diyi terms and conditions
Effective Date: 1st September 2016
DIYI.com is powered by the diyi limited developed application and related programming (hereinafter referred to as “DIYI"). DIYI and/or its subsidiary(ies) and/or affiliate(s) (the “Company”; if the context requires or permits, “Company” may refer to any one of DIYI and/or its subsidiary(ies) and/or associated companies operate, provide services via, apart from websites, applications including mobile applications (hereinafter referred to as the "Applications") that have been designed and maintained and developed in whole or in part by the Company. The websites and the Applications may be referred to collectively as the "Access Channels" hereinafter.
The terms “Users" and “Providers” herein refers to all individuals and/or entities accessing and/or using the Access Channels at anytime, whether in Hong Kong or elsewhere, for any reason or purpose.
1. General Terms
The Company provides online platforms for Providers to list the services including but not limited to those related to personal wellness and beauty services including massage which they offer and provide online marketing (including but not limited to access, status, price and availability, posting of advertisements, promotional campaigns, and marketing materials) as well as providing real-time service request and booking systems and feedback systems for Users and Providers to post their comments related to their experiences (hereinafter referred to as the "Services").
The Company is not a party to nor is it involved in any actual transaction between Users and Providers nor does it represent in any manner the quality, qulifications, experience or ability of any Provider on the platforms to provide any service or of a User to comply with any request of a Provider.
2. Prohibited Uses for all Users
Users and Providers of the Channels, with or without subscriptions being paid, agree not to use any of the Channels for any of the following purposes which are expressly prohibited: -
i. All Users and Providers are prohibited from violating or attempting to violate the security of the Channels including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mail. Violation of system or network security may result in civil and/or criminal liabilities.
ii. A User or a Provider shall not delete or revise or interfere with or replicate or publish or use any material or information posted by any other Users or Providers or the Company.
iii. All Users and Providers shall not use the Channels (1) for uploading, posting, publishing, transmitting, distributing, circulating or storing material in violation of any applicable laws, rules, by-laws or regulations; or (2) in any manner that will or amy infringe the copyright, trademark, trade secrets or any other intellectual property rights of others or that would in any manner violate or adversely impact upon or damage the privacy or publicity or other personal rights of others; or (3) in any manner that is harmful, defamatory, libelous, obscene, discriminatory, harassing, threatening, abusive, hateful or is otherwise deemed by the Company to be offensive or objectionable. In particular, all Users shall not print, download, duplicate or otherwise copy or use any personally identifiable information about other Users (if any) or Providers. All unsolicited or inappropriate communications or communication attempts of any type to or by Users are strictly prohibited.
iv. Users and Providers shall not use the Access Channels if they do not have legal capacity to form legally binding contracts with each other and are correctly registered as required at law to do business and/or contract.
v. Users and Providers shall not upload or post any advertisement or materials on the Access Channels which is not original and/or which contains any false, inaccurate, misleading or libelous content or contains any computer viruses, trojan horses, worms, computed files or other materials that may interrupt, damage or limit the functionality of any computer software or hardware or telecommunication equipment. Any dvertisement shall not be fraudulent or involve sale of illegal products or services or promote or attempt to promote such products or services.
vi. Users and Providers shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited or inappropriate.
vii. This paragraph shall be applicable to the use of the Applications and Channels:-
By using the Applications and Channels, all Users and Providers acknowledge and agree to the following:-
a. The Users and Providers shall use the Applications and Access Channels entirely at their own option and their own risk and at their own accord and of their own volition. The Users will hold the Company harmless for activities related to their use of the Applications and Access Channels.
3. Own Risk
All USERS AND ALL PROVIDERS USE THE ACCESS CHANNELS AND ANY OTHER WEB SITES AND/OR PLATFORMS AND/OR APPLICATIONS ACCESSED THROUGH THE CHANNELS, AT ENTIRELY THEIR OWN RISK AND ARE AWARE THAT NO REPRESENTATION AS TO STATUS OR ABILITY OF ANY NATURE IS MADE BY THE COMPANY TO A USER OR TO A PROVIDER.
ALL Users are responsible for the consequences of their use of the Platform and the Applications and the Access Channels. All Providers are responsible for the consequences of their use of the Platform and the Applications and the Access Channels.
The Company reserves the right to suspend, remove or delete any User or Provider and prevent his/her/its further access to the Application or Access Channels, at any time for breaching this agreement or violating a code of practice, law, by-law or regulation, and the Company reserves the right to remove any service listing which is abusive, illegal, disruptive or inappropriate at the Company’s sole discretion.
All Users and all Providers agree to indemnify, and hold harmless the Company, its officers, directors, employees, agents, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or resulting from their use of the Channels or their breach of the terms of this Agreement or any terms and conditions of any specific Channel(s) or service agreement(s) entered into between the Company and the User(s). The Company will provide prompt notice of any such claim, suit or proceedings to the relevant User.
5. Limitation of the Service
The Company shall have the right to limit or suspend the use of the Services as it sees fit.
The Users and Providers acknowledge that the Company shall not be liable to any party for any modification, suspension or discontinuance of the Services.
6. Termination of Service
The Company shall have the right to delete or deactivate any account, or block the email or IP address of any User or any Provider, or to terminate the access of a User or a Providers to the Services or Application or Access Channels for any reason, including but not limited to the reason that the User and Providers breached any code of practice,law, by-law, regulation or the Terms and Conditions or any terms and conditions of any specific Channel(s) or any service agreement(s) entered into between the Company and the User(s) and Provider(s).
The Company reserves the right at any time to take all and any such action as it considers appropriate, desirable or necessary including but not limited to taking legal action against any User and/or any Provider making use of the Application, Access Channels, Services and/or Platforms.
The Company does not have control over and does not guarantee the truth or accuracy of any listings of any services that appear on the Access Channels .
IN ANY EVENT, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY LOSSES, CLAIMS OR DAMAGES SUFFERED BY ANY USER OR PROVIDER WHATSOEVER AND HOWSOEVER ARISING OR RESULTING FROM HIS/HER/ITS USE OR INABILITY TO USE THE CHANNELS AND THEIR CONTENTS, INCLUDING NEGLIGENCE AND DISPUTES BETWEEN ANY PARTIES.
8. Limitation of Liability
Without prejudice to the above and subject to the applicable laws, the aggregate liability of the Company to any User or Provider for all claims arising from their use of the Services and the Channels shall be limited to the amount of HK$1,000.
9. Security Measures
The provisions of the Terms and Conditions shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event any provision of the Terms and Conditions is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
12. Governing Law and Dispute Resolutions
The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Channels shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (hereinafter referred to as "Hong Kong"), unless otherwise specified.
If you have any questions about our terms & conditions please contact us via firstname.lastname@example.org