User Agreement

Please read thoroughly and carefully this user agreement ("Agreement") before downloading and/or using this CheerZap (Mobile App) ("App").

This App is provided by CheerZap ("we", which includes our successors and assigns). This Agreement is an agreement between you as the user (including a visitor) of the App ("User" or "you") and CheerZap and applies to your use of the App and related technology provided by CheerZap.

By using the App, you agree to the following terms of this Agreement. The term "this Agreement" means the terms and conditions set out in this page or document, together with other terms and conditions applicable to the services ("Services") that may be provided by us to you from time to time.

Definition
User acknowledgement: You acknowledge that -
1. (Purpose of the App) (i) the App is intended for general health and wellness purposes only, and is not intended for use in detection, diagnosis, monitoring, mitigation, management, treatment, cure or prevention of any health or medical condition, disease, or vital physiological process, or for transmission of time-sensitive health information; and (ii) you rely on the App and engage in any Services or related activities solely at your own risk;
2. (Jurisdiction) the App is intended for individuals who access it from within Hong Kong, and is not intended for download or use by persons in any jurisdiction where such download or use would be contrary to any law or regulation of such jurisdiction or where CheerZap is not licensed or authorised to provide the App and/or any of the Services. CheerZap does not represent or warrant that the App and/or the Services are appropriate or permitted or available for use outside Hong Kong. If you access the App and/or the Services outside Hong Kong, you are responsible for observing all applicable laws and regulations of the relevant jurisdiction. Your continued use of the App and/or the Services will be deemed as your confirmation that you are accessing the App from within Hong Kong and your acceptance of this Agreement.
3. (Remuneration) to the extent permitted by applicable laws and regulations, we may receive for our own benefit certain remuneration, rebate, benefit, allowance, brokerage or commission and any other payment or advantage directly or indirectly from any party in connection with the Services provided through the App.
User undertakings: You undertake -
1. to only use the App and the Services for purposes that are permitted by this Agreement;
2. to provide us with such information as we may reasonably request from time to time for the purposes of verifying your identity and providing the Services on the App;
3. to use your genuine identity when using the Services on the App (including registering for any user account);
4. to use the App or the Services as principal and not as anyone’s agent;
5. to ensure that all the information provided by you in connection to the Services on the App is, and shall remain, true, accurate, correct and complete;
6. to the extent permitted by applicable laws and regulations, to keep all information obtained through the Services on the App secure and confidential;
7. not to use the App or the Services in any way that is illegal or in breach of any applicable laws or regulations (including money lending, anti-money laundering and gambling laws and regulations);
8. not to use the App or the Services in a way that is fraudulent, malicious, abusive, libellous, obscene, threatening, inappropriate or in contravention of any agreement with us;
9. not to engage in any activity that contravenes or infringes upon our rights or the rights of any third party (including intellectual property rights or proprietary rights);
10. not to engage in any activity that interferes with the Services on the App or disrupts the use of the Services on the App by other users;
11. to follow all security precautions prescribed by the manufacturer of your mobile device operating system;
12. not to decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with the App, the Services, or any software comprised in them;
13. not to take any action that would enable you to gain access to or to tamper with or use any of our systems or networks, or any third party systems or networks;
14. not to deliberately introduce, or risk introducing any viruses or other harmful software, not take any action to circumvent any anti-virus precaution, or to damage the App in any way; and
15. to download the App and its updates only from our official sources.
Data charges: Data charges (including roaming charges) imposed by your mobile service provider may apply. You are responsible for these charges.
Usage of App on devices: You must not use the App on any mobile device or operating system that has been modified outside the mobile device or operating system vendor-supported or vendor-warranted configurations. This includes mobile devices that have been “jail-broken” or “rooted”. For the purpose of this Agreement, a jail-broken or rooted mobile device means one that has been freed from the limitations imposed on it by your mobile service provider and the mobile device manufacturer without their approval.
Licensed rights and restrictions
1. In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license to download and use the App on your mobile device for your personal purposes only.
2. You may not use the App for any purpose which is unlawful, abusive, libellous, obscene, threatening or inappropriate in any other way.
Trade marks and copyright
1. All trade marks, logos and service marks in the App (including but not limited to “CheerZap” and “cheerzap” trade marks) are owned by us and you are prohibited from using them without our prior written consent.
2. Android, Google Play and the Google Play logo are trademarks of Google LLC.
3. Apple, the Apple logo, and iPhone are trademarks of Apple Inc., registered in the US and other countries. App Store is a service mark of Apple Inc.
4. All contents in the App (including any text, graphics, links and sounds) are protected by copyright. You are prohibited from modifying, reproducing, storing in a retrieval system, transmitting (in any form or by any means), copying, distributing, re-using, reposting, reverse-engineering, decompiling, using for creating derivative works or in any other way for commercial or public purposes any part of such contents and related materials without our prior written consent.
Privacy and personal data
1. We will handle your personal data collected via the App in accordance with our Privacy Policy, which may be amended or replaced from time to time.
2. On your mobile device, we may ask you to switch on certain functions, such as the microphone function. This will allow you to enjoy certain functions on the App.
3. Please read our Privacy Policy carefully before providing any personal data via the App. By using the App, you acknowledge that you have read and understood our Privacy Policy and consent to our handling of your personal data (including sensitive personal data and direct marketing) in accordance with our Privacy Policy.
System requirements: The App may be temporarily unavailable when we are conducting maintenance or system updates. The availability of the App is dependent on the reliability and availability of third-party service providers including software, network and other service providers that enable your access to the App.
Disclaimer
1. All materials are provided to or accessible by you via the App on an “as is” or “as available” basis. We do not give any warranty or representation of any kind, whether express or implied, non-infringement, security, availability, accuracy, reliability, timeliness, correctness, completeness, suitability, fitness for a particular purpose or freedom from disabling codes in relation to the App or any of such information, services and materials contained in the App.
2. You are solely responsible for: (A) preventing, safeguarding and ensuring that no disabling code is uploaded, transmitted or installed onto or via the App; and (B) ensuring adequate protection and back up of data and/or equipment for your mobile device, including taking reasonable and appropriate precautions. We are not responsible for any loss, damage or expenses of any kind which you may incur or suffer as a result of or in connection with any of the matters set out in this clause 10.
3. We do not represent or warrant the accuracy, functionality or performance of any software or hardware provided by us or third parties that may be used in connection with the use of the App, or the appropriateness of such software or hardware for any particular system. You should familiarise yourself with the terms of service applicable to any third-party software or hardware that may be used in connection with the use of the App.
4. Information (including your log-in credentials) sent over the Internet cannot be guaranteed to be completely secure. We are not responsible for any loss, damage or expenses of any kind which you may incur or suffer as a result of or in connection with any delay, loss, diversion, interception, alteration or corruption of any message sent to or received from us at your request, over the Internet. We are not responsible in any manner for any direct, indirect, special or consequential damages which you may incur or suffer arising from or in connection with the use of the App.
5. Communication over the Internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet or any other reason.
Third party websites, mobile applications or services
1. Your use of the App and/or the Services may be subject to separate agreements you may enter into with third parties. These third parties may include your mobile device operating system provider, mobile device manufacturer, mobile service carrier, and any third-party platform or social media platform that you access or use in connection with the Services. You agree to comply with all applicable third-party terms and agreements when using the App and/or the Services. We are not a party to those agreements. We are not responsible for the third parties and the products and services provided by any third parties.
2. The App may offer access to other materials prepared and/or issued by persons other than us (together, “Third Party Information”) and may provide contents compiled from such Third Party Information in any form, medium or means. The Third Party Information may be provided in the App or accessible via hyperlinks or APIs in the App to platforms of third parties ("Third Party Platforms"). We: (i) do not investigate, verify, monitor, or endorse the contents, accuracy, completeness, timeliness, opinions or views expressed, and other links provided via the Third Party Information or at these Third Party Platforms; (ii) are not a party to any contractual arrangements entered into between the User and the third party service providers, and shall not be deemed to endorse, recommend, guarantee or introduce such services provided by third parties; and (iii) expressly disclaims all liability and responsibility for any loss or liabilities arising from or relating to any defect, error, omission, imperfection, fault, mistake, unavailability, inaccuracy, failure to perform actions, violation of laws and regulations, or unlicensed or illegal activities in connection with the Third Party Information and/or the services provided by third parites found on the App or any of the Third Party Platforms that link to or from the App.
3. You are solely responsible for making all enquiries, investigation and independent judgement before proceeding with any online or offline access or dealing with any person through the Third Party Platforms. You understand and accept that all activities conducted by you via or in the App are at your own risk. Your rights and obligations when using the Third Party Platforms are governed by the terms and policies of such platforms. We do not warrant the security of any information that you may forward or provide to any person via the Third Party Platforms. You irrevocably waive any claim against us for any loss, damage or expenses which you may incur or suffer arising from or in connection with any access to or interaction with any of the Third Party Platforms via the App.
User liabilities and indemnities: You are fully liable for, and will indemnify, hold harmless and defend us against all losses, claims, damages, liabilities, fees, charges, costs and expenses of any kind arising from or in connection with: (a) your access to and use of the App; (b) our reliance on the information provided by you (including information relating to your existing user profile on a mobile application or platform specified by us); (c) any breach by you of this Agreement, any intellectual property or other right of ours or any other person; (d) your failure to take adequate security measures for safeguarding any information, software and systems required for your access to and use of the App; and (e) access to or use of the App by any other person using your user account or your mobile phone (including but not limited to the breach of this Agreement by that person).
Suspension and termination: We have the right to suspend or terminate your access to the App or any Service at any time at our sole and absolute discretion without giving you notice or reason.
Variation: We have the right to vary the provisions of this Agreement from time to time and notify you of the variations when you next launch the App. If you do not accept the variations, you should cease to use the App.
General provisions:
1. (Waiver) No failure or delay on the part of us in exercising any right or remedy under this Agreement shall operate as a waiver of, or impair, any such right or remedy.
2. (Assignment) This Agreement is for the benefit of us and our successors and assigns. We may assign or transfer any of our rights under this Agreement. We may also delegate or subcontract the performance of any obligation under this Agreement.
3. (Governing law) This Agreement is governed by and shall be construed in accordance with the laws of the Hong Kong.
4. (Arbitration) Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
5. (Severability) The illegality, invalidity or unenforceability of any provisions of this Agreement shall not affect the legality, validity or enforceability of any other provisions.
6. (No third party rights) No person other than us and the User will have any right to enforce or enjoy the benefit of any of its provisions under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong).