General Terms and Conditions
Effective Date: [2017-02-28]
Welcome to Pet Circle. We have the pleasure to provide the services described below in accordance with these General Terms and Conditions (the “General Terms”):
1. These General Terms are applicable to your use of our APE Pet Circle application (the “Application”).
2. In these General Terms, “you”, “your”,“User” shall mean users of the Application, and “we”, “our” or “APE” shall mean APE Accessories of Pet Express (HK) Limited.
4. APE grants you a limited, restricted,personal, non-transferable, non-sublicenseable, revocable license to access and use the Application only as expressly permitted in these General Terms. Except for this limited license all rights or licenses not expressly granted herein are reserved. The content and information on the Application, as well as the software and infrastructure used to provide such content and information, is proprietary to APE or its providers.
5. As a condition of using the Application, you agree not to use the Application or its contents or information for any commercial or non-domestic purpose or for any purpose that is illegal, unlawful or prohibited by these General Terms. Except with our prior written authorization, you agree not to modify, copy, distribute,transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products,or services obtained from the Application.
6. APE provides an online platform through which you can browse other services, including but not limited to pet adoption news from, and make donations to, charities helping animals. Although the Application provides the platform on which you can browse and donate to these charities, any information related to and the activities of the charities are provided by such charities. We make no representation, warranty or guarantee as to the accuracy, completeness and correctness of the information and in relation to any of the activities of such charities, nor do we recommend or endorse any of these charities.
7. Content on the Application may be provided by third parties. Any opinions, advice, statements, descriptions,offers, services, information or other such content contained or made available on the Application (“Third-Party Content”)are the sole responsibility of the respective authors or creator. APE does not guarantee the accuracy, completeness and correctness of any Third-Party Content. Under no circumstances will APE be held liable for any errors or omissions in any Third-Party Content, any links embedded in the Third-Party Content, any loss, damage or claims caused by the User’s reliance on any Third-Party Content or any other harm arising from any Third-Party Content.
8. The marks “Pet Circle APE” and “Pet Circle” are registered trademarks of or licensed to APE and/or its affiliated companies. Other products and company names identified on the Application may be the name,trademark, trade name, service mark, logo, symbol or other proprietary designation of APE, its licensor or associated companies or a third party. The use on the Application of any name, trade name, trademark, service mark, logo,symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through the Application, should not be construed as an endorsementor sponsorship by APE and/or the Application of any such third-party, or the participation by APE in the offering of such third party goods, services or information through the Application. APE owns the copyright in and to the Application. You may not use the APE intellectual property without our consent.
9. Unless stated otherwise, the software required for our services or available at or used by the Application and the intellectual property rights (including the trademarks, service marks, logos,designs, copyrights etc.) in the contents and information and material on the Application are owned by APE, its affiliated or associated companies,licensors, suppliers or providers. APE does not assume any liability for copyrighted materials provided by third parties or any intellectual property right infringements by such third parties.
10. The Application contains copyright material, trade names and other proprietary information, including, but not limited to, text,software, photos, graphics and may in future include video, graphics, music and sound. The entire contents of the Application are protected by copyright law.We, and/or our licensors,own copyright and/or database right in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in these General Terms.
11. All content, including software, products, services,information, text and related graphics contained within or available through the Application are provided to you on an "as is," "as available" basis. APE makes no representations or warranties of any kind,either express or implied, as to the operation of this Application or the information, content or materials included on this Application and to the fullest extent permissible pursuant to applicable law. APE disclaims all representations, conditions and warranties of any kind, either express or implied, including, but not limited to, the implied conditions or warranties of merchant ability, informational content, title, or non-infringement of the rights of third parties. APE does not warrant or make any representations that the Application will operate error-free or uninterrupted, that defects will be corrected, or that the Application and/or its servers will be free of viruses and/or other harmful components. APE does not warrant or make any representations regarding suitability, availability, accuracy, reliability,completeness, or timeliness of any material of any kind contained within the Application for any purpose, including software, products, services,information, text and related graphics content.
12. APE is not responsible for any failures caused by server errors, misdirected or redirected transmissions, failed internet connections,interruptions in the transmission or receipt of reservations or, any computer virus or other technical defect, whether human or technical in nature.
13. To the extent permitted by law, in no event shall APE,including its respective officers, directors, employees, representatives,subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Application and its contents (collectively the "Covered Parties"), be liable to any person or entity whatsoever for any direct, indirect, incidental, special, exemplary,compensatory, consequential, or punitive damages or any damages or losses whatsoever, including but not limited to (where relevant, caused by): (i) your loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, inconvenience, stress, distress, loss of claim, business interruption, data or other intangible losses (ii) your inability to use, unauthorized use of, delay, performance or non-performance of the Application; (iii) unauthorized access to or tampering with your personal information or transmissions arising from the provision to you of, or failure to provide you with, any product or services, including services rendered or products offered by the different product and service providers through the Application (the “Providers”), or cancellations; (iv) errors or inaccuracies contained on the Application or any information (including but not limited to the information of the product(s) or service(s) as made available on the Application), software, products, services, and related graphics obtained through the Application; (v) any transactions entered into through the Application; (vi) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of the Application which it provides hyperlinks; or(vii) damages otherwise arising out of the use of the Application, any use,delay or inability to use the Application, or any information, products, or services obtained through the Application; or (viii) any personal injury,death, property damage, or other damages attributable to the use of product(s) or service(s); or (ix) any damages caused by a force majeure event. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if a Covered Party has been advised of the possibility of damages. A force majeure event is any event beyond the Covered Parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident,electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency,rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes,shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider’s breach of any condition or warranty including,but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchant ability, nor shall any Covered Party be responsible for any other wrongdoing of a provider (including any liability in tort),as to any products and/or services available through the Application. APE does not guarantee continuous access without interruption to the Application.
14. If any part of these General Terms and Conditions is declared unenforceable or invalid, such terms shall be severed from these General Terms and Conditions and rendered ineffective, the remainder will continue to be valid and enforceable.
15. These General Terms and Conditions are governed by, and construed in accordance with, the laws of Hong Kong and in case of disputes, the parties shall submit to the non-exclusive jurisdiction of the courts in Hong Kong.
Effective Date: [2017-02-28]
APE Accessories of Pet Express(HK) Limited (“APE”, “we”, “our” or “us”) respects your legal rights of privacy when collecting, storing, using and transmitting Personal Data (defined below) and this policy explains our privacy practice.
1. For the purpose of this policy:
(1) "Personal Data" means any personally identifying information or sensitive data (such as names,occupations, addresses, contact details, credit card information, from which it is practicable for the identity of the individual to be ascertained, but also may include other information and data);
(2) “Application” means our our APE Pet Circle application; and
(3) “You”, “your”, “User” shall mean users of the Application.
2. Pledge: We are committed to safeguarding the privacy of individuals with respect to Personal Data. We shall make sure that our policies and practice in relation to the collection, use,retention, transfer and access of Personal Data comply with the requirements oft he Personal Data (Privacy) Ordinance (Cap. 486) of the Laws of Hong Kong Special Administrative Region.
4. Kinds of Information Collected and Held: When signing up with APE, you may be required to provide APE with your Personal Data, which may include your name, date of birth, mailing address, e-mail address, username and password, all necessary details that facilitate any payments and other relevant information. If you are our services and/or products provider, you may also be required to provide APE with a copy of your driving licence (if you are providing delivery services), practising certificates of any registered veterinary Surgeons(if you provide reservation of veterinary service(s) via the Application)and/or any other information or document which APE deems necessary to conduct any reasonable audit or inspection of a service(s) and/or product(s) provider.
5. Main Purposes of Use of Information Collected
5.1. Use in General: You agree that APE may, directly or through its agent(s) and/or sub-contractor(s), use your Personal Data for purposes relating to its daily operation of your membership accounts, administration of your membership accounts and records, marketing analysis, research and development, advertising, marketing, identification, information and database administration, protecting your and our rights, collection or recovery of any debt owned by you to APE, complying with any statutory or regulatory requirements, other uses in accordance with our General Terms and Conditions and any other policies in place as amended from time to time,any other purposes that are disclosed to you at the time we collect the information, and other purposes directly related to the aforesaid. Without prejudice to the foregoing, you agree that the majority shareholder(s) of APE or any of its officers, directors, employees, representatives, consultants or advisers may use your Personal Data for purposes including but not limited to a transfer of the business of or any shares in APE or a change in the shareholdings of APE or an amalgamation of APE with another body. For the avoidance of doubt, unless otherwise agreed herein,APE will not transfer, assign or otherwise dispose of any of your Personal Data to any third parties for any valuable consideration except with your prior written consent.
5.2. Use of any information from services and/or products provider(s): If you are services and/or products provider(s) of APE, we may use the information you provided to conduct any audit, check or inspection of you, as APE deems necessary.
5.3. Use for Payment Information: We may use the payment information (including any credit card information) to process payments from you for any purchase via the Application.
6. Accuracy of Information: You may be requested to provide APE with certain Personal Data. If you fail to provide or update accurate information as requested, the provision of your access to, and use of, the Application may be affected. If you wish to correct or update your Personal Data held by APE, please write to APE at the address shown under clause16 below.
7. Opt-Out Options: If you do not wish to receive any marketing information from APE, please notify us via the Application or write to us at the address shown under clause16 below. Upon receipt of your opt-out request, APE will include you on APE’s opt-out list and shall cease to use your Personal Data in any promotions, advertisement or marketing.
(1) comply with the law or application regulations;
(2) protect and defend our rights and property;
(3) protect against misuses or unauthorized use of our Application; or
(4) protect the personal safety or property or User or the public.
9. Use in Legal Proceedings: If it becomes necessary for APE to take legal action against you for recovering from you the debt you owe to APE,your Personal Data may be used by APE in identifying and taking legal action against you.
11. Children’s Policy: Our Application is not targeted at or intended for use by children. We do not knowingly collect personally identifiable information from children under the age of ten (10). If it is discovered that we have inadvertently collected personal identifiable information from children under the age of ten (10), we will take all reasonable measures to erase and remove such information from our system, and will not use such information for any purpose, save and except where necessary to protect the safety and lawful rights of the child or otherwise required by law.
12. Security of Information: To protect against the loss, misuse, and alteration of the information under our control,we have implemented relevant security measures. The physical records of your Personal Data will be stored in secured places with restricted access. The electronic records of your Personal Data will be stored in the servers of APE located in secured places and protected by adequate IT security measures. Only authorized personnel of APE will have access to these records and servers on a “need-to-know” and“need-to-use” basis. APE cannot be and is not responsible for unauthorized access to information by hackers or others who have obtained such access through illegal measures.
13. Access and Correction of Information:You have the right to request in writing for access to your Personal Data held by APE (if any);and correction of your Personal Data that is inaccurate (if any). We may charge a reasonable fee for processing your data access request.
16. Enquiries and Requests: If you have any questions or wish to access or correct your Personal Data held by APE or to make an opt-out request under clause 7, please contact us at:
APE Accessories of Pet Express (HK) Limited
Address: [No.11, Kam Shui South Road, KamTin, N.T., Hong Kong]
E-mail address: [email@example.com]