Last update: September 2020
These General Terms and Conditions of Service govern the legal relationship between Asiaimportal (HK) Limited (“Company“, “we“, “us” or “our“), registered as a business in the Hong Kong Special Administrative Region of the People’s Republic of China under registration number 2478913, also doing business as “Asia Property HQ“, and the User (“Client”, “Visitor”, “you”, “your(s)”) of our Services (“you” or “your(s)”), who will use and access all services offered and provided by Company, including all free and paid content offered on both https://www.asiapropertyhq.com/ (“Website”) or by any other means, as well as business referrals.
You are fully aware that we can never guarantee the completeness, reliability and accuracy of all the Services we provide mentioned in Article 1 in this Agreement, including but not limited to all information we provide and any third-party materials on our website, research assignments and referral services. Please read Article 10 in this Agreement carefully which covers liability issues. If you still have questions, please contact us.
ARTICLE 1. DEFINITION SERVICES
1.1. Scope of Services. This Article 1 and all its Sections describe the Services we offer to Users. You must always verify and be aware of the most recent information on our Website and specific pages where you can find the exact scope of our Services.
1.2. Free Information for Visitors. This comprises all information and content that is available on our Website and which is freely available on the internet. Included in Free Information for Visitors is all information on our Website and its subdomains, including but not limited to video material and our blog.
1.3. Free Information for Users. This comprises all information and content that is available on our Website only after User has subscribed on our Website for the purpose of receiving specific information and content, including but not limited to articles, interviews, whitepapers, e-books, tutorial videos and webinars that are all available without costs.
1.4. Third-Party Referral Services for Users. Website Visitors may request free quotations or related information in connection to or about third-party service providers and suppliers. You understand and agree that we may receive a commission from that third-party. However, it is your sole decision to engage in a business relationship with such third-parties, and you acknowledge that their respective general terms and conditions apply. An example of our referral services can be found on: https://www.asiapropertyhq.com/find-an-agent/.
1.5. Paid Information Products for Clients. This includes a paid subscription for Website Visitors who become our Clients in order to access our platform on which specific information and content is published, the Information Products include but is not limited to software tools, online support and property information.
1.6. Paid Business Services for Clients. Website Visitors of our Services may choose to purchase separately administrative business services related to selling or buying property in Asia, including but not limited to:
- Advertisement, available at: https://www.asiapropertyhq.com/inquiry/
ARTICLE 2. ACCESS TO SERVICES TO AUTHORIZED USERS
2.1. Access. Company gives permission to each User and Visitor, exclusively for their personal or business use, to access our Website and view, download, or print any of its contents, including but not limited to any documents that are available free of charge, such as newsletter, e-books or templates. For some Services, we may also offer paid subscription Services as mentioned in Article 1 in this Agreement.
2.2. Authorized Users. You shall be the principal authorized User of our Services and the rights in and to the Services are limited to one Authorized User only, and cannot be shared with or used by other persons.
ARTICLE 3. SERVICES
3.1. Services. We offer on our Website both free and paid Services as defined in Article 1 in this Agreement. You may purchase our Services separately or combined. All information and content on our Website may be amended or updated from time to time. In accordance with Article 10 in this Agreement, we do not make any representations and warranties with respect to our Services, and we are never responsible or liable for any information that is incorrect or contains errors, including misinterpreted or information from third-parties.
3.2. No Guaranteed Results. Company shall use its best endeavors and reasonable efforts to provide the Services in accordance with the express instructions from the Client. However, Client agrees and acknowledges that Company cannot guarantee any results or the effectiveness of any of the Services rendered under this Agreement.
3.3. Use of Subcontractors. You acknowledge and agree that Company may use any subcontractor, agent or affiliate it chooses without Client’s prior approval. However the use of subcontractors, agents or affiliates shall not relieve Company of any of its obligations under this Agreement.
ARTICLE 4. USER SIGN-UP, VERIFICATION AND USE OF SERVICES
4.1. Account Information. In the event you sign-up to our Services by making an account, you represent that all personal information you provide is fully accurate and up to date. You are solely responsible for verifying that all data submitted to us is complete, correct, and truthful and you undertake to keep your information up to date and accurate.
4.2. Account. You may only register one account on our Website, which is strictly personal and non-transferrable. It is forbidden to hold multiple accounts under one name. Moreover, your username and password remain private, and you are responsible for all actions that are taken under your account.
4.3. Account Approval. We may, in our sole discretion, approve or decline each application to our Services on our Website, without disclosing the reasons under which such a rejection has taken place. We will communicate such a decision to you by email.
4.4. Verification. You understand and agree that Company is authorized to make inquiries to verify your identity. We may do so directly or by using the services of third-parties. We may temporarily restrict your account until we have fully verified your account.
ARTICLE 5. OWNERSHIP AND RIGHTS
5.1. Warranty of Originality. Company represents and warrants that it is the rightful owner of the Services, the Website, and the content, or the recipient of a valid license or right to use. Company is authorized to grant intellectual property and other rights granted in this Agreement without the consent of any third party when it is explicitly stated. Moreover, Company represents and warrants that the Services, Website and content will be its own and original work, including the licensed components described above.
5.2. Rights. User understands and agrees that unless otherwise designated in this Agreement, Company owns and retains all right, title and interest in and to (i) the Services, including all enhancements, improvements, and modifications; (ii) any business methods, trade secrets, software, applications, or any other technology developed in connection with the Services, and (iii) any patent, copyright, trademark, and any other intellectual property rights.
5.3. Forbidden Use. You must refrain from copy, republish, adapt, create derivative works from, or otherwise distribute the contents of our Website, the underlying source code or any elements of the design, unless we expressly authorize you to do so. In any other case, you are unauthorized to copy the content of our Services, infringe our trademarks, or violate any other intellectual property rights.
ARTICLE 6. COMPANY OBLIGATIONS
6.1. Services. The Company may decline in its sole discretion, and without giving any prior reason any request from Users, the access and use of our Services or related activities we offer. We are never liable in the event we reject such a request, for example, when we deem such a request inappropriate.
6.2. Lifetime Access. We may offer on our Website lifetime access. We may restrict such lifetime access arrangements to a maximum validity period of five (5) years, after which period the information and content of the Services you have ordered becomes available for downloading. However, we cannot guarantee any successor, as mentioned in Article 12 in this Agreement, will continue such a lifetime access.
ARTICLE 7. CLIENT OBLIGATIONS
7.1. Information. You shall provide the Company with sufficient information, instructions, (official) documents, or access to materials required to perform the Service or to fulfil its duties under this Agreement. If Company does not receive all the necessary and requested information, Client understands and agrees it may cause a delay in performing the Services or the postponement of a deadline. Moreover, you represent that you are fully aware of any laws, regulations and standards that may apply in connection to our Services, and understand we never provide legal advice of any sort.
7.2. Duly Represented. In accordance with the foregoing provision, Client undertakes to provide the Company with any documents or supporting evidence to demonstrate that Client is duly represented by a third-party, including but not limited to a subcontractor, agent, or affiliate.
7.3. Third Party Services. Client acknowledges and agrees that the Service we offer is fundamentally different from the services of third-party suppliers mentioned on our Website or recommended or introduced by us. We are never liable or responsible for the business relationship you engage in with those third-party suppliers as we are not their agent or official representative. The Company disclaims all liability in cases where any supplier fails to provide the Client with any ordered goods or services or acts in bad faith. Article 10 in this Agreement, covering our disclaimer for services from third-party suppliers shall apply accordingly.
7.4. File Storage and Backups. As part of our Services we may offer you the possibility of storing your files and data on our systems. You must act in accordance with any law that applies to the protection of personal information and confidential data. Moreover, you shall always be responsible for storing your own data and keeping backups. We are never responsible for the loss of your files and data or becoming publicly known as a result of a system or server error, downtime or a hack.
7.5. Data Controller. In case you share personal information with us related to an individual, you acknowledge and agree that you are at all times the responsible party for holding that personal information. Under EU legislation, you shall remain at all times the Data Processor, and you must comply with all duties under the EU General Data Protection Regulation (2016/679), including but not limited to performing reasonable and actual data validation processes and updating individual’s explicit consent.
ARTICLE 8. PAYMENTS, REFUNDS, AND CANCELLATIONS
8.1. Payment. Before you are able to use and access our Service(s) the applicable due payment must be completed by using one of the payment methods specified on our Website, including but not limited to debit and credit cards, Stripe and PayPal.
8.2. Non-Refundable. Unless otherwise agreed, all fees paid to us shall remain at all times non-refundable, and we will never make partial refunds in the event you have not fully used our Services, unutilized consulting time, or for any other reason, whatsoever.
8.3. Refunds for Information Products. Within fourteen (14) days from the purchase date, we may fully refund the cost of the Information Products mentioned in Article 1.5 in this Agreement under the condition you have not logged in and used any information, product, course or software and you have not requested and received any online support from us.
8.4. Chargebacks. In the event you have conducted a credit card chargeback or otherwise reverse any payment(s) made to us, we may, in our sole discretion, immediately terminate your account. All charges we make for purchases remain non-refundable, and we will never make refunds for partially used Services.
ARTICLE 9. DISCOUNT VOUCHERS AND COUPON CODES
9.1. Vouchers and Coupons. Company may occasionally send and User User may receive vouchers or coupon codes for discounts from third-parties affiliated with the Company.
9.2. Responsibility. You understand and agree that the third-party service provider that offers vouchers and coupon codes shall always remain responsible for issuing and respecting them. As a result, we disclaim all responsibility and liability for the usability and acceptance of any voucher or coupon issued under your account.
ARTICLE 10. WARRANTIES, DISCLAIMERS AND INDEMNIFICATION
10.1. Warranties. With regard to our Services, we make no warranties, either express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose. Client accepts our Service and content on an “as is” and “as available” basis with no representation or warranty of any kind, express or implied, including without limitation implied warranties of fitness for a particular purpose, or non-infringement of intellectual property rights or any implied warranty arising from statute, performance, or usage of trade.
10.2. Waiver of Liability. We solely offer our Website and Services for informational purposes, and we are never liable for any incorrect, unavailable, erroneous, ambiguous, incomplete, outdated, misinterpreted or modiﬁed information. At no time shall the Company be held liable for any advice, support services, suggestion or third-party referral provided to the Client that may result in any loss or damage. The User shall be solely responsible and liable for the manner it employs our Services, and any actions and decisions the User takes based thereof, including any losses, any type of damages, injury and civil and/or criminal liability or theft of intellectual property, business methods and/or trade secrets.
10.3. Disclaimer Third-Party Information. The Company performs the Services using third party resources, information, and services, as part of our Services mentioned in Article 1 in this Agreement. We explicitly disclaim our liability for any incorrect, misleading, false, outdated, ambiguous or erroneous information provided by any third-party, their afﬁliate or any of their sources. The Client shall be solely responsible and liable for the manner it employs abovementioned third-party resources, information and services, and any actions and decisions the Client takes based thereof, including any losses, any type of damages, injury and civil and/or criminal liability or theft of intellectual property, business methods and/or trade secrets.
10.4. Insurance Disclaimer The Company shall never be an insurer, guarantor, or broker, and we never provide services in the capacity of an insurer, guarantor or broker. It is the Client’s sole responsibility to purchase the appropriate insurances with the third party of its choice. We explicitly disclaim our responsibility and liability for any losses or damages resulting from the absence of proper insurances.
10.5. Indemnification. The Client indemnifies and holds harmless the Company and its ofﬁcers, employees, agents, and subcontractors against all liability, cost, or damage(s) arising out of and in connection to this Agreement, including all legal expenses and related costs out of this and in connection to this Agreement.
10.6. Insurance. You represent and warrant that your company and its subsidiaries carry a proper and industry standard insurance, covering such risks and amounts that are adequate and customary for companies that are engaged in similar business activities in the industry.
ARTICLE 11. COMPLAINTS
11.1. Complaints. The User and/or Client who experiences a problem with the Service and content provided by the Company should raise such a matter directly to the Company via our contact form: https://www.asiapropertyhq.com/contact-us/.
11.2. Result. The Company shall perform its best endeavors, but is at no time obliged to, resolve the matter you have raised to the satisfaction of the User and/or Client.
ARTICLE 12. ASSIGNMENT
Company may assign this Agreement, including any of the rights, interests, or obligations hereunder to any successor or assign without the prior written consent of Client. Subject to the preceding, this Agreement will be binding upon, to the benefit of and enforceable by the Client and Company’s respective successors and assignees.
ARTICLE 13. MODIFICATIONS OF THE AGREEMENT
The Agreement is subject to modification and review at any time. In case of any discrepancies with any other or past versions of the Agreement, the current version, publicly available on the Website, shall always prevail.
ARTICLE 14. CHOICE OF LAW, JURISDICTION AND DISPUTE RESOLUTION
14.1. Applicable Law and Forum. The Agreement shall be governed by and construed in accordance with the internal laws of the Hong Kong Special Administrative Region of the People’s Republic of China. Any conflict or dispute between the Parties that may arise in connection with this Agreement shall be exclusively submitted to the competent civil court in Hong Kong.
14.2. Dispute Resolution. In the event of any dispute, you must immediately notify the Company (via the contact form or by email) within seven (7) working days after the complaint following the discovery of the facts or within thirty days as per the date of delivery of the Report.