Terms & Conditions

 

1. THESE TERMS

1.1 These terms of use govern your use and access to our services, including our website(s), our application(s), our application programming interfaces (APIs), our notifications and any information or content appearing therein (collectively our “Platform”).

1.2 By using our Platform, you agree to these terms regardless of whether you are a paying user or a non-paying visitor. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.

1.3 You should also read our Privacy Policy which sets out how we collect and use your personal information.

 

2. ABOUT US AND HOW TO CONTACT US

2.1 We are HH Software Limited , a company registered in Hong Kong, trading as Happy Hour Hong Kong. Our Company Registration Number is 2982759 and our registered office is at 21/F CMA Building, 64 Connaught Road, Central, Hong Kong.

2.2 For any questions or problems relating to our Platform, our products or services, or these terms, you can contact us by telephoning our customer service team at 64361788 or emailing us at info@happyhourhong.com or writing to us at 21/F, CMA Building, 64 Connaught Road, Central, Hong Kong.

2.3 Please refer to our Privacy Policy which is available at www.happyhourhongkong.com/privacy for information about what personal data we collect and what we do with it. It is important that you read our privacy policy, which maybe updated from time to time, and understand how we use your information and the rights that you have about your information.

2.4 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.

When we use the words "writing" or "written" in these terms, this includes emails.

 

3.    CHANGES OF TERMS

We may amend these terms from time to time by posting the updated terms on our Platform. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the revised policy.

 

4.    AVAILABILITY OF OUR SERVICES

We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we will give you advance notice where reasonably possible.

We may release products, services, functionalities or features that we are still testing and evaluating. We will label such services as “beta”, “preview”, “early access” or “trial”or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.

We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any services we provide.

We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.

You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.

 

5.    YOUR ACCOUNT AND PASSWORD

In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.

You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.

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 are in breach of these terms.

You agree to follow our Acceptable Use Policy, which is set out at the end of these terms.

You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.

 

6. USE OF THE PLATFORM

6.1 You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.

6.2 Subject to your payment of applicable fees, we give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable licence to access and use our Platform, including any software or application as part of the services we offer. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.

6.3 This licence to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.

6.4 You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.

 

7. YOUR RIGHTS

7.1 You retain your rights to any information or content you submit, post or display on or through the Platform (“Your Content”). By submitting, posting or displaying such content, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sub-license) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content in any and all media or through any distribution channels(now known or later developed), subject to the applicable provisions in our Privacy Policy.

7.2 You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.

7.3 You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.

If you believe your intellectual property rights have been infringed, please contact us by Email us at info@happyhourhongkong.com or call us on 64361788.

 

8.    OUR RIGHTS

All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.

We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Platform.

Our name “Happy Hour Hong Kong” and our marks and logos are our trademarks (be it registered or unregistered) and may not be used without our express prior written consent. 

 

9.    INTEGRATIONS

We integrate with third-party software to provide a full suite of functionalities to our users. We are not responsible for any issues or loss arising from the use of any third-party software. Your access and use of the third-party software is governed by the terms of service or user agreements of that software.

 

10. FEEDBACK

10.1 We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.

10.2 You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.

 

11. LIMITATION ON LIABILITIES

11.1 Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.

11.2 To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:

(a) we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;

(b) we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;

(c) we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;

(d) we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);

(e) we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and

(f) we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).

11.3 To the fullest extent permitted by law, Our Entities are not liable to you or others for:

(a) any indirect, incidental, special, exemplary, consequential or punitive damages; or

(b) any loss of data, business, opportunities, reputation, profits or revenues,

(c) relating to the use of our Platform or any products or services we offer.

11.4 We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.

11.5 If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.

11.6 Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.

 

12. YOUR REPRESENTATION

12.1 Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.

12.2 If you are using the Platform on behalf of an entity, by using the Platform you represent that you have the necessary rights and authority to agree to these terms (and our Privacy Policy, Acceptable Use Policy and other documents referred to herein) on behalf of that entity.

 

13. INDEMNITY

You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.

You also agree to fully cooperate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.

 

TERMINATION

These terms will continue to apply until terminated by either you or us as follows.

You may stop using the Platform any time by deactivating your account.

We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:

(a) you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);

(b) you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;

(c) we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or

(d) our provision of the Platform to you is no longer possible or commercially viable.

In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.

© 2021 by Happy Hour Hong Kong