uHobbee Terms of Use and Disclaimer
Effective Date and Time: Effective immediately upon confirmation by you and your/her associates on the kickbox when registering an account on the uHobbee website of the following:
"I have read and fully understand all the contents of the uHobbee Terms of Use, Disclaimer, and Privacy Policy of this website, and fully agree to and accept all the terms and conditions governing and binding upon me."
Parties:
[Name/Company Name/Organization Name] [Contact Number]
[(Information provided when you registered your account on the uHobbee website)]
(Hereinafter referred to as "you and/or your associates" and/or "Service User")
(Please refer to the definitions below);
HAO LUN LIMITED
(Hereinafter referred to as "uHobbee" and/or "this website" and/or "this service")Both parties fully understand and fully agree to, accept and comply with all the following terms and conditions, and all subsequent additions and amendments to the terms and conditions that may only be issued by uHobbee:
(a) uHobbee was established primarily to provide course and/or activity and/or service matching services, offering a convenient channel and assistance to both service providers and users, including student members, coaches, mentor members, and corporate members. It provides online student-coach sports and mentor courses, as well as services/activity providers and users matching services (including some administrative support services during the matching process) (hereinafter referred to as "the Company" and/or "uHobbee" and/or "this Website" and/or "this Service").
(b) In the uHobbee Terms of Use and Disclaimer, and uHobbee Privacy Policy, and in all documents entered into and/or signed with uHobbee and its affiliates, "You and/or your affiliates" and "Service User," including but not limited to all words having the same and similar meanings, refer to, in any case, including but not limited to, the following:
(1) "You" as referred to in the uHobbee Terms of Use and Disclaimer;
(2) You yourself, including but not limited to coaches, mentor service providers, students, and/or users;
(3) You and your associates;
(4) Your authorized representatives;
(5) Your authorized agents;
(6) Your company and/or organization;
(7) Employees of your company and/or organization;
(8) Your company and/or organization's associates;
(9) Your authorized representatives; and
(10) Your authorized agents.
(c) The content and/or information in these uHobbee Terms of Use and Disclaimers refers to, but is not limited to, content and/or information uploaded, posted, published, forwarded, emailed, or transmitted by "you and/or your associates" and/or "service users" while using the Service, as well as personal data.
(d) The information used in these uHobbee Terms of Use and Disclaimers refers to, but is not limited to, structured and unstructured data: highly organized data includes, for example, Excel spreadsheets, numerical values in relational databases, and dates; unstructured data refers to data without a predefined format (e.g., photographs, audio, plain text files).
(e) The content used in these uHobbee Terms of Use and Disclaimers refers to, but is not limited to, information or media that has been compiled, arranged, and contextualized to convey information to an audience, and whose content is purposeful, narrative, or expressive, such as text content (blog posts, press releases, reports), multimedia content (images, short videos, podcast audio), and interactive content (online courses, web applications (Apps)).
(f) In these uHobbee Terms of Use and Disclaimer, "personal data" refers to any content and/or information that is "directly or indirectly related to a living person, and that allows practicable access to and processing of that person (e.g., documents or videos) by directly or indirectly identifying that person and in a form that allows practicable access to and processing of that information." For the legal definition of personal data, please refer to the interpretation of section 2 of the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong).
(a) uHobbee was established primarily to provide course and/or activity and/or service matching, offering a convenient channel for both service providers and users;
(b) uHobbee will assist both parties, including student members, coaches, mentor members, and corporate members, in providing...
(c) Provides online student-coach matching services for sports, instructor courses, and service/activity providers and users (including some administrative support services during the matching process);
(d) Please note that uHobbee does not participate in or provide any services related to the payment or collection of course and/or activity and/or service fees in any way; and
(e) Please note that uHobbee does not store or back up any registration and class-related data for courses, activities, or services. Please store and back up such data yourself. Once you perform the "delete" or "permanently delete" function on the file or account, such registration and class-related data will not be able to be recovered by the system or general tools. The company is not liable for any losses arising therefrom.
(a) If you are acting as a coach, instructor, or service provider, you must fully understand and agree to the following:
(1) Ensure that the course and/or activity and/or service content you publish is completely accurate and does not contain any misleading or false statements;
(2) All payment/receipt arrangements and methods must be negotiated, handled, and resolved by you and the students themselves. Please note that uHobbee does not participate in payment of fees and/or collect and does not provide related services;
(3) You fully agree that Uhobbee may provide your contact information to users and/or students;
(4) In all content and materials posted by you concerning minors and children, you are only permitted to address and identify the minor or child by their surname and/or appropriate nickname and/or English name, and are not permitted to address and identify them by their full Chinese name and full English name (please refer to paragraph 10 of this uHobbee Terms of Use and Disclaimer for details);
(5) All user/student contact information provided by Uhobbee shall not be disclosed to any third party and shall not be used for purposes other than registration and class attendance;
(6) You are prohibited from posting any payment/receipt content and methods, including but not limited to bank account information and Payment QR codes, in the services provided by uHobbee. Upon discovery, Uhobbee will immediately remove and/or delist the course and/or activity and/or service, and block the account of the coach, instructor, or service provider. Uhobbee has the final say in this action and will not be liable for any losses arising therefrom; and
(7) Please note that uHobbee does not save or back up any registration and class-related information for courses and/or activities and/or services. Please save and back up such information yourself. Once you perform the "delete" or "permanently delete" function on the file or account, such registrations will be deleted. And class-related materials will not be recoverable by the system or general tools. Our company will not be liable for any losses arising therefrom.
(a) If you are a student and/or user, you must fully understand and agree to the following:
(1) Confirm that such registration is made in good faith and that you have provided correct information;
(2) Do not make any payments before verifying the identity of your coach/mentor or service provider and the payment/receipt method;
(3) You are responsible for proactively and independently verifying the identity of your coach/mentor or service provider and negotiating, handling, and verifying the accuracy of their payment/receipt details. You and your coach/mentor or service provider must also negotiate, handle, and resolve their payment/receipt methods yourselves. Please note that uHobbee does not participate in payment of fees and/or receive or provide related services;
(4) You fully agree that Uhobbee may forward your registration information to coaches, instructors, or service providers;
(5) All user and/or student contact information provided by Uhobbee shall not be disclosed to any third party and shall not be used for purposes other than registration and class attendance; and
(6) Please note that uHobbee will not save or back up any registration and class attendance related information for courses and/or activities and/or services. Please save and back up such information yourself. Once you perform the "delete" or "permanently delete" function on the file or account, such registration and class attendance related information will not be able to be recovered by the system or general tools. The company shall not be liable for any loss arising therefrom.
(a) Welcome to uHobbee's services. The following are the uHobbee Terms of Service (hereinafter referred to as the "Terms" or "Service Terms"). We provide this service to you in accordance with these Terms. By using this website and/or any of uHobbee's services, you will be deemed to have fully understood, fully agreed to, and fully accepted all Terms of Use and disclaimers of this Service without any preconditions or assumptions, and to be bound by all current Terms of Service and all subsequent additions and amendments;
(b) If you do not accept any of the Terms of Service, you and your associates must immediately cease and avoid using this website and/or any of uHobbee's services thereafter;
(c) uHobbee will assist both parties, including student members, coaches, mentor members, and corporate members, in providing online student-coach sports, mentor courses, and matching services/event providers and users (including some administrative support services during the matching process);
(d) This service is provided by HAO LUN LIMITED under the name uHobbee;
(e) You and your associates fully understand and agree that this service may include advertisements, which are necessary for uHobbee to provide this service. You and your associates also fully understand and agree that this service may include communications from uHobbee, such as service announcements and administrative information, which are part of the uHobbee service and you and your associates cannot opt out of receiving them;
(f) Unless otherwise expressly stated, any new features added to or enhanced by this service (including new products launched) are governed by these Terms of Service and all subsequent additions and amendments. You fully understand and agree that this service and/or this website are provided "as is," and uHobbee is not responsible for the timeliness, deletion, transmission errors, or failure to store any user communications or personalization settings. uHobbee reserves the right to suspend all or part of the service for repair, maintenance, updates, or other work that uHobbee deems appropriate without prior notice. You and your associates are solely responsible for any third-party costs incurred (such as internet service provider or billing fees, if any), including costs related to advertising display or transmission.
(g) By using this website and/or any of uHobbee's services, you will be deemed to have fully understood, fully agreed to, and fully accepted, and agree to continue to comply with all terms of the uHobbee service without any preconditions or assumptions, including all and any terms that uHobbee may amend from time to time, and you will also be deemed to have fully understood, fully agreed to, and fully accepted any proposed and/or any modifications to the terms of this website and/or uHobbee without prior notice. You can view the full text of the terms at any time at the following website:
www.uhobbee.com
(h) Any revised Terms of Service proposed by uHobbee will become effective immediately upon public posting and supersede the old terms. When you use any uHobbee service, both of us are required to comply with the guidelines and rules publicly posted (and reposted from time to time) for that specific service. These guidelines and rules constitute part of your use of these Terms of Service;
(i) Your relationship with uHobbee and its affiliates is that under no circumstances are you or your affiliates separate entities, and uHobbee and its affiliates are not your agents, partners, or joint ventures. Under no circumstances are uHobbee and its affiliates your agents, legal representatives, or partners, and under no circumstances shall they be liable for any, part or all, of your actions and/or all of your operations.
Liability (including, but not limited to, any and all vicarious liability under Hong Kong law and common law);
(j) By using this website and/or any of uHobbee's services, you and/or your associates will be deemed to have fully understood, fully agreed to and fully accepted all of the following terms without any preconditions or assumptions:
(1) uHobbee and its associates will not act on your behalf or that of your associates in any event;
(2) You and your associates fully understand and agree that, while browsing and/or reading the website and/or application (App) of this Service, any and all content uploaded, posted, emailed or transmitted through this Service, and all courses and/or activities and/or services or service content displayed on this Service, including but not limited to their course and/or activity and/or service or service content descriptions, details, fees, etc., are not made or provided by uHobbee and its associates, nor are they any representations and/or misrepresentations made by uHobbee and its associates under the common law and Misrepresentation Ordinance (Chapter 284 of the Laws of Hong Kong) in any manner described and included therein;
(3) You and your associates fully understand, agree, and comprehend that any and all content uploaded, posted, emailed, or transmitted by you and your associates through this Service will, in all and all circumstances, constitute only a representation made by you and your associates; and
(4) You and your associates fully understand, agree, and comprehend that any and all content uploaded, posted, emailed, or transmitted by you and your associates through this Service will, in all and all circumstances, not constitute any and all representations and/or misrepresentations made by uHobbee and its associates under the common law and the Misrepresentation Ordinance (Chapter 284 of the Laws of Hong Kong) in any and all manner of the law. 6. "You and/or your associates" and "Service Users" undertake to comply with the laws of Hong Kong and applicable laws in Hong Kong, these Terms of Use and Disclaimer, and uHobbee's Privacy Policy.
(a) When you and/or your associates use this website and/or any of uHobbee's services, You and your associates will be deemed to have fully understood, fully agreed to, fully accepted and fully complied with, without any preconditions or assumptions, the following Hong Kong laws and common law applied in Hong Kong:
(1) The National Security Ordinance, including but not limited to the relevant offences and other offences with seditious intent described in Part 4 therein; and
(2) Offences concerning the prohibition of certain acts of intimidation as described in Section 24 of the Crimes Ordinance (Chapter 200 of the Laws of Hong Kong); and
(3) Offences concerning homosexual anal intercourse committed by or with a male under the age of 16 as described in Section 118C of the Crimes Ordinance (Chapter 200 of the Laws of Hong Kong); and
(4) Offences concerning anal intercourse with a female under the age of 21 as described in Section 118D of the Crimes Ordinance (Chapter 200 of the Laws of Hong Kong); and
(5) Offences concerning inducing another person to commit homosexual anal intercourse as described in Section 118G of the Crimes Ordinance (Chapter 200 of the Laws of Hong Kong); and
(6) (7) Offences relating to serious indecent acts committed by or with a male under the age of 16, as set out in Section 118H of the Crimes Ordinance (Chapter 200 of the Laws of Hong Kong); and (8) Offences relating to sexual intercourse with a girl under the age of 13 and with a girl under the age of 16, as set out in Sections 123 and 124 of the Crimes Ordinance (Chapter 200 of the Laws of Hong Kong); and (9) Offences relating to procuring unlawful sexual intercourse with a girl under the age of 21, as set out in Section 132 of the Crimes Ordinance (Chapter 200 of the Laws of Hong Kong); and (10) Offences relating to causing or encouraging a girl or boy under the age of 16 to engage in prostitution; causing or encouraging another person to have sexual intercourse with or indecently assault such a girl or boy, as set out in Section 135 of the Crimes Ordinance (Chapter 200 of the Laws of Hong Kong); and (11) The following are offenses as described in Section 138A of the Crimes Ordinance (Chapter 200 of the Laws of Hong Kong) concerning the use, inducement or provision of persons under the age of 18 to produce pornographic articles or to perform live pornographic acts; and
(12) Offences as described in Section 140 of the Crimes Ordinance (Chapter 200 of the Laws of Hong Kong) concerning the permission for girls or boys under the age of 13 to regularly go to or be present in premises or vessels to have sexual intercourse with others; and
(13) Offences as described in Section 141 of the Crimes Ordinance (Chapter 200 of the Laws of Hong Kong) concerning the permission for youths to regularly go to or be present in premises or vessels to engage in sexual intercourse, prostitution, anal sex or homosexual acts; and
(14) Offences as described in Section 146 of the Crimes Ordinance (Chapter 200 of the Laws of Hong Kong) concerning indecent acts committed against children under the age of 16; and
(15) Offences as described in Section 159AAB of the Crimes Ordinance (Chapter 200 of the Laws of Hong Kong) concerning voyeurism; and
(16) Offences relating to unlawful photographing or observation of private parts as set out in Section 159AAC of the Crimes Ordinance (Chapter 200 of the Laws of Hong Kong); and
(17) Offences relating to extortion as set out in Section 23 of the Theft Ordinance (Chapter 210 of the Laws of Hong Kong); and
(18) Offences relating to child pornography as set out in Section 3 of the Prevention of Child Pornography Ordinance (Chapter 579 of the Laws of Hong Kong) (Note that, according to this Ordinance, "child" refers to any person under the age of 16); and
(19) Offences relating to the disclosure of personal data without consent as set out in Part 9 of the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong); and
(20) Offences relating to the prohibition of the publication of obscene articles as set out in Part 4 of the Control of Obscene and Indecent Articles Ordinance (Chapter 390 of the Laws of Hong Kong); and
(21) All offences relating to dishonesty applicable to and enforceable in Hong Kong; and
(22) Offences of fraud as described in Section 16A of the Theft Ordinance (Chapter 210 of the Laws of Hong Kong); and
(23) Offences of conspiracy as described in Section 159A of the Crimes Ordinance (Chapter 200 of the Laws of Hong Kong); and
(24) All criminal offences of conspiracy to defraud applicable and enforced under the common law of Hong Kong; and
(25) Misconduct of misrepresentation as described in the False Statements Ordinance (Chapter 284 of the Laws of Hong Kong); and
(26) All Hong Kong laws and common law applicable and enforced in Hong Kong concerning civil and criminal defamation; and
(27) All other laws of Hong Kong; and
(28) All common law and equity laws applicable and enforced in Hong Kong; and
(29) All laws, regulations and ordinances of the Basic Law of Hong Kong and the People's Republic of China applicable and enforced in Hong Kong. (b) You and your associates will be deemed to have fully understood, fully agreed to, and fully acknowledged that uHobbee and its affiliates will not be informed in advance of any content you intend to create, write, publish, forward, or post before you use this website and/or any of uHobbee's services;
(c) You and your associates will be deemed to have fully understood, fully agreed to, and fully acknowledged that uHobbee prohibits the creation, writing, publishing, forwarding, and posting of any content, whether express or implied, and that contains political or promotional intent. Uhobbee reserves the right to make the final determination and decision regarding such creation, writing, publishing, forwarding, and posting.
(d) You and your associates will be deemed to have fully understood, fully agreed, and fully acknowledged that if you and your associates have any doubts, including but not limited to, whether creating, writing, publishing, forwarding, and posting content in any uHobbee service may violate any of the foregoing laws and/or any part thereof, you and your associates must seek independent legal advice before taking any such action, and after careful consideration, decide whether to take any such action, and fully understand, fully agree, and fully acknowledge and fully indemnify all and any civil and criminal liability (if any) arising from such actions;
(e) You and your associates will be deemed to have fully understood, fully agreed, and fully acknowledged that, before creating, writing, publishing, forwarding, and posting content on any uHobbee service, you or your associates, if you have any doubts regarding, but not limited to, the possibility of violating any of the foregoing laws and/or any part thereof, you and your associates will be deemed to have consulted independent legal advice before taking any such action, and have fully understood, fully agreed, and fully acknowledged all and any civil and criminal liability (if any) arising from your actions;
(f) You and your associates will be deemed to have fully understood, fully acknowledged, and fully agreed that you and your associates will fully and completely indemnify uHobbee and its related parties for any losses caused by your and your associates' illegal actions;
(g) You and your associates will be deemed to have fully understood, acknowledged, and agreed that, prior to creating, writing, publishing, forwarding, or posting any content, all or any content containing or potentially featuring any other person (one or more), including but not limited to their appearance, attire (including but not limited to swimwear), behavior, actions, and any verbal communication or conversation (including but not limited to any minor, male or female under the age of 16, or any adult male or female), must obtain the prior consent and/or authorization of all such persons.
(h) You and your associates will be deemed to have fully understood and fully agreed that if any other person involved in the content of your or your associates’ proposed creation, writing, publishing, forwarding and posting of such content is any minor, male or female under the age of 16, you and your associates must obtain the consent of their parents, legal guardians and/or guardians in advance.
(i) Please note that under no circumstances will uHobbee or its associates accept, acknowledge, or confirm prior consent from their domestic helpers or/or domestic workers. Uhobbee has the final say and decision-making power in this regard.
(j) uHobbee and its associates, if necessary, may assert their immunity from liability under Section 26 of the National Security Ordinance for offenses and other offences involving seditious acts as described in Part 4 of the Ordinance, pursuant to the following:
"Protection from liability for offences under section 24(1)(c) or (2)(c)
(1) A person charged with an offence under section 24(1)(c) or (2)(c) shall assert their immunity from liability if it is established that they were unaware that the publication was seditious at the time the alleged offence occurred.
(2) A person shall be deemed to have established the matter required for the defense of liability under paragraph (1) if:
(a) there is sufficient evidence to bring the matter to a conclusion; and
(b) the prosecution has not presented evidence to the contrary sufficient to exclude reasonable doubt.
(k) You and your associates will be deemed to have fully understood, fully acknowledged, and fully agreed that if uHobbee and its associates have any suspicion that any content created, written, published, forwarded, or posted by you and your associates violates any part of the aforementioned laws, and or if any content violates any provision of these Terms of Use and Disclaimer and/or uHobbee Privacy Policy (in whole or in part), uHobbee and its associates reserve all rights and shall take the following actions without prior notice to you and your associates:
(1) (1) Remove such and related suspected content from this website and/or all and any services of uHobbee as soon as possible, temporarily and or permanently;
(2) Reserve the right to take actions against your and your related parties' accounts, including but not limited to temporarily blocking and canceling accounts;
(3) Temporarily and or permanently cancel the account without any form of full or partial refund;
(4) Reserve the right to report such suspected content to the relevant law enforcement agencies;
(5) Reserve the right to file a lawsuit against you and your related parties in the relevant courts;
(6) Reserve the right to take actions and measures to the maximum extent possible to protect the safety and interests of uHobbee and its related parties; and
(7) Uhobbee has the final right to determine and decide on such actions and shall not be liable for any losses arising therefrom, nor shall it be required to provide any form of compensation to you and your related parties.
(a) As required on the uHobbee website registration page, please provide the following true, accurate, up-to-date, complete, and unmisleading information about yourself/your team/company:
(1) For students or service users:
(i) Full name in Chinese and English, consistent with your Hong Kong Identity Card and other valid identity documents (if you hold a Hong Kong Identity Card, the full name in Chinese and English on your Hong Kong Identity Card shall prevail);
(ii) Local contact telephone number; and
(iii) Google email address.
(2) If the student member is under 18 years of age, the following information of their parent, guardian, or legal guardian is required:
(i) Full name in Chinese and English, consistent with their Hong Kong Identity Card and other valid identity documents;
(ii) Local contact telephone number;
(iii) Valid email address; and
(iv) Please note that if the parent, guardian, or legal guardian holds a Hong Kong Identity Card, the full name in Chinese and English on their Hong Kong Identity Card shall prevail. (3) Coaches, Mentors/Coach/Mentor Teams/Company Members:
(i) Full name in both Chinese and English, consistent with their Hong Kong Identity Card and other valid identity documents and/or a valid Business Registration Certificate;
(ii) Local contact telephone number;
(iii) Copy of valid Business Registration Certificate;
(iv) Please note that if their company staff and/or coaches/mentors hold Hong Kong Identity Cards, the full name in both Chinese and English on the Hong Kong Identity Card shall prevail; and
(v) Please note that the Business Registration Certificate referred to in uHobbee and this document refers to a valid Business Registration Certificate issued by the Inland Revenue Department of the Hong Kong Special Administrative Region Government as described in Chapter 310 of the Laws of Hong Kong, the Business Registration Ordinance.
(vi) Valid email address. (The above information is hereinafter referred to as "Registration Information");
(b) Continuously maintain and update its "Registration Information" to ensure that it is true, accurate, up-to-date, complete, and free from misleading information;
(c) uHobbee is highly concerned about the privacy and security of all users (especially underage members). If uHobbee believes that you or your associates have provided any incorrect, false, outdated, incomplete, or misleading information, or if uHobbee has reason to suspect that the registration information provided by you or your associates is incorrect, false, outdated, incomplete, or misleading, uHobbee has the right to suspend or terminate your or your associates' accounts without prior notice and without any form of full or partial refund, and reserves the right to refuse you or your associates' current and future use of all or part of this service. uHobbee has the final judgment and decision-making right in this operation (if necessary) and shall not be liable for any loss arising therefrom, nor shall it be required to provide you or your associates with any form of compensation; and
(d) You and your associates understand and agree that your registration information (in whole or in part) will be collected, read, and/or used by relevant parties (including coaches and mentors or service providers, students and/or users, and/or the website administrator) to facilitate the matching of relevant courses and/or activities and/or services.
(a) Upon completion of the registration process for this service, you and your associates will receive a membership number and password via the email address provided during registration. Please note that it is your and your associates' responsibility to safeguard and maintain the confidentiality of this password and account. You and your associates will be fully responsible for all actions taken using this password and account. You and your associates fully agree to the following:
(1) You and your associates will immediately notify uHobbee if your password or account is used without authorization or if any other security issues occur;
(2) After each connection, please log out of your account immediately and terminate your account usage. uHobbee shall not be liable for any loss or damage arising from your or your related parties' failure to comply with this provision; and
(3) Please change your account password regularly to protect your and your related parties' password and/or account security.
(a) You and your related parties will be deemed to have fully understood, fully agreed to, and fully accepted all of the following: the "Registration Information" and other relevant information held by uHobbee and relating to you and your related parties are governed by the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) and the Company's "Privacy Policy". You can view the full text of the Company's Privacy Policy at the following website: www.uhobbee.com.
(a) You and your associates fully understand, agree, and comprehend that any and all content uploaded, posted, emailed, or transmitted through this Service while browsing and/or reading the website and/or application (App) of this Service, and all courses and/or activities and/or services or service content displayed on this Service, including but not limited to their course and/or activity and/or service or service content descriptions, details, fees, etc., are not made or provided by uHobbee and its associates, nor are they any representations and/or misrepresentations made by uHobbee and its associates under the common law law and the Misrepresentation Ordinance (Chapter 284 of the Laws of Hong Kong) in any manner described and included therein;
(b) You and your associates clearly understand and acknowledge that all information, including but not limited to data, text, software, music, audio, photographs, graphics, videos, messages, or other materials (hereinafter referred to as "Content"), whether publicly posted or privately transmitted by you and your associates, is entirely the responsibility of the providers of all and/or publicly available "Content," and is the sole responsibility of you and your associates. uHobbee and its affiliates bear no responsibility whatsoever in this regard;
(c) You and your associates fully understand, agree, and acknowledge that some of uHobbee's services allow coaches, mentors/coaches, mentor teams/company members to post or repost content, or post URL hyperlinks, on the uHobbee website for introduction and promotional purposes only. uHobbee and its affiliates assume no responsibility for any content produced that is not for informational or promotional purposes;
(d) You and your affiliates fully understand and acknowledge that you and your affiliates, and not uHobbee, are solely responsible for any "Content" uploaded, posted, emailed, or transmitted by you through this Service. uHobbee cannot control or have prior knowledge of any "Content" posted through this Service and therefore does not guarantee the accuracy, completeness, or quality of the aforementioned publicly available "Content". You understand that using this Service may expose you to unpleasant, inappropriate, or offensive "Content";
(e) Under no circumstances shall uHobbee be liable for any "Content," including but not limited to any errors or omissions in any "Content," or for any loss or damage arising from posting, emailing, or transmitting through this Service;
(f) You and your associates fully understand, agree, and comprehend that any and all content uploaded, posted, emailed, or transmitted through this Service by you and your associates constitutes, in all and all circumstances, only a representation of your and your associates.
(g) You and your associates fully understand, agree, and comprehend that no content uploaded, posted, emailed, or transmitted through this Service will, in any and all circumstances, constitute a representation by uHobbee or its associates. Furthermore, in any and all circumstances, it will not constitute any representation or misrepresentation by uHobbee or its associates in any and all manner as described and included in the Misrepresentation Ordinance (Chapter 284 of the Laws of Hong Kong) under common law and the laws of Hong Kong.
(h) You and your associates fully understand, agree, and comprehend that, where feasible, uHobbee and its associates will use all reasonable means to protect the privacy and safety of minors and children, and will only allow them to be addressed and identified by their surname and/or appropriate nickname and/or English name in any content uploaded, posted, emailed, or transmitted, and will not allow them to be addressed or identified by their full Chinese name and/or full English name;
(i) You and your associates fully understand, agree, and comprehend that, under no circumstances may this Service be used for the following purposes:
(1) Uploading, posting, emailing, or transmitting any illegal, harmful, coercive, abusive, harassing, abusive, defamatory, vulgar, obscene, libelous, privacy-invading, harmful, racially discriminatory, or morally offensive "content";
(2) Harming or intending to harm a minor in any way, including but not limited to, under Chapter 579 of the Laws of Hong Kong. The term "child" as used in the Prevention of Child Pornography Ordinance refers to any person under the age of 16;
(3) Impersonating any person or organization, including but not limited to uHobbee administrators, forum/group leaders, moderators, or making false statements or misrepresentations of a relationship with any person or organization;
(4) Forging titles or otherwise manipulating identifying information to disguise the source of any "content" transmitted through this service;
(5) Uploading, posting, or otherwise transmitting any "content" that one is not authorized to transmit under any law, contract, or trust relationship (such as internal, proprietary, and confidential information learned or disclosed under an employment relationship or confidentiality agreement);
(6) Uploading, posting, or otherwise transmitting "content" that infringes any patent, trademark, trade secret, copyright, or other proprietary right (hereinafter referred to as "right") of any person;
(7) Uploading, posting, or otherwise transmitting any advertising letters, promotional materials, spam, mass mailings, syndicated mailings, direct marketing materials, or any other form of solicitation;
(8) Uploading, posting, emailing, or otherwise transmitting any computer virus, including but not limited to Trojan Horses, worms, time bombs, or cancelbots (hereinafter referred to as "viruses"), or any other computer code, files, and programs designed to interfere with, damage, or restrict any computer software, hardware, or communication equipment;
(9) Disrupting normal conversation flow, causing screen to move rapidly, or preventing other users of this service from typing, or negatively impacting other users' ability to participate in real-time communication;
(10) Interfering with or damaging this service or servers and networks connected to this service, or failing to comply with the regulations, procedures, policies, or specifications of networks connected to this service;
(11) (j) Intentionally or unintentionally violating any applicable local, other national or international laws and regulations, and any legally binding provisions or regulations;
(12) "Stalking" or otherwise harassing others; and
(13) Collecting and storing other users' personal data.
(j) You and your associates will be deemed to have fully understood, fully agreed, and fully accepted that uHobbee has not pre-screened any "Content" posted by you and your associates, and uHobbee and its designees have the right (but not the obligation) to refuse and/or remove any "Content" available through this Service at their sole discretion. uHobbee and its designees have the right to remove any "Content" that violates these Terms of Service or is objectionable. When using any "Content," including relying on the accuracy, completeness, or usefulness of the aforementioned "Content," you and your associates agree to conduct your own assessment and assume all risks;
(k) You and your associates fully understand, agree, and acknowledge that if uHobbee and its associates suspect and believe that any content posted, reproduced, or containing hyperlinks on the uHobbee website is not intended for the purpose of introducing and/or promoting courses and/or activities and/or services, uHobbee and its associates reserve all rights and to take the following actions without prior notice to you and your associates:
(1) Reserve the right to temporarily and/or permanently remove such and related suspected content from this website and/or all and any services of uHobbee;
(2) Reserve the right to take actions against your and your associates' accounts, including but not limited to temporarily blocking accounts and permanently canceling accounts;
(3) Reserve the right to temporarily and/or permanently cancel the account without any form of full or partial refund;
provide advice
(4) We reserve the right to report such suspected content to the relevant law enforcement agencies;
(5) We reserve the right to file a lawsuit against you and your associates in the relevant courts;
(6) We reserve the right to take actions and procedures to the greatest extent possible to protect the safety and interests of uHobbee and its associates; and
(7) Uhobbee has the final say and decision-making power regarding this operation and shall not be liable for any losses arising therefrom, nor shall it be required to provide any form of compensation to you and your associates.
(l) You and your associates will be deemed to have fully understood, fully agreed to, and fully accepted that some of uHobbee's services operate through chat rooms. uHobbee assumes no legal responsibility for the authenticity, completeness, or stance of any messages. All opinions expressed in the messages represent only the personal opinions of the message posters and do not represent the position of this website. Due to the "instant posting" mechanism of uHobbee, it is not possible to fully monitor all posts. If readers find any problematic posts, please notify the website using the form below:
www.uhobbee.com
(m) You and your associates will be deemed to have fully understood, fully agreed to, and fully accepted that the uHobbee management team (list available at: www.uhobbee.com) are not employees of HAO LUN LIMITED, but merely members of the discussion forum. All their posts represent their personal opinions only, and uHobbee has not pre-screened their statements, actions, or forum management operations. Their statements, actions, and forum management do not represent the position of the uHobbee website;
(n) You and your associates will be deemed to have fully understood, fully agreed, and fully accepted that uHobbee and its associates may retain and/or disclose the "Content" to relevant persons/organizations when required by law or relevant regulations, or in good faith, to the extent reasonably necessary for the following purposes:
(1) To comply with legal process;
(2) To enforce these Terms of Service;
(3) To respond to any claims that the "Content" infringes on the rights of third parties; or
(4) To protect the rights, property, or personal safety of uHobbee, its users, and the public.
(o) You and your associates will be deemed to have fully understood, fully agreed, and fully accepted that the technical processing and transmission of this service, including the "Content" you post, may:
(1) be transmitted via various networks, and
(2) be modified to comply with and accommodate the technical requirements of connected networks or devices.
(a) You and your associates understand the borderless nature of the Internet and agree to comply with all applicable regulations regarding online conduct and acceptable "content" in all relevant jurisdictions. You and your associates agree to comply with all applicable laws concerning the use of this Service and/or this website and/or the export of technical and/or personal data from Hong Kong or your country of residence.
(a) For the purposes of these Terms of Service, "Public Areas of the Service" (if applicable) means areas accessible to the general public. For example, publicly accessible areas of this Service include discussion forums; and
(b) You and your affiliates, by choosing to post other "Content" in other publicly accessible areas of this Service, grant uHobbee and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right to: use, reproduce, modify, alter, reorganize, adapt, distribute, translate, create derivative works from, and distribute, demonstrate, and display (part or all) of the aforementioned "Content," and/or incorporate it into other works using any now-known and hereafter-developed forms, media, and technologies.
(a) You and your affiliates agree to indemnify and hold harmless uHobbee and/or its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from and against any and all losses arising out of or relating to any claim or demand brought by you or your affiliates as a result of the “Content” provided, posted or transmitted through this Service, your use of this Service, your connection to this Service, your breach of these Terms of Service and/or your infringement of any other person’s rights. This includes, but is not limited to, all costs such as attorneys’ fees, administrative fees, court costs, etc.
(a) You and your affiliates agree not to reproduce, copy, sell, resell or use any part of this Service or your use or access to this Service for any commercial or non-commercial purpose without the consent of uHobbee and its affiliates.
(a) You and your affiliates fully agree and accept that uHobbee and its affiliates need to establish general measures and restrictions regarding the use of this Service, including but not limited to the maximum period for which the Service will retain SMS messages, bulletin board content (if any), or other uploaded "Content"; the limit on the number of SMS messages that can be sent and received by one account on this Service; and the maximum number of times (and the maximum duration of each use) that you and your affiliates may use the Service within a general period;
(b) You and your affiliates agree that uHobbee and its affiliates shall not be liable for any messages, other communications, or other "Content" maintained or transmitted by the Service if uHobbee deletes or fails to store them. You and your affiliates also agree that uHobbee and its affiliates have the right to close accounts that have not been used for an extended period. You and your associates also agree that uHobbee and its affiliates have the right to change these general measures and restrictions at any time at their sole discretion, with or without notice to you and your associates; and
(c) Please note that uHobbee does not retain or back up any registration and class-related information for courses and/or activities and/or services. Please retain and back up such information yourself. Once you perform the "delete" or "permanently delete" function on a file or account, such registration and class-related information will not be recoverable by the system or general tools. The company shall not be liable for any loss arising therefrom and shall not be required to make any form of compensation to you and your associates.
(a) uHobbee and its affiliates have the right to temporarily or permanently modify or terminate this service (or any part thereof) at any time without prior notice. You and your affiliates agree that uHobbee and its affiliates shall not be liable or liable for any modification, suspension or termination of this Service to you and your affiliates or any third party, and shall not make any indemnification or compensation in such case.
(a) You and your affiliates agree that uHobbee and its affiliates may, at their sole discretion, suspend and or terminate your and your affiliates' passwords, accounts (or any part thereof) or use of this Service, and remove and delete any "Content" within this Service, for any reason, including but not limited to lack of use, or if uHobbee and its affiliates believe that you and your affiliates have violated any provision of Hong Kong law, uHobbee's Terms of Use and Disclaimer, or any part thereof, in accordance with any part thereof. uHobbee and its affiliates may terminate the provision of this Service or any part thereof to you and your affiliates and/or others at any time, with or without notice. Uhobbee has the final say on this matter and shall not be liable for any losses arising therefrom, nor shall it be required to provide any form of compensation to you or your associates.
(b) You and your affiliates agree that any provision of this Service provided under these Terms of Service may be suspended or terminated without prior notice to you and your affiliates. You and your affiliates acknowledge and agree that uHobbee and its affiliates may immediately close or delete your account and all related information and uploaded "Content" in your account, and/or prohibit the use of such files and this Service; and
(c) Furthermore, you and your affiliates agree that if your access to the Service is suspended or terminated, or if your and your affiliates' accounts or related information and files are frozen or deleted, Uhobbee has the final say in such actions and shall not be liable or liable to you or any third party for any such actions or shall not provide any compensation.
(a) Any communications, business dealings, or contractual relationships between you and/or your associates with advertisers on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations relating to the aforementioned transactions, are solely legal relationships between you and/or your associates and the aforementioned advertisers, and/or business entities and/or organizations. You and/or your associates agree that uHobbee and its affiliates shall not be liable for or responsible for any loss or damage of any kind arising from any of the aforementioned transactions or from the aforementioned advertisers' use of the Service.
(a) The Service or third parties may provide links to other websites or resources on the Global Information Network. As uHobbee and its affiliates have no control over the aforementioned websites and resources, you and your affiliates understand and agree that uHobbee and its affiliates are not responsible for the availability of such external websites or resources, and that any "content," advertisements, products, or other materials existing on or originating from such websites or resources do not constitute an endorsement by uHobbee and its affiliates, nor are uHobbee and its affiliates liable for them. You and your affiliates further agree that uHobbee shall not be liable for any damages or losses arising from or alleged to arise from the use of or reliance on any "content," goods, or services existing on or through any of the aforementioned websites or resources, including but not limited to any direct or indirect liability.
(a) You and your affiliates fully understand, agree, and acknowledge that uHobbee and its affiliates' obligations related to the Service in accordance with these Terms of Service are limited to providing you with the relevant services using reasonable skill and care;
(b) You and your affiliates fully understand, agree, and acknowledge that you use this Service at your own risk. This Service is provided on an "as is" and "as available" basis. uHobbee and its affiliates expressly disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement of third-party rights;
(c) uHobbee and its affiliates do not warrant that: (i) the Service will meet your or its affiliates' requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) the results obtained from the use of the Service will be correct or reliable; (iv) any products, services, information, or other materials purchased or obtained by you or its affiliates through the Service will meet your expectations (if any);
(d) You and its affiliates should make their own decisions and assume all risks when downloading or obtaining any materials through the use of the Service. You and its affiliates shall be fully and solely responsible for any damage to your computer system or data loss caused by downloading any of the aforementioned materials. The company shall not be liable for any loss arising therefrom and shall not be required to provide any form of compensation to you or its affiliates;
(e) Please note that uHobbee does not save or back up any registration or class-related data for courses, activities, or services. Please save and back up such data yourself. Once you perform the "delete" or "permanently delete" function on a file or account, such registration and class-related data will not be able to be recovered by the system or general tools. (f) The Company shall not be liable for any loss arising therefrom and shall not be required to make any form of compensation to you or your associates;
(g) Any advice and information obtained by you or your associates from uHobbee and its affiliates or through this Service, whether written or oral, shall not constitute any warranty not expressly provided in these Terms of Service;
(g) You and your associates fully understand, agree, and comprehend that when browsing and/or reading the website and/or application (App) of this Service, any and all content uploaded, posted, emailed, or transmitted through this Service, and all courses and/or activities and/or services or service content displayed on this Service, including but not limited to their course and/or activity and/or service or service content descriptions, details, fees, etc., are not made or provided by uHobbee and its affiliates, nor are they made by uHobbee and its affiliates under the common law and the Misrepresentation Ordinance (Chapter 284 of the Laws of Hong Kong). All and any representations and/or misrepresentations described or included in the Ordinance;
(h) You and your associates fully understand, agree, and comprehend that no and all content uploaded, posted, emailed, or transmitted through this Service will, in any and all circumstances, constitute a representation by uHobbee or its associates. Furthermore, in any and all circumstances, it will not constitute any representation or misrepresentation by uHobbee or its associates in any and all manner as described and included in the common law and the Misrepresentation Ordinance (Chapter 284 of the Laws of Hong Kong).
(i) uHobbee and its associates shall not be liable for any loss of data (including but not limited to posts, points, highlights, coins, text messages, etc.) arising from any operational or system error, and shall not be required to provide any form of compensation to you or your associates.
(j) uHobbee and its affiliates will not, under any circumstances, participate in any contractual or other legal relationship between any users, including but not limited to any monetary transactions (including but not limited to all cash transactions and all electronic transactions and receipts/payments) conducted by any party, including but not limited to students, parents, legal guardians and/or guardians, personal coaches, mentors, company members and/or their affiliates;
(k) uHobbee will not, in any way, participate in the payment and/or receipt of course and/or activity and/or service fees between the parties, nor will it, in any way provide services related to the payment and/or receipt of course and/or activity and/or service fees;
(l) If you are a coach, mentor or service provider, you must fully understand and fully agree to the following:
(1) Ensure that the published course and/or activity and/or service content is completely accurate and does not contain any misleading or false statements;
(2) All payment/receipt details and methods must be negotiated, handled and resolved by you and the student. Please note that uHobbee does not participate in payment of fees or collection of related services;
(3) You fully agree that Uhobbee may provide your contact information to users and/or students;
(4) All user/student contact information provided by Uhobbee shall not be disclosed to any third party and shall not be used for purposes other than registration and class attendance;
(5) It is prohibited to post any payment/receipt information or methods, including but not limited to bank account information and Payment QR codes, in any form on the services provided by uHobbee. Upon discovery, Uhobbee reserves the right, including but not limited to immediately removing and/or delisting the course and/or activity and/or service, and blocking the account of the coach, instructor, or service provider. Uhobbee has the final say in this action and shall not be liable for any losses arising therefrom; and
(6) Please note that uHobbee will not save or back up any registration and class attendance related information for courses and/or activities and/or services. Please save and back up such information yourself. Once you perform the "delete" or "permanently delete" function on your file or account, such registration and class-related information will be irretrievable by the system or other tools. Our company will not be liable for any losses arising therefrom, and will not be required to provide any form of compensation to you or your related parties.
(m) If you are a student and/or user, you must fully understand and agree to the following:
(1) You confirm that such registration is made in good faith and that you have provided the correct information for the registration purpose;
(2) You must not make any payments before verifying the identity of your coach/mentor or service provider and the payment/receipt method;
(3) You are required to proactively and independently verify the identity of your coach/mentor or service provider and negotiate, handle, and verify the accuracy of their payment/receipt details with them. You and your coach/mentor or service provider are required to negotiate, handle, and resolve their payment/receipt method independently. Please note that uHobbee does not participate in payment of fees or collection of related services;
(4) You fully agree that Uhobbee may forward your registration information to coaches, instructors, or service providers;
(5) All user and/or student contact information provided by Uhobbee shall not be disclosed to any third party or used for purposes other than registration and class attendance; and
(6) Please note that uHobbee will not retain or back up any registration and class attendance related information for courses and/or activities and/or services. Please retain and back up such information yourself. Once you perform the "delete" or "permanently delete" function on the file or account, such registration and class attendance related information will not be recoverable by the system or general tools. The company shall not be liable for any loss arising therefrom and shall not be required to make any form of compensation to you or your related parties.
(n) You and your related parties agree that uHobbee and its related personnel shall not be liable for any breach of any legal responsibility (including but not limited to civil or criminal) by any user, including but not limited to any user. You and your associates agree to completely release uHobbee and its associates from all liability arising from the provision of this service and/or your use of this website.
(o) Force Majeure:
(1) If uHobbee and its affiliates are unable to perform their obligations in whole or in part due to any one or more (but not limited to) accidents, damage or malfunction of machinery or equipment, or shortages, uHobbee and its affiliates' obligations under these Terms shall be suspended;
(2) Decreased manufacturing capacity, government revocation of business license, war, riots, terrorism, sabotage and other shutdowns, epidemics, national disasters such as floods and typhoons, fires affecting uHobbee's operations or those of uHobbee's suppliers, inability to obtain fuel, electricity, raw materials, containers or transport facilities, natural disasters, and government actions. In such circumstances, uHobbee and its affiliates shall have the right to suspend, postpone, and or terminate their obligations;
(3) If uHobbee and its affiliates consider the duration of delay to be unreasonable, they may terminate the Contract without incurring any liability; and
(4) The Company shall not be liable for any loss suffered by you as a result of the foregoing causes and shall not be required to make any form of compensation to you or its affiliates. 21. Limitation of Liability
(a) You and your affiliates expressly understand and agree that uHobbee and its affiliates shall not be liable, in any direct, indirect, incidental, special, consequential, or punitive liability, and shall not be liable for any loss arising therefrom (even if uHobbee and its affiliates have been advised of the possibility of such damages), nor shall they be liable to you and your affiliates for any form of indemnification, arising out of:
(1) Use of or inability to use the Service;
(2) The cost of any substitute goods and services (if any) derived from any goods, data, information, or services purchased or obtained through or via the Service, or messages received, or transactions conducted;
(3) Unauthorized access to or alteration of your and your affiliates' transmissions or data;
(4) Content, statements, or actions made in any form by any user of the Service; and
(5) Other matters relating to this Service (except as expressly provided otherwise in these Terms of Service).
(a) Notices from uHobbee and its affiliates to you and your affiliates may be given via announcement or SMS. Notices or links to notices may also be displayed on this Service when there are changes to these Terms of Service or other matters.
(a) You and your associates understand and agree that the uHobbee trademark and its related independent property rights, including but not limited to trademark rights, patent rights, copyrights, design rights, and plant variety protection rights, are solely and exclusively owned by UHobbee Limited and protected by applicable intellectual property laws. No other person or organization may use them without authorization or permission from uHobbee and its associates under any circumstances.
(b) uHobbee and its associates respect the intellectual property of others and urge users to do the same. If you and your associates believe that your work has been improperly and illegally reproduced, constituting copyright infringement, please provide the following information to uHobbee and its associates as soon as possible:
(1) An electronic or physical signature authorized to represent the copyright holder.
(2) A description of the infringed work as claimed by you and your associates.
(3) A description of the location of the infringed work on the website as claimed by you and your associates. (4) Your address, telephone number, and email address.
(5) A statement from you or your relevant parties that the use of this intellectual property is unauthorized by the copyright holder, their agent, or by law.
(6) A statement from you or your relevant parties, acknowledging the legal liabilities and penalties for perjury (if applicable), declaring that all information contained in this notice is accurate and that you or your relevant parties are the copyright holder or an authorized agent representing the copyright holder.
(c) Please notify us of any copyright infringement through the form below:
www.uhobbee.com
(a) These Terms of Service constitute your and your affiliates' full agreement with uHobbee and govern your and your affiliates' use of the Service, superseding all and/or any prior oral and/or written agreements and contracts between you and your affiliates and uHobbee;
(b) You and your affiliates shall also comply with applicable additional terms and conditions when using uHobbee's services, third-party content, or software. All terms, rules, and guidelines of this Service and your relationship with uHobbee are governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"), without being subject to its principles of extraterritorial law;
(c) You and your affiliates, and uHobbee, agree to submit to the personal and exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region of the People's Republic of China. (d) uHobbee's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision;
(d) If any provision of these Terms of Service is held invalid by a competent court, you and your affiliates agree to continue to endeavor to ensure that the intent of the parties reflected in such provision is valid, and that the remaining provisions of these Terms of Service shall remain in full force and effect;
(e) You and your affiliates agree that, whether or not otherwise provided by law, any claim or cause of action arising out of or relating to the use of the Service or these Terms of Service must be raised within one year of the occurrence of such claim or cause of action, and may never be raised otherwise;
(f) You and your affiliates agree that these Terms of Service supersede all prior oral and other agreements, and that all prior oral and other agreements shall be deemed to have no legal or contractual effect;
(g) uHobbee and its affiliates reserve the right of final interpretation and amendment of these uHobbee Terms of Use and Disclaimers;
(h) In the event of any conflict between the Chinese version of these uHobbee Terms of Use and Disclaimer and other language versions, the Chinese version shall prevail; and
(i) uHobbee and its affiliates reserve the right of final interpretation and amendment of these uHobbee Terms of Use and Disclaimer.
(a) If any suspected breach of these uHobbee Terms of Use and Disclaimer is discovered, please notify the Company, uHobbee, and its affiliates as soon as possible.
(a) The laws of the Hong Kong Special Administrative Region of the People's Republic of China shall apply to these uHobbee Terms of Use and Disclaimer.
Both parties hereby expressly understand, fully agree, accept, and comply with all the foregoing terms and conditions, and all subsequent additions and amendments to the terms and conditions solely attributable to uHobbee.