deemed to be in breach of any terms hereunder by reason of any delay in performing, or any failure to perform, any of Papabo’s obligations in relation to the Service, if the delay or failure was due to any cause beyond Papabo’s reasonable control.
TERMINATION
You agree that Papabo, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Papabobelieves that you have violated or acted inconsistently with these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. Papabomay also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of theseTerms of Service may be effected without prior notice, and acknowledge and agree that Papabomay immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Papabowill not be liable to you or any third party for any termination of your access to the Service.
USER DISPUTES
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Papabowill have no liability or responsibility with respect thereto. Papabo reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
GENERAL
Except forthe Terms of Coverage and Privacy Policyon this Site and other terms or policiesas may be set, implemented or adopted by Papabofrom time to time and your receipt for payment and your applicationin relation to the provision of the Service, these Terms of Service constitute an entire agreement between the you and Papabowith respect to the matters dealt with herein and supersedes any previous agreements, arrangements, statements or transactions between you and Papaboin relation to the subject matters hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
These Terms of Service will be governed by and construed in accordance with the laws of Hong Kong. you and Papabo hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Hong Kong.
No failure or delay by Paapboin exercising any of its rights under these Terms of Service shall be deemed to be a waiver of that right, and no waiver by Papaboof any breach of these Terms of Service by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Serviceto the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You shall not assign or transfer or purport to assign or transfer any of your rights or obligations hereunder without the prior written consent of Papabo, but Papabo may assign or transfer the whole or part of these Terms of Service, in whole or in part, to any persons or entities without your prior consent.
In case any one or more of the provisions contained hereunder shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms of Service, but these Terms of Service shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Upon such determination that any term or provision is invalid, illegal or unenforceable, the court or other tribunal making such determination is authorized and instructed to modify these Terms of Service so as to effect the original intent of the parties as closely as possible so that the transactions and agreements contemplated herein are consummated as originally contemplated to the fullest extent possible.
Headings in these Terms of Service are inserted for convenience only and shall not affect the construction of these Terms of Service.
Notices to you may be made via either email or regular mail.
Papabomay also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
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