Onespecialday.hk, (hereinafter collectively referred to as the “Sites") is operated by Dynamix ( Hong Kong ) Limited (hereinafter referred to as the “Company"). The Company operates and provides services via, apart from the Sites, other media platforms or other websites (hereinafter referred to as the “Platforms") and applications including mobile applications (hereinafter referred to as the “Applications") which are developed in whole or in part by the Company. The Sites, the Platforms and the Applications may be referred to collectively as the “Channels" hereinafter.
By using the Channels, Users also acknowledge and agree that, if applicable, apart from being bound by the Terms and Conditions set out herein, they will at the same time be bound by the terms and conditions of the relevant and applicable Channel(s) they use and the terms and conditions of the relevant and applicable Channel(s) operated by the Company which their Materials (as defined in Section 3.1 below) are being / have been uploaded to or posted on.
The terms “User” and “Users” herein refer to all individuals and/or entities accessing and/or using the Channels at anytime for any reason or purpose.
- General Terms
1.1 The Company provides an online platform which covers a wide spectrum of services in over 300 categories of specific services for individuals, companies and organizations to list the services or products which they offer or require, and provides online marketing (including but not limited to posting advertisements, promotional campaigns, marketing materials and hosting special events) as well as providing discussion forums and web hosting services to Users. Users may also send their own messages to other Users or other third parties through the Channels. The Company also provides a forum whereby Users can obtain service information and share knowledge and experience with other Users for a wide variety of channels. (The above services hereinafter collectively referred to as the “Services”).
1.2 The Company provides, through the 88Shop and the Company’s computer servers, web custom design and creation, web hosting, content creation and other related services for Users who wish to promote their businesses taking into account the preference of such business-owners. This service allows the Users to establish an internet web presence through the computer servers of the Company and/or its affiliates (for further details, please visit the 88Shop.com or contact the Representative of the Company at +852 3565 4938 or email to CS@88DB.com.hk.
1.3 The Company is not a party to nor is it involved in any actual transactions between Users (whether purchaser, seller, service provider or otherwise).
- Prohibited Uses for all Users
Users, registered or non-registered, agree not to use any of the Channels for any of the following purposes which are expressly prohibited: –
2.1 All Users are prohibited from violating or attempting to violate the security of the Channels including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any User, host or network or sending unsolicited e-mail. Violation of system or network security may result in civil and/or criminal liabilities.
2.2 All Users shall not use the Channels (1) for uploading, posting, publishing, transmitting, distributing, circulating or storing material in violation of any applicable law or regulation; or (2) in any manner that will infringe the copyright, trademark, trade secrets or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others; or (3) in any manner that is harmful, defamatory, libelous, obscene, discriminatory, harassing, threatening, abusive, hateful or is otherwise offensive or objectionable. In particular, all Users shall not print, download, duplicate or otherwise copy or use any personally identifiable information about other Users (if any). All unsolicited communications of any type to Users are strictly prohibited.
2.3 Users shall not use the Channels if they do not have legal capacity to form legally binding contracts.
2.4 Users shall not post or upload any Materials (as defined below in paragraph 3.a.) on the Channels which contains any false, inaccurate, misleading or libelous content or contains any computer viruses, Trojan horses, worms, computed files or other materials that may interrupt, damage or limit the functionality of any computer software or hardware or telecommunication equipment. Also, the Materials shall not be fraudulent or involve sale of counterfeit goods or illegal products.
2.5 Users shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
2.6 Users shall not use any Material posted by other Users on the Channels other than for the purpose of accepting, forwarding, identifying, locating and/or replying advertisement, messages or any content therein.
2.7 Users shall not delete or revise any Material posted by any other Users, person or entity.
- Acceptable uses of the Channels
3.1 Specific uses – User(s) uploading or posting advertisements, photos, contents, views, comments, messages and/or other information on the Channels (hereinafter collectively referred to as the “Material(s)”).
Such User(s) posting the Materials shall hereinafter referred to as the “Posting User(s)".
(i) The Posting User agrees that he/she/it shall only use the Channels for lawful purposes and for enjoying the Services provided by the Channels. The Posting User acknowledges, agrees and consents that the Materials posted by him/her/it on the Channels (including any personal data) may be accessed by Viewer (as defined below) for the purpose of accepting, forwarding, identifying, locating and/or replying advertisements, materials, representations, messages or any content therein. The Company reserves the absolute right to edit, reject, disapprove, erase and/or delete any advertisement, materials, representations, views, comments, information and/or messages posted on the Channels as it sees appropriate to achieve the purpose stated herein.
(ii) If a Posting User posts Materials on the Channels and subsequently deletes and/or removes the same, or that the Company deletes any and/or removes such posted Materials, such Materials will no longer be accessible by the Posting User who posted the same via that User’s account; however, such deleted Materials may still persist and appear on any part of the Channels, and/or be used in any form by the Company and/or its affiliates.
(iii) In the event that the Posting User is an individual, he/she/it shall not post his/her/its identification document / passport on the advertisement. The Company will not release the Posting User’s personal data to any User without his/her/its prior written consent. The Posting User acknowledges, agrees and consents that the Company and/or its affiliates may use his/her/its personal data for purposes relating to the Services provided by the Company and/or the Channels and marketing services and special events of the Company and/or its affiliates.
(v) The Company reserves the right to request any User to cease using or to change his/her/its username immediately upon notice given to the relevant user without giving any reason as and when the Company deems appropriate to do so; if any User disagrees and refuses to abide by such request made by the Company, the Company may at any time and its sole discretion, deactivate that User’s account without prior notification to that User and without prejudice to all the Company’s other rights and remedies.
(vi) This paragraph shall only be applicable to Users posting advertisements, promotional and market materials (“Advertiser(s)”):-
The Advertisers who post advertisements on the Channels shall be solely responsible for the contents and materials contained in his/her/its advertisements and/or any web pages linked to the Channels posted by them. The Company reserves the absolute right to edit, reject, erase, remove and/or delete any advertisement and links to web pages as it sees appropriate. The Company shall have the right to terminate any services to any Advertiser at its sole and absolute discretion.
Upon payment of a service fee to the Company or upon acceptance of any free trial promotion offer, Advertisers will be entitled to use the Sites and/or Platforms and/or Applications (as the case may be) to post advertisements, messages and promotional materials (subject to the Terms and Conditions and any specific terms and conditions of any service agreement(s) entered into between the Company and the User(s), and in the event of any conflict between the two, the latter shall prevail). The Company also reserves the right to change the service fee or institute new charges or fees to be paid by the Advertisers for posting advertisements, messages and promotional materials on the Channels, as it deems appropriate. In the event that any Advertiser posting advertisements, messages and promotional materials fails to pay the service fee or any other fees or charges due to the Company, the Company reserves the absolute right to suspend or terminate that Advertiser’s user account, Advertiser’s advertisements and links to web pages without prejudice to all its other rights and remedies.
(vii) This paragraph shall only be applicable to the use of the Applications:-
By using the Applications, Users acknowledge and agree to the following:-
- If Users use the Applications to upload, post and share Materials, including but not limited to instantly uploading, posting and sharing photos taken, the Users are consenting to the Materials being shared;
- The Users’ use of the Applications may cause personally identifying information to be publicly disclosed and/or associated with the relevant Users, even if the Company has not itself provided such information; and
- The Users shall use the Applications at their own option and risk and at their own accord. The Users will hold the Company harmless for activities related to their use of the Applications.
3.2. Specific uses – User(s) viewing the Materials posted on the Channels (hereinafter referred to the “Viewer(s)”)
The Viewer agrees that he/she/it shall only use the Channels for lawful purposes and for enjoying the Services provided by the Channels. The Viewer agrees that any personal data received from the Channels or the Company shall only be used for the purpose of accepting, forwarding, identifying, locating and/or replying advertisements, materials, representations, views, comments and/or other information posted by the Advertiser or any content therein or for the purpose of enjoying the Services provided by the Channels. Any personal data which are irrelevant to the above purposes shall be disregarded and shall not be saved, stored, collected, processed, used, distributed, published, disclosed or transmitted in any way, including but not limited to for any commercial purpose. The Viewer also agrees that any personal data collected from the Channels or the Company shall be promptly and properly deleted when the above purposes have lapsed or been achieved.
The Company shall not be responsible or held liable in any way if any Users, in breach of the Terms and Conditions, whether in Hong Kong or elsewhere, use the other Users’ personal data, information or materials (whether obtained from the Channels or not) for any purpose. All Users accept that all personal data, information or materials provided by them publicly on the Channels are voluntarily provided and are given entirely at their own risk. The Company shall not bear the responsibility of protecting the personal data, information or materials so provided.
3.3. Specific uses – User(s) using 88Shop service
For any User using 88Shop service provided by the Company, the User is deemed to have read, understood and accepted the Terms and Conditions as well as the Terms and Conditions of 88Shop in detail before using the said service.
- Content License
- Intellectual Property Rights
All contents of the Channels, including without limitation the text, images, information, layout, database, graphics, pictures, sounds or audio formats, software, brands and HTML are the intellectual properties of the Company or the relevant Users (as the case may be) which are protected by copyright and trademark laws and may not be downloaded or otherwise duplicated without the express written permission of the Company or the relevant Users (as the case may be). Re-use of any of the foregoing is strictly prohibited and the Company reserves all rights. Any use of any such contents other than those permitted under the Terms and Conditions is strictly prohibited and the Company reserves all rights in this respect. For the avoidance of doubt, any purported consent of any third parties on the use of the contents and materials mentioned under this Clause shall not exonerate the Users from the restrictions/prohibitions imposed hereunder in whatsoever manner.
Users acknowledge that the Company does not pre-screen or pre-approve certain content posted on the Channels or any content sent through the Channels. In any event, the Company takes no responsibility whatsoever for the content on the Channels or any content sent through the Channels, or for any content lost and does not make any representations or warranties regarding the content or accuracy of any material on the Channels.
Any Materials posted on the Channels by the Users may be viewed by users of other web sites linked to the Channels and the Company is not responsible for any improper and/or illegal use by any user or third party from linked third party web sites of any Material posted on the Channels. Links to third party web sites provided on the Channels are provided solely as a convenience to the Users and as internet navigation tools, and not in any way as an endorsement by the Company of the contents on such third party web sites. Unless otherwise stated on the Channels, the Company has no control over or rights in such third party web sites and is not responsible for any contents on such third party web sites or any use of services provided by such third party web sites by the Users. All Users acknowledge and agree that they are solely responsible for the form, content and accuracy of any Material, web page or other information contained therein placed by them. The Company is not responsible for the content of any third party web sites linked to the Channels and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party web sites. If any User accesses any linked third party web sites, he/she/it does so entirely at his/her/its own risk.
The Company shall have the right to remove any Materials posted on the Channels at its sole and absolute discretion without any compensation or recourse to the relevant Users if the Company considers at its sole and absolute discretion that such Users have breached any law or the Terms and Conditions or any terms and conditions of any specific Channel(s) or any terms and conditions of any service agreement(s) entered into between the Company and the Posting User(s). In the event that the Company decides to remove any paid advertisements for any reasons not relating to any breach of the law or provisions herein, the Company may, after deducting the fees charged for the period that the advertisement has been posted on the Channels, refund the remaining fees (if any) to the relevant Advertiser, without prejudice to the Company’s rights and remedies hereunder.
The Company may not monitor the Channels at all times but reserves the right to do so. The Company does not warrant that any Material or web page will be viewed by any specific number of Users or that it will be viewed by any specific User. The Company shall not in anyway be considered an agent of any User with respect to any use of the Channels and shall not be responsible in any way for any direct or indirect damage or loss that may arise or result from the use of the Channels, for whatever reason made. WHILST ENDEAVOURING TO PROVIDE QUALITY SERVICE TO ALL USERS, THE COMPANY DOES NOT WARRANT THAT THE CHANNELS WILL OPERATE ERROR-FREE OR THAT THE CHANNELS AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE CHANNELS OR THEIR CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA BY ANY USER, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE CHANNELS AND THEIR CONTENTS ARE PROVIDED ON AN “AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT PREJUDICE TO THE FOREGOING, ANY IN RESPECT OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENTS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS OF THE CHANNELS.
- Own Risk
All USERS SHALL USE THE CHANNELS AND ANY OTHER WEB SITES ACCESSED THROUGH IT, AT ENTIRELY THEIR OWN RISK. ALL Users are responsible for their own communications and are responsible for the consequences of their postings. The Company does not represent or guarantee the truthfulness, accuracy or reliability of any Materials posted by the Users or endorse any opinions expressed by the Users. Any reliance by any Users on advertisements and material posted by other Users will be at their own risk. The Company reserves the right to expel any User and prevent his/her/its further access to the Channels, at any time for breaching this agreement or violating the law and also reserves the right to remove any Material which is abusive, illegal, disruptive or inappropriate at the Company’s sole discretion.
All Users agree to indemnify, and hold harmless the Company, its affiliates, its officers, directors, employees, agents, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or resulting from their use of the Channels or their breach of the terms of this Agreement or any terms and conditions of any specific Channel(s) or any terms and conditions of any service agreement(s) entered into between the Company and the User(s). The Company will provide prompt notice of any such claim, suit or proceedings to the relevant User.
- Limitation of the Service
The Company shall have the right to limit the use of the Services, including the period of time that contents will be posted on the Channels, the size, placement and position of the Materials, email messages or any other contents which are transmitted by the Services. The Company reserves the right, in its sole and absolute discretion, to edit, modify, erase, delete or remove any Materials posted on the Channels, for any reason, without giving any prior notice or reason to the Users. The Users acknowledge that the Company shall not be liable to any party for any modification, suspension or discontinuance of the Services.
- Termination of Service
The Company shall have the right to delete or deactivate any account, or block the email or IP address of any User, or terminate the access of Users to the Services, and remove any Material within the Services immediately without notice for any reason, including but not limited to the reason that the User breached any law or the Terms and Conditions or any terms and conditions of any specific Channel(s) or any terms and conditions of any service agreement(s) entered into between the Company and the User(s). The Company reserves the absolute right at any time to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against any such User. The Company shall have no obligation to deliver any Material posted on the Channels to any User at any time, both before or after cessation of the Services or upon removal of the related Materials from the Channels.
The Company does not have control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings of any Materials posted on the Channels or any content on third party web sites accessed via the Channels, the ability of sellers to sell items, the ability of the purchasers to pay for the items or services, or that an agreement will be reached or a transaction will be completed.
IN ANY EVENT, THE COMPANY, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATORNEYS, PREDECESSORS AND SUCCESSORS SHALL NOT BE LIABLE IN ANY EVENT FOR ANY LOSSES, CLAIMS OR DAMAGES SUFFERED BY ANY USER WHATSOEVER AND HOWSOEVER ARISING OR RESULTING FROM HIS/HER/ITS USE OR INABILITY TO USE THE CHANNELS AND THEIR CONTENTS, INCLUDING NEGLIGENCE AND DISPUTES BETWEEN ANY PARTIES.
- Limitation of Liability
Without prejudice to the above and subject to the applicable laws, the aggregate liability of the Company to any User for all claims arising from their use of the Services and the Channels shall be limited to the amount of HK$1,000.
- Security Measures
The Company will use its reasonable endeavours to ensure that its officers, directors, employees, agents and/or contractors will exercise their prudence and due diligence in handling the personal data submitted by the Users, and the access to and processing of the personal data by such persons is on a “need-to-know” and “need-to-use” basis. The Company will use its reasonable endeavours to protect the personal data against any unauthorized or accidental access, processing or erasure of the personal data.
The provisions of the Terms and Conditions shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event any provision of the Terms and Conditions is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
- Governing Law and Dispute Resolutions
The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Channels shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (hereinafter referred to as “Hong Kong").
Any dispute, controversy or claim arising out of or relating to the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause:
(a) The appointing authority shall be Hong Kong International Arbitration Centre (hereinafter referred to as “HKIAC").
(b) The place of arbitration shall be in Hong Kong at HKIAC.
(c) There shall be only one arbitrator.
(d) The language to be used in the arbitral proceedings shall be English.
In the event of any breach of the Terms and Conditions by any one party, the other party shall be entitled to remedies in law and equity as determined by arbitration.