Definitions

In this Agreement the following words and expressions have the following meanings:

Agreement - Refers to these terms and conditions and the Application
Application - Refers to the application form(s) or registration form(s) to be completed by you for subscription to services offered by us
Charges - Refers to any fees set out in the Application and/or its respective terms and conditions and payable by you from time to time for the use of the Service and/or Content
Content - Refers to any content in whatever language, format or medium that can be accessed by you using the Service, including without limitation all text, pictures, sound, graphics, video, diagrams, symbols, software and other data or goods or services, whether belonging to you, us or a third party
Cost Contribution - Refers to sum calculated as follows: (number of days remaining in the Minimum Subscription Period) x Subscription Fee / 31
Designated System - Refers to a computer system on which the Equipment and/or Software are installed
Designated User - Refers to users who are authorized to use the Service and/or Content by you
Hong Kong - Refers to Hong Kong Special Administrative Region of the PRC
Minimum Commitment Period - Refers to the minimum subscription period of the Service as appearing on the Application
Personal Data - Refers to personal data as defined in the Personal Data (Privacy) Ordinance, Cap. 486 of the Laws of Hong Kong
Security Deposit - Refers to a deposit payment we require from you for the provision of the Service
Services - Refers to any access and/or leasing access time to computer data bases; consultation services, other Internet work-based technological services, shopping service and other services provided by us
Website - Refers to the web-site located at http://HotoHoto.com from which you can access the Service
Software - Refers to the software we deliver to you to access the Service
Subscription Fee - Refers to the fee for subscribing to the Service
Usage Charges - Refers to the charges for use of the Service
we, us, our - Refers to Surex Technology Limited
you, your, Subscriber - Refers to a subscriber to or user of the Service and/or Content

Acceptance of Terms and Conditions

We provides the Services to you, subject to the following Terms and Conditions of Use ("T&C"), which may be updated and revised by us from time to time by posting the revised version at the Websites. Some Services may be subject to additional terms and conditions governing their provision which additional terms will be made known to you upon you expressing your intent to use those services. Those additional terms and conditions are hereby incorporated by reference into the T&C.

You accept and agree to be bound by the T&C upon your using any Services or otherwise accessing the Websites or using any information found therein. If you do not accept the T&C, you may not and should not access the Websites or use the services or information provided thereunder. If you have any questions about the T&C, or about accessing and using the Websites, please click the Contact Us at our home page or contact us at support@HotoHoto.com.

Software Licence

1. We hereby grant to you a non-exclusive and non-transferable licence to install, store, run and use the Software on your computer in accordance with the terms and conditions of this Agreement but not further or otherwise.
2. Except to the extent permitted by law, you shall not, nor allow others to copy, sub-license, distribute, rent, loan, lease, sell, transfer, exploit, alter, modify, adapt or translate the Software nor decompile, disassemble or reverse engineer the same nor attempt to do such thing.

Our Responsibilities

1. You should note that we may:
   1. suspend the Service at any time without prior notice to carry out system maintenance, upgrading, testing and/or repairs;
   2. upon a breach of this Agreement by you, limit or suspend your access to the Service without notice if the breach persists despite one warning having been given to you or without warning where such action is appropriate given the nature of your breach;
   3. expand, reduce and/or modify any part or parts of the Service and/or Content;
   4. amend the amount of any Charges and/or introduce new Charges at our discretion;
   5. change these terms and conditions of use at any time, and/or amend any operating rules which govern your use of the Service, by notifying you of the details of such amendments by post or by email , such amendments to take effect 7 days after any such posting is made. Any continued use by you of the Service after such seven-day period shall constitute your acceptance of and agreement to the amendments so notified. We will also post the latest version of these terms and conditions at the Website.
2. We may also provide services for and on behalf of Third Party Service Providers. In such cases, we act as their agents and we are not responsible for disputes arising out of Third Party Service Providers' services and/or products. You should contact the relevant Third Party Service Provider directly. Further, the provision of such services is subject to terms and conditions signed between the Subscriber and the Third Party Service Provider.

Your Responsibilities

1. You will be responsible for your use and any Designated User's use of the Service. You will ensure any Designated User complies with these terms and conditions.
2. You will not:
   1. part with, transfer nor sub-license any of your rights to use the Service. If you become aware of any unauthorised access to the Service by any person who has accessed the Services, you shall immediately notify us. We shall not be liable for any loss or damage you sustain by reason of any such access to the Service;
   2. copy, distribute, publish, transmit or otherwise exploit any Content unless you own that Content or possess an appropriate licence. Save to the extent permitted by this Agreement and by law, you will not reverse engineer, disassemble or decompile any of our Content or transmit software that may cause damage to or failure of our computer equipment or data or that of any other persons, including without limitation using the Service to upload a computer virus or any harmful software application or engage in denial of service attacks;
   3. use the Service to publish, distribute, transmit or circulate any commercial, illegal, improper, immoral, defamatory, unsolicited advertising or promotional information (or any other form of spam) or any content that is obscene, indecent, seditious, offensive, threatening, liable to incite racial hatred, discriminatory, menacing or in breach of confidence, or in violation of any intellectual property or other rights, whether belonging to us or to any third party; or
   4. hack, break into, access, use or attempt to hack, break into, access or use any part of our Service, our Content and/or any data areas on our server(s) for which you have not been authorised by us.
3. You acknowledge and agree that:
   1. the Service (including, for the avoidance of doubt, the Software and any Content) is supplied on an "as is" basis;
   2. the provision of the Service may be subject to reconfiguration of the Designated System and installation of Equipment/Software
   3. except for that Content which is supplied by us as principal, it is not our general policy to exercise any editorial control over or to edit or amend any Content before it is transmitted or made available through the Service. As a result, your use of or reliance upon any Content obtained via the Service is entirely at your own risk;
   4. we are hereby authorised by you and reserve the right, either pursuant to a court order or where any such Content is deemed in our sole and absolute opinion to be in breach of your obligations under this Agreement or to be otherwise not suitable for access through the Service, to delete without prior notice any Content which is uploaded to the Service or otherwise provided to us by you;
   5. save for any Content generated by you or a third party, as between you and us the intellectual property rights of all Content on the Website belongs to us, and you agree not to reproduce any part of that Content save for downloading to a local hard disk, or printing extracts of the Content, for your personal use only;
   6. the information you supplied to us on the Application was true, accurate and complete at the time you submitted the Application. You shall notify us of any change or alteration to that information in writing as soon as practicable; and (vii) our affiliates, agents or contractors may provide any part of the Service or perform any of our duties hereunder.
   7. our affiliates, agents or contractors may provide any part of the Service or perform any of our duties hereunder.
4. You shall pay us for our Service on the following basis:
   1. You agree that you shall be liable for Charges for Service rendered to you or any Designated User;
   2. You agree that you are required to pay a Security Deposit which is refundable without interest upon termination of this Agreement after deducting such sums as may be required pursuant to Clause [8.3];
   3. You agree that you are required to subscribe the Service for a Minimum Commitment Period and where the Agreement is terminated before the expiry of the Minimum Commitment Period, you are required to pay us the Cost Contribution;
   4. We shall invoice you by electronic mail or post
      • monthly in advance for Subscription Fee and/or
      • monthly in arrears for Usage Charges; however, we reserve the right to alter the invoicing period from time to time without prior notice. Charges paid in advance are non-refundable unless we specify otherwise. The Charges shall be charged on the payment due date against your credit card account or you may pay us Charges through cash, direct bank transfer or cheque settlement. All Charges shall be made so as to be received by us in cleared funds by the date specified on the invoice. Time of payment is of the essence of this Agreement. If you require a hard copy of the invoice or an itemized invoice (whether by post or by electronic mail), we may charge you for the cost of preparing any such invoice.
   5. In the event of late payment, we have the right to terminate the Service. We reserve the right to charge you the administration cost arising out of the termination of the Service.
   6. We may impose a credit limit for Charges incurred by you and may suspend your access to our Service without prior notice, in whole or in part, if such limit is exceeded.
   7. Any dispute on the Charges can only be raised within 14 days of the payment due date as stated on the invoice.
5. For services and products provided by Third Party Service Providers, you shall settle their charges directly with them.

Personal Data

1. The Personal Data collected by us in connection with the provision of Service to you will be used by us for the purpose of performing our obligations under this Agreement and other purposes arising out of and in connection with this Agreement. We reserve the right to transfer such Personal Data to third parties including, but not limited to our related companies for direct marketing purposes. We undertake to comply with our Privacy Policy

Disclaimer of Warranties

HotoHoto disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the HOTOHOTO SERVICES results. HotoHoto disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. HotoHoto disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the HOTOHOTO SERVICES.

THE HOTOHOTO SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE HOTOHOTO SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. HOTOHOTO AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. HOTOHOTO AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE HOTOHOTO SERVICES. HOTOHOTO AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE HOTOHOTO SERVICES. HOTOHOTO AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HOTOHOTO SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE HOTOHOTO SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE HOTOHOTO SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE HOTOHOTO SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.

Limitation of Liability

1. To the extent permitted by the laws of Hong Kong, we disclaim any implied representation or warranty:
   1. as to the title, fitness for a particular purpose, merchantability, accuracy, completeness, non-infringement or standard of quality of, the Software, the Service and any Content;
   2. that the Service or your use thereof will be uninterrupted, error-free, virus-free, or reliable;
   3. as to any obligation to maintain the confidentiality of any information provided by you to us or obtained by us from you, save as set out in our Privacy Policy statement; and
   4. as to the results to be obtained from use of any of our Services and/or any Content.
   We also reserve the right to suspend or terminate the Service without liability to you.
2. In the absence of our gross negligence or deliberate act and to the extent permitted by the laws of Hong Kong, we hereby expressly exclude any liability for:
   1. any damage to or loss of data from any computer system suffered by you arising from your use of the Software, the Service and/or any Content, including but not limited to configuration or installation activities required for the purpose of accessing the Service;
   2. any claim based on contract, tort or otherwise for any loss of revenue (whether direct or indirect), loss of profits or any other type of consequential loss whether or not foreseeable as a consequence of a breach of this Agreement;
   3. any claim relating to any part of the Service and/or any Content/Software supplied, provided, sold or made available by or through us (or any failure or delay to so supply, provide, sell or make available); and
   4. any disruption or suspension of the Service or any part thereof.
3. In the absence of a negligent or deliberate act by us or our employees, agents or sub-contractors, we hereby expressly exclude any liability for any injury, disease, seizure or loss of consciousness whether of a physical or psychological nature suffered by you or any person who accesses the Service, whether arising directly or indirectly from accessing and using any of our Services.
4. We, our affiliates, agents and contractors take no responsibility and assume no liability for the content of the Website or for anything posted on or linked to it, including without limitation any mistake, error, omission, infringement, defamation or falsehood which might offend or otherwise give rise to any claim or complaint.
5. If any provision of this Agreement (and in particular this Clause 7) shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
6. Save where otherwise excluded, our liability to you for (a) any breach by us of this Agreement or of any warranty implied by law and (b) any representation statement or tortious act or omission including negligence arising under or in connection with this Agreement shall be limited to the total amount of Charges received by us from you up to the date of such breach, representation, statement, act or omission.

Commencement and Termination of Agreement

1. We may terminate this Agreement at any time upon giving at least 14 days' notice to you, or immediately by notice to you if you:
   1. fail to pay any sums due to us; or
   2. breach any term of this Agreement.
2. You may not change or terminate HotoHoto Booking Service prior to the booking date.
3. Should this Agreement be terminated for any reason whatsoever, you:
   1. hereby irrevocably authorise us to erase any or all of the subscriber/user's Content without prior notice to you;
   2. shall immediately cease to use the Service;
   3. shall remain liable to us for any arrears of Charges accrued up to the date of termination; and
   4. shall within seven days of such termination pay us all outstanding Charges incurred pursuant to this Agreement up to and including the date of termination.
4. Termination of this Agreement shall not affect any rights or liabilities of the parties which have arisen prior to the date of termination.
5. All indemnities, restrictions and obligations on your part contained in this Agreement shall survive termination of this Agreement.

Changes In this Agreement HotoHoto services

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these User Agreement from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Others

1. You agree to indemnify us for all losses, damages, or expenses (including legal and other professional advisors' fees) incurred by us in connection with the breach or enforcement against you of this Agreement.
2. This Agreement is subject to the laws of Hong Kong and the parties submit to the non-exclusive jurisdiction of the Hong Kong courts.
3. This Agreement is available in both English and Chinese version. The English version shall prevail in the event of any discrepancy between the two versions.