Terms and Conditions

 

Please read these Terms of Use ("Terms", "Terms of Use", “Agreement”) carefully before using the http://www.payitforward.hk website and the Pay It Forward HK mobile application (the "Service") operated by Pay It Forward ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms, including the additional terms and conditions and policies referenced to and/or available by hyperlink. These Terms apply to all visitors, users and others who access or use the Service. As Pay It Forward includes Google API(s) in its Services, users of Pay It Forward’s Sites and Services are also bound by Google’s Terms of Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Pay It Forward as a platform

Pay It Forward is a platform allowing errands to be outsourced and mobility in populations utilised. Users can be a "butler" to run errands for customers, or vice versa. Users may arrange for meetings  with other users online or in person. We are not directly involved in any contracts, transactions or any other interactions between users. You acknowledge the risks of false pretence and will hold Pay It Forward harmless in this regard.. Users are advised to use your own judgment to ensure your own safety when meeting up with other users of the platform.

We do not screen the content provided by users and thus cannot guarantee the quality, accuracy, safety, morality or legality of any aspect of the services provided. We cannot make sure that a user will complete a task perfectly. We do not transfer legal ownership of services or products.

We do not screen the registration of users and thus cannot guarantee the true identity, age, nationality of a user. We encourage you to communicate directly with users via messenger on our app.

You agree that Pay It Forward is a platform and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") posted by users on Pay It Forward. You use the Pay It Forward service at your own risk.

2. Membership Eligibility

Compliance: You must abide by all local laws regarding online conduct and content. In addition, you must agree to be bound by our policies as stated in the Agreement and our policy documents listed below as well as any other extra documents that may be published in the future by Pay It Forward:

Account Information: You must keep your account information up-to-date and accurate.

Age: The service of Pay It Forward may only be used by individuals who are at least 18 years old and who can form legally binding contracts under applicable law. Individuals not fulfilling the above conditions must only use our services under the supervision of a legal guardian. In all cases, the legally competent adult is the user and is responsible for any and all activities.

Right to Refuse Service: We reserve the right to cancel or temporarily suspend any account if we deem the user violates any of our policies.

3. Fees and Services

The credits used on Pay It Forward Platform is non-monetary and the use of the platform is free.

4. Community Guidelines

You are fully responsible for your conduct, content and activities on Pay It Forward.

Your content and your use of Pay It Forward shall not:

  • Be false, inaccurate or misleading;

  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;

  • Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;

  • Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

  • Host images not part of a listing;

  • Contain items that have been identified by the Consumer Goods Safety Ordinance, Chapter 456, Laws of Hong Kong and/or U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;

  • Use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United National Security Council, the European Union or Her Majesty’s Treasury;

  • Use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;

  • Take any actions that may undermine or discredit the Pay It Forward feedback and ratings systems;

  • Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Pay It Forward staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;

  • Attempt to decompile, reverse engineer, disassemble or hack the Services or Sites (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Pay It Forward with respect to the Services and/or data transmitted, processed or stored by Pay It Forward;

  • List any requests, services and products (or consummate any transaction that was initiated using the service of Pay It Forward) that could cause Pay It Forward to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

  • Involve the sale of illegal, counterfeit or stolen items;

  • Be obscene or contain child pornography;

  • Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

  • Appear to create liability for Pay It Forward or cause Pay It Forward to lose (in whole or in part) the services of our ISPs or other suppliers;

  • Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Pay It Forward;

  • Harvest or collect any information about or regarding other Pay It Forward account holders, whether through automated means, such as harvesting bots, spiders, robots or scrapers (“Automated Data Collection”), or otherwise, including, without limitation, any personal data or information;

  • Use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;

  • Modify, adapt or hack Pay It Forward or modify another website so as to falsely imply that it is associated with Pay It forward;

  • Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

  • Use the Services to violate the privacy of others or to “stalk” or otherwise harass another;

5. Content

License: By submitting content to Pay It Forward, you hereby imply that you have the legal right to the content and grant Pay It Forward non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights to store, reformat and display the content on Pay It Forward platform in the way we choose.

Reposting Content: You agree to hold Pay It Forward harmless if a third party repost any content you submitted to Pay It Forward site or app. Any dispute regarding this matter should be handled you and the third party reposting the content.

Feedback: Users may submit any unsolicited suggestions, ideas, proposals or other material (collectively, the "Material") to Pay It Forward. By doing so, under all of your rights of your material, you ensure the material to be non-confidential and non-proprietary, and grant Pay It Forward a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you. Pay It Forward shall not be liable for the disclosure or use of such Material.

Screening: Pay It Forward does not screen the users and content provided by users on our web or app. By using the platform, you acknowledge that your will hold Pay It Forward harmless if you find any content inaccurate, offensive, harmful, or deceptive.

Management: We shall have the right but not the obligation in our sole discretion to pre-screen, and manage any content submitted to Pay It Forward. In case of violation of these Terms of Use, complaints from users, intellectual property infringement, any legal instruction for removal, or the content is otherwise objectionable we reserve the right to remove the content from Pay It Forward site and app. The users posting the inappropriate content may be, in our sole discretion, temporarily or permanently banned from any services of Pay It Forward in the future. In addition, in order to protect our services and users or enforce these terms of use, we reserve the right to block the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) on our platform.

You shall grant Pay It Forward the right to access, preserve and disclose your account information and content on conditions, including but not limited to, required by applicable law, on court order, to enforce these Terms of Use, for Pay It Forward to respond to claims that any Content violates the rights of third parties or to protect the rights, property or personal safety of Pay It Forward, its users and/or the public.

Other Resources: Pay It Forward does not endorse and are not responsible or liable for any content, advertisement, product, or other material on our site or app. You agree to hold Pay It Forward harmless from any liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertisement, product, or other material or services on our site or app.

8. Disputes

In case of disputes between you and Pay It Forward, please email info@payitforward.hk. Any dispute regarding this Agreement shall be settled by arbitration in Hong Kong, in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS"), by a commercial arbitrator from a list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to reimbursement of its reasonable expenses (including reasonable solicitors' fees, expert witness fees and all other expenses). Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the courts located in Hong Kong. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Pay It Forward agree that any actions to settle disputes between you and Pay It Forward must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.

Disputes with Users or Third Parties: In case of any dispute arising between you and other users or parties, we advise you to contact the users or parties concerned and resolve the dispute.

If you are unable to do so, you may contact us at info@payitforward.hk for help. We shall, without any obligation, help resolve any disputes in our sole discretion.  We will not make judgments regarding legal issues or claims.

You agree to hold Pay It Forward harmless from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from such disputes.

9. Intellectual Property

Pay It Forward, and our graphics, logos, designs are registered trademarks, trademarks or trade dress of Pay It Forward in Hong Kong and/or other countries. Our trademarks and trade dress may not be used by any parties without explicit authorisation from Pay It Forward.

11. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, privacy policies, warranty disclaimers, indemnity and limitations of liability.

12. Privacy

Please refer to our privacy policy.

13. Warranty disclaimers

We do not grant any warranty or condition in the provision of our service. Employees and our suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. No advice or information obtained by you from Pay It Forward shall create any warranty. You understand the risk associated with the use of Pay It Forward services. The services remains with you to the maximum extent permitted by applicable law.

14. Limitation of Liability

Pay It Forward and our subsidiaries, officers, directors, employees or suppliers be liable for any loss or damage associated with the use of our services, including but not limited to loss of money, package damage, physical and emotional trauma.

You agree that your only right with respect to any problems or dissatisfaction with the services is to launch a complaint to Pay It Forward via our feedback system or email.

If Pay It Forward is found by a court to be liable, to the maximum extent permitted by applicable law, our liability is limited to one Hong Kong dollar.

15. Indemnity

You agree that Pay It Forward is exempted from indemnity of any kind, including but not limited to those arising from our services provided, services available on our platform, breach of this agreement or violation of any law by users of Pay It Forward.

16. Availability of services

Pay It Forward does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside our control. We reserve the right to terminate our services without prior notices.

19. Agency

You and Pay It Forward are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

20. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Sites and Services after such changes have been posted shall constitute your acceptance of such revised Terms of Use.

23. Contact us

If you have any questions about these Terms, please contact us at info@payitforward.hk.

Effective Date: 22 January 2018