Heartisans App Terms and Conditions
Terms and Conditions are Subject to Changes
3. Heartisans reserves the right to make modifications to this Agreement at any time in its sole discretion without prior notice. Any modifications made to this Agreement shall be published at the same location as the one before. If you continue to use the Services after a modification is published, you indicate your conclusive acceptance of the modified Terms and Conditions.
Usage of the App
5. Any use of the App will be deemed as an undertaking on your part to provide true, accurate, current and complete information about yourself when filling out the registration form. You will maintain and promptly update your registration information to keep it true, accurate, current and complete.
6. If Heartisans has reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, Heartisans reserves the right to suspend or terminate your registration at its sole discretion without notice and without any liability to you. You shall prevent any use of the App for any unlawful purpose or any purpose in contravention of the Terms and Conditions. You shall also prevent the posting of any content defamatory, threatening or of distaste in the sole discretion and view of Heartisans.
7. You acknowledge that you have verified the compatibility of the App with your other required equipment (e.g., ensuring that your mobile device and/or operating system is compatible with the App). You are solely responsible for determining the compatibility of the App with other equipment. You accept that lack of compatibility is not a valid claim under the warranty provided with your Product and does not otherwise constitute a basis of defective item under the Returns or Exchanges policy.
8.The Products has software which allows it to function. To the extent the Products contain or consist of software in any form (“Software”), such Software is licenced to you, and not sold. Some Product function may not be available where the App is not loaded and properly synced with the Product. Furthermore, the App and the Software may be updated from time to time without notice, and if you do not update it, the Product, Software and the App may lose its functionality and may or cause security vulnerability. It is important for you to ensure that you updated your App and the Software where updates are available.
9. Heartisans makes all possible efforts to make sure that the App is available at all times. However, Hearitsans makes no representations or warranties that the App will be available at all times or during the term of this Agreement. Heartisans encounter technical difficulties or maintenance from time to time, and this may result in temporary suspension of your use of the App. Without prejudice to the foregoing, Hearitsans reserves the right, from time to time, to modify or discontinue, temporarily or permanently, any and all functions and any and all features of the Product and the App, with or without notice, all on a without liability basis.
10. You represent, warrant, undertake and covenant that you will not use the App in any of the following ways:
(i) use the App for any fraudulent or unlawful purpose;
(ii) use the App to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
(iii) interfere with or disrupt the operation of the App or the servers or networks used to make the App available;
(iv) violate any requirements, procedures, policies or regulations or such networks, transmit or otherwise make available in connection with the App any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
(v) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the App;
(vi) frame or mirror any part of the App without Heartisans’s express prior written consent; or
(vii) infringe, misappropriate or violate any copyright, trade mark, design right and any other intellectual property right in the Products.
Disclaimers of Warranties to the App
11.Heartisans is committed to ensuring that the App is as useful and efficient as possible. For that reason, Heartisans reserves the right to make changes to the App or to charge for its services, at any time and for any reason without notice to you. Heartisans does not represent or warrant that access to the App, or any part of it, will be uninterrupted, reliable or fault-free or accurate. Heartisans encounters technical difficulties, maintenance, or upgrades from time to time, and this may result in temporary suspension of your use of the Product and/or the App.
12. You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst Heartisans strives to protect your data, Heartisans does not warrant and cannot ensure the security of any information which you transmit to Heartisans. Any information which you transmit to Heartisans is provided and transmitted at your own risk. The App stores and processes personal information that you have provided. It is your responsibility to keep your phone/electronic device and access to the App secure.
13. To the extent permitted by applicable law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to Heartisans’s negligence) which Heartisans may otherwise have to you as a result of:
(i) Any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to the App or any information on the App;
(ii) The unavailability of the App or Products;
(iii) Any delay in providing, or failure to provide or make available of App or the Products; or
(iv) Any misrepresentation on or relating to the App.
(v) Any warranties, express or implied, regarding the App and your usage of the App.
14. You are responsible for obtaining the data network access necessary to use the Product, the Site and/or the App. Your mobile network’s data rates and fees may apply if you access or use the Site and/or the App from a wireless-enabled device and you shall be responsible for such rates and fees. The Site and/or the App may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Location services must also be turned on in order to utilise the App.
Limitations on Liability
15. The App is provided “as is, “where is” and subject to availability. In no event will Heartisans, its officers, shareholders, sponsors, employees, agents, directors, subsidiaries, affiliates, successors or licensors be responsible for any incidental, indirect, punitive special, exemplary or consequential damages whatsoever (including damages for loss of profits, loss of goodwill, interruption, loss of business information or any pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this Agreement, including without limitation your use of, reliance upon, access to, the Product or the App, or any part thereof, or any rights granted to you hereunder, even if Heartisans has been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement or intellectual property rights, wilful default or negligence in the performance, or otherwise. Heartisans and you have agreed that these limitations will survive and apply even if any limited remedy specified in these Terms and Conditions is found to have failed of its essential purpose. Heartisans shall not be liable for any damages, liability or losses arising out of, or caused directly or indirectly by: (a) your use of and reliance on the Product or the App or your inability to access or use the Product or the App, and (b) any transaction or relationship between you and any party other than Heartisans, (c) loss or damage resulting directly from wrongful or negligent use by you or those around you or (e) an event of force majeure, or any other circumstance or cause that could not be prevented by its respective reasonable care determined in accordance with applicable law.
16. In the event that a claim is made out, the maximum liability that Heartisans shall be liable for is the amount you pay for the App that gives rise to the claim.
17. Further, Heartisans reserves the right to withdraw any functions in the App (which may or may not affect the functions of the Products) at any time and for any reason at its sole discretion without notice.
18. You agree to indemnify and hold Heartisans, its officers, directors, employees and agents harmless from and against all damages, losses or expenses of any kind (including reasonable attorney fees and costs) arising out of your breach of this Agreement and any activity in which you engage on or through the Site and the App and your violation of any law or rights of a third party, including any liabilities, interest, penalties or fees assessed against Heartisans arising from your failure to pay any such taxes.
19. All content of the App and all intellectual property rights therein are the exclusive property of Heartisans or have been properly licensed to or authorised for Hearitsans to use. Such content includes any text, graphics, images, music, software, audio, video, and any information of the materials posted, generated or provided through the Services to you. Together with the Services and its underlying technology, all content of the App is protected by copyright, trademark, patent, intellectual property, and other laws of the Hong Kong Special Administrative Region of the People’s Republic of China and foreign countries. Your usage of the App does not grant you any rights in or to the content. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights incorporated in or accompanying the Services.
20. However, Heartisans grants you a non-exclusive and non-transferrable privilege to use the App for personal and non-commercial use, subject to these Terms and Conditions. Heartisans reserves all rights and licenses in and to the App not expressly granted to you under the Terms and Conditions.
21. Heartisans grants to you a non-exclusive, non-transferable licence to use the Software, in executable form, solely as embedded in the Products, solely for your internal, non-commercial use on the condition of your strict compliance of the Agreement. You may not copy or modify the Software. You acknowledge that the Software contains trade secrets of Heartisans, and, in order to protect such trade secrets, you agree not to disassemble, decompile or reverse engineer the Software nor permit any third party to do so, except to the extent such restrictions are prohibited by law. Heartisans reserves all rights and licenses in and to the Software not expressly granted to you under this Agreement.All Products sold by Heartisans are subject to intellectual property right protection. You acknowledge that the Products contain trade secrets of Heartisans, and in order to protect such trade secrets, you agree not to disassemble, decompile or reverse engineer the Products nor permit any third party to do so, except to the extent such restrictions are prohibited by law.
22. Certain links, including hypertext links, in our App will take you outside our App. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content or accuracy of any website outside our App. Any access and use of third party links are at your own risk.
Waiver of rights
23. It is acknowledged that in the case of Heartisan’s failure to enforce any right or provision it will not be considered a waiver of such right or provision. Waiver will take effect if it is put in writing and given effect by signature of an authorised representative of Heartisans.
24. If and to the extent that Heartisans may be precluded by acts of God, authority of laws, or other causes beyond its control from performance hereunder, such performance shall be excused to the extent that it is necessitated by such causes.
Term of this Agreement
25. This Agreement will continue to apply to you so long as you continue to use the Product, the Site and/or the App. Heartisans may terminate the Agreement or suspend your access to the Site and the App at any time, including in the event of your actual or suspected unauthorized use of the Product, App or Site and/or non-compliance with this Agreement.
26. Although Heartisans may attempt to notify you when major changes are made to this Agreement, you should periodically review the most up-to-date version of this Agreement at Terms & Conditions in App's Setting Tab. Heartisans will from time to time post notices on its Site and you agree that those shall constitute sufficient notice to you. Heartisans may, in its sole discretion, modify, revise or replace the terms of this Agreement and any relevant policies at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the amended terms, please do not use or access the Site, the Product and/or the App. Your continued use of the Product, the Site and/or the App constitutes acceptance of the amended Agreement.
27. If at any time any provision hereof is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions hereof nor the legality, validity or enforceability of such provision under the laws of any other jurisdiction shall in any way be affected or impaired thereby.
28. Heartisans may assign the Agreement or any part of it, and Heartisans may delegate any of its obligations under this Agreement. The rights under this Agreement are granted to you personally and you may not assign the Agreement or any part of it, nor may you transfer or sub-license your rights under the Agreement, to any third party.
29. You agree that any dispute between you and Heartisans arising from, basing on or in connection with this Agreement, or any other Heartisans’s Products will be governed by and construed under Hong Kong law, without regard to principles of conflict of laws thereunder. Disputes shall be resolved by arbitration, conducted in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the notice of arbitration is submitted in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules. The number of arbitrator shall be one. The arbitration shall be conducted in English. Except as expressly set forth in this Agreement, each Party shall be solely responsible for all costs and expenses incurred by it in connection with the arbitration procedures.