Last updated: January 23, 2020
P0.lease read these terms and
conditions carefully before using Our Service.
Interpretation and
Definitions
The words of which the initial
letter is capitalized have meanings defined under
the following conditions.
The following definitions shall
have the same meaning regardless of whether they
appear in singular or in plural.
For the purposes of these Terms
and Conditions:
·
Application means the
software program provided by the Company downloaded
by You on any electronic device, named HIU
·
Application Store means the
digital distribution service operated and developed
by Apple Inc. (Apple App Store) or Google Inc.
(Google Play Store) in which the Application has
been downloaded.
·
Affiliate means an entity
that controls, is controlled by or is under common
control with a party, where "control" means
ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for
election of directors or other managing authority.
·
Account means a unique
account created for You to access our Service or
parts of our Service.
·
Company (referred to as
either "the Company", "We", "Us" or "Our" in this
Agreement) refers to HIU Limited, Unit 1411
Floor 14 Cosco Tower .
·
Content refers to content
such as text, images, or other information that can
be posted, uploaded, linked to or otherwise made
available by You, regardless of the form of that
content.
·
Country refers to: Hong Kong
·
Device means any device that
can access the Service such as a computer, a
cellphone or a digital tablet.
·
In-app Purchase refers to
the purchase of a product, item, service or
Subscription made through the Application and
subject to these Terms and Conditions and/or the
Application Store's own terms and conditions.
·
Service refers to the
Application.
·
Subscriptions refer to the
services or access to the Service offered on a
subscription basis by the Company to You.
·
Terms and Conditions (also
referred as "Terms") mean these Terms and Conditions
that form the entire agreement between You and the
Company regarding the use of the Service.
·
Third-party Social Media Service
means any services or content (including data,
information, products or services) provided by a
third-party that may be displayed, included or made
available by the Service.
·
You means the individual
accessing or using the Service, or the company, or
other legal entity on behalf of which such
individual is accessing or using the Service, as
applicable.
Acknowledgement
These are the Terms and
Conditions governing the use of this Service and the
agreement that operates between You and the Company.
These Terms and Conditions set out the rights and
obligations of all users regarding the use of the
Service.
Your access to and use of the
Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These
Terms and Conditions apply to all visitors, users
and others who access or use the Service.
By accessing or using the
Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these
Terms and Conditions then You may not access the
Service.
Your access to and use of the
Service is also conditioned on Your acceptance of
and compliance with the Privacy Policy of the
Company. Our Privacy Policy describes Our policies
and procedures on the collection, use and disclosure
of Your personal information when You use the
Application or the Website and tells You about Your
privacy rights and how the law protects You. Please
read Our Privacy Policy carefully before using Our
Service.
Subscriptions
The Service or some parts of
the Service are available only with a paid
Subscription. You will be billed in advance on a
recurring and periodic basis (such as daily, weekly,
monthly or annually), depending on the type of
Subscription plan you select when purchasing the
Subscription.
At the end of each period, Your
Subscription will automatically renew under the
exact same conditions unless You cancel it or the
Company cancels it.
You may cancel Your
Subscription renewal either through Your Account
settings page or by contacting the Company.
You will not receive a refund
for the fees You already paid for Your current
Subscription period and You will be able to access
the Service until the end of Your current
Subscription period.
If the Subscription has been
made through an In-app Purchase, You can cancel the
renewal of Your Subscription with the Application
Store.
You shall provide the Company
with accurate and complete billing information
including full name, address, state, zip code,
telephone number, and a valid payment method
information.
Should automatic billing fail
to occur for any reason, the Company will issue an
electronic invoice indicating that you must proceed
manually, within a certain deadline date, with the
full payment corresponding to the billing period as
indicated on the invoice.
If the Subscription has been
made through an In-app Purchase, all billing is
handled by the Application Store and is governed by
the Application Store's own terms and conditions.
The Company, in its sole
discretion and at any time, may modify the
Subscription fees. Any Subscription fee change will
become effective at the end of the then-current
Subscription period.
The Company will provide You
with reasonable prior notice of any change in
Subscription fees to give You an opportunity to
terminate Your Subscription before such change
becomes effective.
Your continued use of the
Service after the Subscription fee change comes into
effect constitutes Your agreement to pay the
modified Subscription fee amount.
Except when required by law,
paid Subscription fees are non-refundable.
Certain refund requests for
Subscriptions may be considered by the Company on a
case-by-case basis and granted at the sole
discretion of the Company.
If the Subscription has been
made through an In-app purchase, the Application
Store’s refund policy will apply. If You wish to
request a refund, You may do so by contacting the
Application Store directly.
In-app Purchases
The Application may include
In-app Purchases that allow you to buy products,
services or Subscriptions.
More information about how you
may be able to manage In-app Purchases using your
Device may be set out in the Application Store's own
terms and conditions or in your Device's Help
settings.
In-app Purchases can only be
consumed within the Application. If you make a
In-app Purchase, that In-app Purchase cannot be
cancelled after you have initiated its download.
In-app Purchases cannot be redeemed for cash or
other consideration or otherwise transferred.
If any In-app Purchase is not
successfully downloaded or does not work once it has
been successfully downloaded, we will, after
becoming aware of the fault or being notified to the
fault by You, investigate the reason for the fault.
We will act reasonably in deciding whether to
provide You with a replacement In-app Purchase or
issue You with a patch to repair the fault. In no
event will We charge You to replace or repair the
In-app Purchase. In the unlikely event that we are
unable to replace or repair the relevant In-app
Purchase or are unable to do so within a reasonable
period of time and without significant inconvenience
to You, We will authorize the Application Store to
refund You an amount up to the cost of the relevant
In-app Purchase. Alternatively, if You wish to
request a refund, You may do so by contacting the
Application Store directly.
You acknowledge and agree that
all billing and transaction processes are handled by
the Application Store from where you downloaded the
Application and are governed by that Application
Store's own terms and conditions.
If you have any payment related
issues with In-app Purchases, then you need to
contact the Application Store directly.
User Accounts
When You create an account with
Us, You must provide Us information that is
accurate, complete, and current at all times.
Failure to do so constitutes a breach of the Terms,
which may result in immediate termination of Your
account on Our Service.
You are responsible for
safeguarding the password that You use to access the
Service and for any activities or actions under Your
password, whether Your password is with Our Service
or a Third-Party Social Media Service.
You agree not to disclose Your
password to any third party. You must notify Us
immediately upon becoming aware of any breach of
security or unauthorized use of Your account.
You may not use as a username
the name of another person or entity or that is not
lawfully available for use, a name or trademark that
is subject to any rights of another person or entity
other than You without appropriate authorization, or
a name that is otherwise offensive, vulgar or
obscene.
Content
Our Service allows You to post
Content. You are responsible for the Content that
You post to the Service, including its legality,
reliability, and appropriateness.
By posting Content to the
Service, You grant Us the right and license to use,
modify, publicly perform, publicly display,
reproduce, and distribute such Content on and
through the Service. You retain any and all of Your
rights to any Content You submit, post or display on
or through the Service and You are responsible for
protecting those rights. You agree that this license
includes the right for Us to make Your Content
available to other users of the Service, who may
also use Your Content subject to these Terms.
You represent and warrant that:
(i) the Content is Yours (You own it) or You have
the right to use it and grant Us the rights and
license as provided in these Terms, and (ii) the
posting of Your Content on or through the Service
does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other
rights of any person.
The Company is not responsible
for the content of the Service's users. You
expressly understand and agree that You are solely
responsible for the Content and for all activity
that occurs under your account, whether done so by
You or any third person using Your account.
You may not transmit any
Content that is unlawful, offensive, upsetting,
intended to disgust, threatening, libelous,
defamatory, obscene or otherwise objectionable.
Examples of such objectionable Content include, but
are not limited to, the following:
·
Unlawful or promoting unlawful
activity.
·
Defamatory, discriminatory, or
mean-spirited content, including references or
commentary about religion, race, sexual orientation,
gender, national/ethnic origin, or other targeted
groups.
·
Spam, machine – or randomly –
generated, constituting unauthorized or unsolicited
advertising, chain letters, any other form of
unauthorized solicitation, or any form of lottery or
gambling.
·
Containing or installing any
viruses, worms, malware, trojan horses, or other
content that is designed or intended to disrupt,
damage, or limit the functioning of any software,
hardware or telecommunications equipment or to
damage or obtain unauthorized access to any data or
other information of a third person.
·
Infringing on any proprietary
rights of any party, including patent, trademark,
trade secret, copyright, right of publicity or other
rights.
·
Impersonating any person or entity
including the Company and its employees or
representatives.
·
Violating the privacy of any third
person.
·
False information and features.
The Company reserves the right,
but not the obligation, to, in its sole discretion,
determine whether or not any Content is appropriate
and complies with this Terms, refuse or remove this
Content. The Company further reserves the right to
make formatting and edits and change the manner any
Content. The Company can also limit or revoke the
use of the Service if You post such objectionable
Content.
As the Company cannot control
all content posted by users and/or third parties on
the Service, you agree to use the Service at your
own risk. You understand that by using the Service
You may be exposed to content that You may find
offensive, indecent, incorrect or objectionable, and
You agree that under no circumstances will the
Company be liable in any way for any content,
including any errors or omissions in any content, or
any loss or damage of any kind incurred as a result
of your use of any content.
Although regular backups of
Content are performed, the Company do not guarantee
there will be no loss or corruption of data.
Corrupt or invalid backup
points may be caused by, without limitation, Content
that is corrupted prior to being backed up or that
changes during the time a backup is performed.
The Company will provide
support and attempt to troubleshoot any known or
discovered issues that may affect the backups of
Content. But You acknowledge that the Company has no
liability related to the integrity of Content or the
failure to successfully restore Content to a usable
state.
You agree to maintain a
complete and accurate copy of any Content in a
location independent of the Service.
Copyright Policy
We respect the intellectual
property rights of others. It is Our policy to
respond to any claim that Content posted on the
Service infringes a copyright or other intellectual
property infringement of any person.
If You are a copyright owner,
or authorized on behalf of one, and You believe that
the copyrighted work has been copied in a way that
constitutes copyright infringement that is taking
place through the Service, You must submit Your
notice in writing to the attention of our copyright
agent via email at copyright@hiulive.com and include
in Your notice a detailed description of the alleged
infringement.
You may be held accountable for
damages (including costs and attorneys' fees) for
misrepresenting that any Content is infringing Your
copyright.
You may submit a notification
pursuant to the Digital Millennium Copyright Act
(DMCA) by providing our Copyright Agent with the
following information in writing (see 17 U.S.C
512(c)(3) for further detail):
·
An electronic or physical signature
of the person authorized to act on behalf of the
owner of the copyright's interest.
·
A description of the copyrighted
work that You claim has been infringed, including
the URL (i.e., web page address) of the location
where the copyrighted work exists or a copy of the
copyrighted work.
·
Identification of the URL or other
specific location on the Service where the material
that You claim is infringing is located.
·
Your address, telephone number, and
email address.
·
A statement by You that You have a
good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the
law.
·
A statement by You, made under
penalty of perjury, that the above information in
Your notice is accurate and that You are the
copyright owner or authorized to act on the
copyright owner's behalf.
You can contact our copyright
agent via email at copyright@hiulive.com
Upon receipt of a notification,
the Company will take whatever action, in its sole
discretion, it deems appropriate, including removal
of the challenged content from the Service.
Links to Other Websites
Our Service may contain links
to third-party web sites or services that are not
owned or controlled by the Company.
The Company has no control
over, and assumes no responsibility for, the
content, privacy policies, or practices of any third
party web sites or services. You further acknowledge
and agree that the Company shall not be responsible
or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in
connection with the use of or reliance on any such
content, goods or services available on or through
any such web sites or services.
We strongly advise You to read
the terms and conditions and privacy policies of any
third-party web sites or services that You visit.
Termination
We may terminate or suspend
Your Account immediately, without prior notice or
liability, for any reason whatsoever, including
without limitation if You breach these Terms and
Conditions.
Upon termination, Your right to
use the Service will cease immediately. If You wish
to terminate Your Account, You may simply
discontinue using the Service.
Limitation of Liability
Notwithstanding any damages
that You might incur, the entire liability of the
Company and any of its suppliers under any provision
of this Terms and Your exclusive remedy for all of
the foregoing shall be limited to the amount
actually paid by You through the Service or 100 USD
if You haven't purchased anything through the
Service.
To the maximum extent permitted
by applicable law, in no event shall the Company or
its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever
(including, but not limited to, damages for loss of
profits, loss of data or other information, for
business interruption, for personal injury, loss of
privacy arising out of or in any way related to the
use of or inability to use the Service, third-party
software and/or third-party hardware used with the
Service, or otherwise in connection with any
provision of this Terms), even if the Company or any
supplier has been advised of the possibility of such
damages and even if the remedy fails of its
essential purpose.
Some states do not allow the
exclusion of implied warranties or limitation of
liability for incidental or consequential damages,
which means that some of the above limitations may
not apply. In these states, each party's liability
will be limited to the greatest extent permitted by
law.
"AS IS" and "AS
AVAILABLE" Disclaimer
The Service is provided to You
"AS IS" and "AS AVAILABLE" and with all faults and
defects without warranty of any kind. To the maximum
extent permitted under applicable law, the Company,
on its own behalf and on behalf of its Affiliates
and its and their respective licensors and service
providers, expressly disclaims all warranties,
whether express, implied, statutory or otherwise,
with respect to the Service, including all implied
warranties of merchantability, fitness for a
particular purpose, title and non-infringement, and
warranties that may arise out of course of dealing,
course of performance, usage or trade practice.
Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no
representation of any kind that the Service will
meet Your requirements, achieve any intended
results, be compatible or work with any other
software, applications, systems or services, operate
without interruption, meet any performance or
reliability standards or be error free or that any
errors or defects can or will be corrected.
Without limiting the foregoing,
neither the Company nor any of the company's
provider makes any representation or warranty of any
kind, express or implied: (i) as to the operation or
availability of the Service, or the information,
content, and materials or products included thereon;
(ii) that the Service will be uninterrupted or
error-free; (iii) as to the accuracy, reliability,
or currency of any information or content provided
through the Service; or (iv) that the Service, its
servers, the content, or e-mails sent from or on
behalf of the Company are free of viruses, scripts,
trojan horses, worms, malware, timebombs or other
harmful components.
Some jurisdictions do not allow
the exclusion of certain types of warranties or
limitations on applicable statutory rights of a
consumer, so some or all of the above exclusions and
limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this
section shall be applied to the greatest extent
enforceable under applicable law.
Governing Law
The laws of the Country,
excluding its conflicts of law rules, shall govern
this Terms and Your use of the Service. Your use of
the Application may also be subject to other local,
state, national, or international laws.
Disputes Resolution
If You have any concern or
dispute about the Service, You agree to first try to
resolve the dispute informally by contacting the
Company.
For European Union (EU)
Users
If You are a European Union
consumer, you will benefit from any mandatory
provisions of the law of the country in which you
are resident in.
United States Federal
Government End Use Provisions
If You are a U.S. federal
government end user, our Service is a "Commercial
Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal
Compliance
You represent and warrant that
(i) You are not located in a country that is subject
to the United States government embargo, or that has
been designated by the United States government as a
“terrorist supporting” country, and (ii) You are not
listed on any United States government list of
prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms
is held to be unenforceable or invalid, such
provision will be changed and interpreted to
accomplish the objectives of such provision to the
greatest extent possible under applicable law and
the remaining provisions will continue in full force
and effect.
Except as provided herein, the
failure to exercise a right or to require
performance of an obligation under this Terms shall
not effect a party's ability to exercise such right
or require such performance at any time thereafter
nor shall be the waiver of a breach constitute a
waiver of any subsequent breach.
Translation
Interpretation
These Terms and Conditions may
have been translated if We have made them available
to You on our Service.
You agree that the original
English text shall prevail in the case of a dispute.
Changes to These Terms
and Conditions
We reserve the right, at Our
sole discretion, to modify or replace these Terms at
any time. If a revision is material We will make
reasonable efforts to provide at least 30 days'
notice prior to any new terms taking effect. What
constitutes a material change will be determined at
Our sole discretion.
By continuing to access or use
Our Service after those revisions become effective,
You agree to be bound by the revised terms. If You
do not agree to the new terms, in whole or in part,
please stop using the website and the Service.
Contact Us
If you have any questions about
these Terms and Conditions, You can contact us:
·
By email: info@hiulive.com
·
By visiting this page on our
website: https://www.hiulive.com/contact
HIU Limited Corporate Headquarters :
HIU Limited Unit 1411 Floor 14
Cosco Tower
183 Queen’s Road Central
Hong Kong