1. Terms of use
Please read the terms of use (the “Terms of Use”)
set forth below, as they apply to your access and use of our services,
including our websites, mobile applications, APIs, email notifications,
buttons and widgets (the “Services”), and any message, information,
data, text, music, sound, graphics, photos, videos, code or other
materials uploaded, downloaded or appearing on the Services
(collectively referred to as the “Content”). Your access to and use of
the Services signifies your acceptance of these Terms of Use and
agreement to be bound by them and any and all other applicable terms
referenced herein absolutely.
2. Other applicable terms
2.1 These Terms of Use refer to the additional terms in our Privacy Policy, which also apply to your use of our Services.
2.2 Our Privacy Policy
sets out the terms on which we process any personal data we collect
from you, or that you provide to us. By using our Services, you consent
to such processing and you warrant that all data provided by you is
true, accurate and up-to-date. You understand that through your use of
the Services you consent to the collection and use (as set forth in the Privacy Policy)
of this information, including the transfer of this information both
within and outside of Hong Kong for storage, processing and use by us.
As part of providing you the Services, we may need to provide you with
certain communications, such as service announcements and administrative
messages. These communications are considered part of the Services and
your UWAI account, which you may not be able to opt-out from receiving.
3. Information about us
The Services are owned and operated by UWAI Limited (“UWAI”), a Hong Kong company.
4. Changes of terms
We may amend the Terms of Use from time-to-time
at our sole discretion without notice or liability to you. By continuing
to use the Services following such amendments to the Terms of Use, you
agree to be bound by such amendments. We will provide the date that
updates were last made to the Terms of Use at the bottom of this page,
and any revisions will take effect upon posting.
5. Changes to our services
5.1 The Services that we provide continuously
evolve, therefore the form and nature of the Services that we provide
may change from time to time without prior notice to you. In addition,
we may stop (permanently or temporarily) providing the Services (or any
features within the Services) to you or to users generally and not be
able to provide you with prior notice. We also retain the right to
create limits on use and storage at our sole discretion at any time and
without prior notice to you.
5.2 We make no representations, warranties or
guarantees, whether expressed or implied, that our Services or any
content on our site is accurate, complete or up-to-date.
6. Accessing our services
6.1 We do not guarantee that our Services, or any
content, will always be available or be uninterrupted. Access to our
Services is permitted on a temporary basis. We may suspend, withdraw,
discontinue or change all or any part of our Services without notice. We
will not be liable to you if for any reason our Services are
unavailable at any time or for any period.
6.2 You are responsible for making all arrangements necessary for you to have access to our Services.
6.3 You are also responsible for ensuring that
all persons who access our Services through your internet connection are
aware of these Terms of Use and other applicable terms and conditions,
and that they comply with them.
7. Your account and password
7.1 You are responsible for safeguarding the
password that you use to access the Services and for any activities or
actions under your password. We encourage you to use “strong” passwords
(passwords that use a combination of upper and lower case letters,
numbers and symbols) with your account. You must treat such information
as confidential. You must not disclose it to any third party. UWAI
cannot and will not be liable for any loss or damage arising from your
failure to comply with the above.
7.2 We have the right to disable any password,
whether chosen by you or allocated by us, at any time, if in our
reasonable opinion you have failed to comply with any of the provisions
of these Terms of Use.
7.3 If you know or suspect that anyone other than you knows your password, you must promptly notify us at tou@uwai.com.
8. Your licence to use the services
8.1 As a condition of your use of the Services,
you warrant that all Content supplied by you on our site is true,
accurate, current and complete. You will be liable to us and indemnify
us for any breach of this warranty and you will be responsible for any
loss or damage we suffer as a result of your breach of warranty. We will
not be responsible, or liable to any third party, for the truth,
accuracy, currency or completeness of any content posted by you or any
other user of our site. Any use of the Services in violation of the
foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the Services.
9. Your rights
9.1 You retain your rights to any Content you
submit, post or display on or through the Services. By submitting,
posting or displaying Content on or through the Services, you grant us a
perpetual, worldwide, non-exclusive, royalty-free licence (with the
right to sublicense) to use, copy, reproduce, process, translate, adapt,
modify, publish, transmit, display, distribute and create derivative
works from such Content in any and all media or distribution methods
(now known or later developed).
9.2 You agree that this licence includes the
right for us to provide, promote, and improve the Services and to make
Content submitted to or through the Services available to other
companies, organisations or individuals who partner with UWAI for the
syndication, broadcast, distribution or publication of such Content on
other media and services, subject to our terms and conditions for such
Content use.
9.3 You grant UWAI the right to pursue at law any
person or entity that violates your or UWAI’s rights in the Content by a
breach of these Terms of Use. This does not, however, place an
obligation on UWAI to pursue at law any person or entity that violates
your or UWAI’s rights in the Content by a breach of these Terms.
9.4 Such additional uses by UWAI or other
companies, organisations or individuals who partner with UWAI may be
made with no compensation paid to you with respect to the Content that
you submit, post, transmit or otherwise make available through the
Services.
9.5 We may modify or adapt your Content in order
to transmit, display or distribute it over computer networks and in
various media and/or make changes to your Content as are necessary to
conform and adapt that Content to any requirements or limitations of any
networks, devices, services or media.
9.6 You are responsible for your use of the
Services, for any Content you provide, and for any consequences thereof,
including the use of your Content by other users and our third-party
partners. You understand that your Content may be syndicated, broadcast,
distributed, or published by our partners and if you do not have the
right to submit Content for such use, it may subject you to liability.
UWAI will not be responsible or liable for any use of your Content by
UWAI in accordance with these Terms. You represent and warrant that you
have all the rights, power and authority necessary to grant the rights
granted herein to any Content that you submit.
9.7 If it is determined that you retain moral
rights (including rights of attribution or integrity) in any Content,
you hereby declare that:
(a) You unconditionally and irrevocably
consent to all or any acts or omissions by UWAI or its licensees,
successors and assigns in relation to the Content, which have already
occurred or may occur in the future, which may infringe any and all
moral rights in any of the Content;
(b) You do not require that any
personally identifying information be used in connection with the
Content, or any derivative works of or upgrades or updates thereto;
(c) You have no objection to the
publication, use, modification, deletion and exploitation of the Content
by UWAI or its licensees, successors and assigns;
(d) To the maximum extent permitted by
law, you forever waive and agree not to claim or assert any entitlement
to any and all moral rights of an author in any of the Content; and
(e) You forever release UWAI, and its
licensees, successors and assigns, from any claims that you could
otherwise assert against UWAI by virtue of any such moral rights.
10. Our intellectual property rights
10.1 All intellectual property rights subsisting
in respect of the Services belong to UWAI or have been lawfully licensed
to UWAI for use in connection with the Services. All rights under
applicable laws are hereby reserved. You are not allowed to upload,
post, publish, reproduce, transmit, translate or distribute in any way
any component of the website itself or create derivative works with
respect thereto, as the website is copyrighted under applicable laws.
10.2 All intellectual property rights subsisting
in respect of the translation of or the creation of derivative works
from the Content or any part thereof belong to UWAI. All rights under
applicable laws are hereby reserved.
10.3 Upon seeking and or maintaining any claims,
liabilities, damages, losses, debts, and obligations against UWAI, its
affiliates and subsidiaries, or their officers, directors, employees and
agents, you expressly agree to immediately disclose any documents and
communications made in relation to the claims, liabilities, damages,
losses, debts, and obligations sought.
10.4 You agree that we are free to use, disclose,
adopt and modify all and any ideas, concepts, knowhow, proposals,
suggestions, comments and other communications and information provided
by you to us (the “Feedback”) in connection with the Services and/or
your use of the Services without any payment to you. You hereby waive
and agree to waive all and any rights and claims for any consideration,
fees, royalties, charges and/or other payments in relation to our use,
disclosure, adoption and/or modification of any or all of your Feedback.
11. Limited liability and warranty
Please read this section carefully since it
limits the liability of UWAI and its parents, subsidiaries, affiliates,
related companies, officers, directors, employees, agents,
representatives, partners, and licensors (collectively, the “Entities of
UWAI”). Each of the subsections below only applies up to the maximum
extent permitted under law. Nothing in this section is intended to limit
any rights you may have which may not be lawfully limited. All
Information is for your general reference only. We do not accept any
responsibility whatsoever in respect of such information.
11.1 YOUR ACCESS TO AND USE OF OUR SERVICES IS AT
YOUR SOLE RISK AND IS PROVIDED “AS IS”, “AS AVAILABLE”. THE SERVICES
ARE FOR YOUR PERSONAL USE ONLY AND THE ENTITIES OF UWAI MAKE NO
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.
11.2 THE ENTIRE LIABILITY OF THE ENTITIES OF UWAI
AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES OR OTHERWISE, IS
RE-PERFORMANCE OF DEFECTIVE SERVICES. OUR LIABILITY WILL BE LIMITED TO
THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR
GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR
SERVICES. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN
YOU AND ANY THIRD PARTY.
11.3 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ENTITIES OF UWAI EXCEED ONE THOUSAND HONG KONG DOLLARS (HKD 1,000).
11.4 The Entities of UWAI shall not guarantee or assume any responsibility that:
(a) the information presented in our
Services is accurate, adequate, current or reliable, or may be used for
any purpose other than for general reference;
(b) the information presented in our
Services is free of defect, error, omission, virus or anything which may
change, erase, add to or damage your software, data or equipment;
(c) messages sent through the internet
including in connection with the services will be free from
interception, corruption, error, delay or loss;
(d) access to the Services will be available or be uninterrupted;
(e) use of the Services will achieve any particular result; or
(f) defects in the Services will be corrected.
11.5 Without limiting the generality of the
foregoing, in no event will the Entities of UWAI be liable to you or
any other person for any direct, indirect, incidental, special, punitive
or consequential loss or damages, including any loss of business or
profit, arising out of any use, or inability to use, the information or
the services, even if any of the Entities of UWAI has been advised of
the possibility of such loss or damages.
11.6 You will exercise and rely solely on your
own skill and judgment in your use and interpretation of the information
and use of the services. You are responsible to ensure that your use of
the information and the Services complies with all applicable legal
requirements.
11.7 Without prejudice to the foregoing, if your
use of the Services does not proceed satisfactorily and/or where
applicable you do not receive appropriate responses to such use from us,
as set out in these Terms of Use or otherwise, you are advised to
contact us at tou@uwai.com. No such lack of response shall be deemed to constitute any acquiescence or waiver.
11.8 The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.
12. Content on the services
12.1 All Content, whether publicly posted or
privately transmitted, is the sole responsibility of the person who
originated such Content.
12.2 You must own all of the Content you upload to our site.
12.3 You warrant that any such contribution does
comply with the these Terms, and you will be liable to us and indemnify
us for any breach of that warranty and you will be responsible for any
loss or damage we suffer as a result of your breach of warranty.
12.4 Any content you upload to our site will be
considered non-confidential and non-proprietary, and we have the right
to use, reproduce, copy, modify, adapt, translate, publish, create
derivative works from, distribute, and disclose to third parties any
such content for any purpose. We also have the right to disclose your
identity to any third party who is claiming that any content posted or
uploaded by you to our site constitutes a violation of their
intellectual property rights, or of their right to privacy. We will not
be responsible, or liable to any third party, for the content or
accuracy of any content posted by you or any other user of our site.
12.5 You expressly agree not to post, upload to,
submit, transmit, distribute, store, create or otherwise publish through
the Services any of the following:
(a) Any Content that is false, unlawful,
misleading, libelous, defamatory, obscene, pornographic, indecent,
lewd, suggestive, harassing, or advocates harassment of another person,
threatening, invasive of privacy or publicity rights, abusive,
inflammatory, fraudulent or otherwise objectionable;
(b) Content that is patently offensive
to the online community, such as content that promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual;
(c) Content that would constitute,
encourage, promote or provide instructions for a conduct of an illegal
activity, criminal offense, give rise to civil liability, violate the
rights of any party in any country of the world, or that would otherwise
create liability or violate any local, state, national or international
law, including, without limitation, the regulations or rules of any of
securities exchange;
(d) Content that provides instructional
information about illegal activities such as making or buying illegal
weapons, violating someone’s privacy, or providing or creating computer
viruses;
(e) Content that may infringe any
patent, trademark, trade secret, copyright or other intellectual or
proprietary right of any party. In particular, content that promotes an
illegal or unauthorized copy of another person’s copyrighted work, such
as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
(f) Content that impersonates any person
or entity or otherwise misrepresents your affiliation with a person or
entity, including UWAI or its affiliates;
(g) Unsolicited promotions, mass
mailings or “spamming”, transmission of “junk mail”, “chain letters”,
political campaigning, advertising, contests, raffles, or solicitations;
(h) Content containing commercial
activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, and pyramid schemes;
(i) Private information of any third
party, including, without limitation, surname (family name), addresses,
phone numbers, email addresses, social security numbers and credit card
numbers;
(j) Contains restricted or password only
access pages, or hidden pages or images (those not linked to or from
another accessible page);
(k) Viruses, corrupted data or other harmful, disruptive or destructive files;
(l) Content that is unrelated to the field in which such Content is submitted; or
(m) Content or links to content that, in
the sole judgment of UWAI, (a) violates the previous subsections
herein, (b) is objectionable, (c) which restricts or inhibits any other
person from using or enjoying the Services, or (d) which may expose UWAI
or its affiliates or its users to any harm or liability of any type.
Any use of the Services in violation of the
foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the Services.
12.6 The views expressed by other users on our
Website do not represent our views or values. We do maintain the right
to remove any posting you make on our site if, in our opinion, your post
does not comply with our content standards. We do not endorse, support,
represent or guarantee the completeness, truthfulness, accuracy, or
reliability of any Content or communications posted via the Services or
endorse any opinions expressed via the Services. You understand that by
using the Services, you may be exposed to Content that might be
offensive, harmful, inaccurate or otherwise inappropriate, or in some
cases, postings that have been mislabelled or are otherwise deceptive.
12.7 Under no circumstances will we be liable in
any way for any Content, including, but not limited to, any errors or
omissions in any Content, or any loss or damage of any kind, incurred
directly or indirectly as a result of the use of the Services by any
third party, including without limitation any defamatory, offensive, or
illegal conduct of the third party, or the use of any Content posted,
emailed, transmitted, or otherwise made available via the Services or
broadcast elsewhere.
12.8 We may not monitor or control the Content
posted via the Services and, we cannot take responsibility for such
Content. Any use or reliance on any Content or materials posted via the
Services or obtained by you through the Services is at your own risk.
12.9 We cannot guarantee that your Content will
appear in any specific order in search results on our site. Search order
may fluctuate based on a variety of factors, including, but not limited
to, search parameters and filters, subscription level purchased,
listing quality, user preferences, user response time, compliance with
any Content standards, and other factors that we may deem important to
the user experience from time to time. Content appearance or order in
any particular search result may also vary depending on the search
criteria used by the particular user. We reserve the right to apply
various search algorithms or to use methods to optimise results for
particular user experiences and the overall marketplace. To optimise the
search experience for both users, UWAI retains the right to run
occasional tests that will be limited in duration but may alter how we
display Content and search results.
12.10 All Content submitted by members are
subject to review and approval by us in our sole discretion. We reserve
the right to refuse to publish any content that we determine in our
sole discretion does not meet these Terms or is otherwise unacceptable
to us. However, we assume no duty to review Content and we shall not
have any liability for any loss or damage resulting from the design or
positioning of any Content. All Content must meet these Terms. You are
responsible for reviewing and ensuring that any Content displayed on our
site appears as you intended.
12.11 Photographs should depict the location as
the main subject of the photograph and may not include children or
adults if you do not have their legal consent or any information or
images that would violate the privacy rights, intellectual property
rights (including but not limited to copyright rights) or any other
rights of a third party. We reserve the right to not display, or to
remove any photographs that we determine, in our sole discretion, do not
meet these Terms or are otherwise unacceptable to us.
12.12 For customers of the Australian Tourism
Data Warehouse, we may, for your convenience, send any updates to your
business information back to the Australia Data Warehouse to keep your
business information up-to-date for you. If you would not like us to do
this, please let us know via help@uwai.com.
13. Content copyright policy
13.1 UWAI respects the intellectual property
rights of others and expects users of the Services to do the same. We
will respond to notices of alleged copyright infringement that comply
with applicable law and are properly provided to us. If you believe that
your Content has been copied in a way that constitutes copyright
infringement, please provide us with the following information: (i) a
physical signature of the copyright owner or a person authorised to act
on their behalf; (ii) identification of the copyrighted work claimed to
have been infringed; (iii) identification of the material that is
claimed to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material;
(iv) your contact information, including your address, telephone number,
and an email address; (v) a statement by you that you have a good faith
belief that use of the material in the manner complained of is not
authorised by the copyright owner, its agent, or the law; and (vi) a
statement that the information in the notification is accurate, and that
you are authorised to act on behalf of the copyright owner.
13.2 We reserve the right to remove Content
alleged to be infringing without prior notice, at our sole discretion,
and without liability to you. In appropriate circumstances, we will also
terminate a user’s account if the user is determined to be a repeat
infringer. Our address for notice of alleged copyright infringement
appearing on the Services is legal@uwai.com.
14. Use of the services
14.1 We reserve the right at all times (but will
not have an obligation) to remove or refuse to distribute any Content on
the Services, to suspend or terminate users, and to reclaim usernames
without liability to you. We also reserve the right to access, read,
preserve, and disclose any information as we reasonably believe is
necessary to (i) satisfy any applicable law, regulation, legal process
or governmental request, (ii) enforce the Terms of Use, including
investigation of potential violations hereof, (iii) detect, prevent, or
otherwise address fraud, security or technical issues, (iv) respond to
user support requests, or (v) protect the rights, property or safety of
UWAI its users and the public.
14.2 We do not guarantee that our Services will
be secure or free from bugs or viruses. You are responsible for
configuring your information technology, computer programmes and
platform in order to access our site. You should use your own virus
protection software.
14.3 You may not do any of the following while
accessing or using the Services: (i) access, tamper with, or use
non-public areas of the Services, UWAI’s computer systems, or the
technical delivery systems of UWAI’s providers; (ii) probe, scan, or
test the vulnerability of any system or network or breach or circumvent
any security or authentication measures; (iii) access or search or
attempt to access or search the Services by any means (automated or
otherwise) other than through our currently available, published
interfaces that are provided by us (and only pursuant to those terms and
conditions), (scraping the Services without our prior consent is
expressly prohibited); (iv) forge any TCP/IP packet header or any part
of the header information in any email or posting, or in any way use the
Services to send altered, deceptive or false source-identifying
information; or (v) interfere with, or disrupt, (or attempt to do so),
the access of any user, host or network, including, without limitation,
sending a virus, trojan, worm, logic bomb or other material which is
malicious or technologically harmful, overloading, flooding, spamming,
mail-bombing the Services, or by scripting the creation of Content in
such a manner as to interfere with or create an undue burden on the
Services.
14.4 We will report any such breach to the
relevant law enforcement authorities and we will co-operate with those
authorities by disclosing your identity to them. In the event of such a
breach, your right to use our Services will cease immediately.
15. Linking to us
You may link to our Services provided you do so
in a way that is fair and legal and does not damage our reputation or
take advantage of it. You must not establish a link in such a way as to
suggest any form of association, approval or endorsement on our part
where none exists. You must not establish a link to our Services in any
website that is not owned by you. We reserve the right to withdraw
linking permission without notice.
16. Third-party links and resources in our site
16.1 The links from the Services may take you to
other sites or services and you acknowledge and agree that UWAI has no
responsibility for the accuracy or availability of any Information
provided by third parties services and websites.
16.2 The Services may include advertisements,
which may be targeted to the Content or information on the Services,
queries made through the Services, or other information. The types and
extent of advertising by UWAI on the Services are subject to change. In
consideration for us granting you access to and use of the Services, you
agree that UWAI and its third-party providers and partners may place
such advertising on the Services or in connection with the display of
Content or information from the Services whether submitted by you or
others.
16.3 Links to other websites and services do not
constitute an endorsement by us of such websites or services, or the
Information, products, advertising or other materials available made
available by such third parties.
17. Indemnity
You agree to defend, indemnify and hold us
harmless from and against all liabilities, damages, claims, actions,
costs and expenses (including without limitation legal fees), in
connection with or arising from your breach of any of these Terms of Use
and/or your use of the website. We may, if necessary, participate in
the defence of any claim or action and any negotiations for settlement.
No settlement which may adversely affect our rights or obligations shall
be made without our prior written approval. We reserve the right, at
our own expense and on notice to you, to assume exclusive defence and
control of any claim or action.
18. Severance
The illegality, invalidity or unenforceability of
any provision of these Terms of Use under law shall not affect the
legality, validity or enforceability of any other provision.
19. Several users
If there are two or more persons adhering to
these Terms of Use as a user, their liability under the Terms of Use is
joint and several, and their rights are joint.
20. Waiver
No failure or delay by a party to exercise any
right or remedy provided under this agreement or by law shall constitute
a waiver of that or any other right or remedy, nor shall it prevent or
restrict the further exercise of that or any other right or remedy. No
single or partial exercise of such right or remedy shall prevent or
restrict the further exercise of that or any other right or remedy.
21. Termination
21.1 The Terms of Use will continue to apply until terminated by either you or us as follows.
21.2 You may end your agreement with us at any
time for any reason by deactivating your accounts and discontinuing your
use of the Services. You do not need to specifically inform us when you
stop using the Services.
21.3 We may suspend or terminate your accounts or
cease providing you with all or part of the Services at any time for
any reason, including, but not limited to, if we reasonably believe: (i)
you have violated these Terms of Use or (ii) you create risk or
possible legal exposure for us; or (iii) our provision of the Services
to you is no longer commercially viable. We will make reasonable efforts
to notify you by the email address associated with your account or the
next time you attempt to access your account.
21.4 In all such cases, any provision of these
Terms of Use that expressly or by implication is intended to come into
or continue in force on or after termination of this agreement shall
remain in full force and effect.
21.5 Nothing in this section shall affect our
rights to change, limit or stop the provision of the Services without
prior notice, as provided above in Clause 5 Changes to our services.
22. Governing law and jurisdiction
These Terms of Use shall be governed by the laws of the Hong Kong Special Administrative Region, the People’s Republic of China. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.
Last updated: 1 June, 2017
