Future Power (HK)
Privacy Statement
Privacy Statement
This privacy statement provides information
regarding Happy Club mobile application that applies to all customers
of Future Power (HK) including without limitation, customers of all Hong
Kong operators that use Happy Club mobile application.
Terms of Service
Happy Club mobile application ("Service")
consists of programs and/or services hosted or made available by Future Power
(HK) Limited ("Future Power (HK)", "we" or "us").
All subscribers ("you") may use all the programs and/or services
provided between or among subscribers or non-subscribers. By installing the
application, you shall be deemed to agree the following terms and conditions.
Future Power (HK) reserves the right to update and
change the Terms and Conditions of Service from time to time without prior
notice. Shall there is an amendment on Terms and Conditions, we will inform the
modification on the site or notice of amendment. Any new features to improve or
enhance the current Service shall be subject to the Terms of Service. By
continuing to use or access after we have dispatched notice of amendment to
these Terms of Service, you are indicating that you agree to be bound by the
modified Terms of Service. Shall the Terms of Service are not acceptable to
you, to cease using the Service is your only remedy. The most current version
of the Terms of Service will always be available on our website ("www.futurepower.com.hk"). Violation of
any of the terms below will result in the termination of your Account. You
agree to use the Service at your own risk and subject to the terms set below.
Use of Service
In order to access and/or use the Service, you are
required to provide your mobile phone number as part of the process for
registration and continued use of Service. You are strongly advised to keep the
confidentiality of your Account, and are fully responsible for all activities
that occur under your Account. Future Power (HK) will be liable for any
loss or damage from your failure to comply with this security obligation.
By using this Service, you agree not to:
- Use the Service for
any illegal or unauthorized purpose. Violating any applicable laws in your
jurisdiction including but not limited to copyright and privacy laws are
prohibited.
- Reproduce, duplicate,
copy, sell, trade, resell or exploit any portion of the Service for any
commercial purposes.
- Access (or attempt to
access) any of the Service by any means other than through the interface that
is provided by Future Power (HK), or access (or attempt to access) any of
the Service through any automated means (including use of scripts, web crawlers
or the like) or otherwise engage in the Service in a manner reasonably likely
to be harmful to the systems operating the Service or the access or use of the
Service by others.
- Violate any
applicable local, state, national or international law, including, but not limited
to, regulations promulgated by or any rules of any national or other securities
exchange and any regulations having the force of law.
- Employ tactics to
prevent the full and complete display of advertisements within the Service,
including, but not limited to, making style changes, customizations or
overrides that effectively block or substantially impair the display of
advertisements within the Service.
- Engage in commercial
activities within the Service or on behalf of Future Power (HK) without
prior approval.
- Interfere with or
disrupt the Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of network connected or
applicable to the Service.
Future Power (HK) will not be liable for failure or
delay incurred beyond Future Power (HK)'s reasonable control which
includes but not limited to the stability of data network, Wi-Fi connection,
your device settings, unavailability or delay of third party services or power
used by the equipment needed. However Future Power (HK) will maintain to
provide a consistent level of service availability and performance. Future
Power (HK) will not be held liable for any errors, damage, or other unexpected
events resulting from the use of Service.
Prices and rates shown in the Service are subjected to
change at any time without prior notice.
You agree that the calling records issued or provided
by Future Power (HK) are conclusive evidence of your use of service.
Modifications to the Service
and Prices
Future Power (HK) serves the right to vary the service
charges, offer and terms and conditions without prior notice and shall have the
final decision in case of any dispute. You agree that Future Power (HK)
shall not be liable to you or to any third party for any of the actions or
inactions of its third party business partners regarding modifications, price
changes, suspension or discontinuance of the services of such third party
business partners which work or integrate with the Service. Future Power
(HK) may automatically download and install software updates from time to time
with the intention of improving, enhancing, repairing and/or further developing
the Service, and you agree to permit Future Power (HK) to deliver these to
you (and you to receive them) as part of your use of the Service.
Copyright
You acknowledge and agree that Future Power (HK)
owns all legal right, title and interest in and to the Service, including,
without limitation, all software comprising a part of the Service that is
either hosted on Future Power (HK) "s servers or deployed by you or a
third party (the "Software"), and all intellectual property rights
therein (whether registered or not). You further acknowledge and agree that the
rights in the Service, including all intellectual property rigths, are
protected by one or more copyright, trademark, patent, trade secret and other
laws, regulations and treaties, in addition to these Terms of Service. Except
for the limited license rights specifically granted to you in these Terms of
Service, Future Power (HK) and its suppliers own and shall retain all
rights, title and interests, including, without limitation, intellectual
property rights, in and to the Service and all Software utilized therein
(all all copies thereof and related materials that are delivered or
made available to you with the Service).
Termination
You may stop or discontinue your use of the service at
any time, for any or no reason and with or without notice. Future Power
(HK) may also terminate the service or your access to or use of the service or
your account with or without notice in the event of the occurrence of the
following circumstances:
a) Your breach or
violation of these Terms of Service,
b) Your request or
self-effecting account deletion,
c) An extended period of
inactivity (determined in Future Power (HK)'s sole discretion),
d) Your non-payment of
any fees or other sums due to Future Power (HK) or any other party related
to your use of the Service,
e) Requests by law
enforcement or other government agencies,
f) The discontinuance or
material modification to the Service (or any part thereof),
g) Unexpected technical
or security issues or problems,
In case of termination of license by the third party
vendor, Future Power (HK) reserves the rights to terminate the service
with you. You agree not to claim against Future Power (HK) for any loss
caused by such termination of the Service.
Advertisements
The Service may be supported by advertising revenue
and may display advertisements and promotions on or in connection with the
Service, and may be targeted to Content subject matter. You hereby agree
that Future Power (HK) may present advertising in connection with the
service in consideration for the rights granted you to access and use the
Service. Any decision to utilize advertising, and the manner, mode, extent, and
terms or any advertising, presented with the Service, are subject to change. We
shall not responsible or liable for any loss or damage of any sort incurred by
you as a result of any such practices or changes or as the result of the
presence of such advertisers on the Service, including, without limitation, any
change in the cost of obtaining any Service. Furthermore, your interactions
with advertisers found on or through the Service, including, without
limitation, all reliance upon advertising, all commercial transactions and
legal obligations associated therewith, are solely between you and such
advertisers.
Force Majeure
Future Power (HK) shall not be liable in damage or
loss. Future Power (HK) has the right to terminate this terms
and contions for any delay of default performing hereunder if such
delay or default is caused by conditions beyond Future Power (HK)'s
control including, but not limited to Acts of God, Government restrictions
(including the denial or cancellation of any export or other necessary
license), wars, insurrections and/or any other cause beyond the reasonable
control of the party whose performance is affected.
Indemnity
You agree to indemnify and hold Future Power (HK),
its subsidiaries, affiliates, officers, agents, employees, advertisers and
partners harmless from and against any and all claims, liabilities, damages
(actual and consequential), losses and expenses (Including legal and other
professional fees) arising from or in any way related to any third party claims
relating to your use of any of the Service, any violation of these Terms of
Service or any other actions connected with your use of the Service (including
all actions taken under your account). In the event of such claim, Future
Power (HK) will provide notice of the claim, suit or action to the contact
information we have for the account, provided that any failure to deliver such
notice to you shall not eliminate or reduce your indemnification obligation
hereunder.
Disclaimer and
Warranties
You expressly disclaim and warrant that:
- Your use of the
service is at your sole risk. The service is provided on an "AS IS"
and "AS AVAILABLE" basis. To the maximum extent permitted by
law, Future Power (HK) expressly disclaims all warranties and conditions
of any kind, whether express or implied, including but not limited to the
implied warranties and conditions of merchantability, fitness for a particular
purpose and non-infringement.
- Future Power (HK)
does not warrant that (i) the service will meet all of your requirements, (ii)
the service will be uninterrupted, timely, secure or error free, or (iii)
errors in the software will be corrected.
- Any material
downloaded or otherwise obtained through the use of the Service is done at your
own discretion and risk and that you will be solely responsible for any damage
to your mobile phones or any other device or loss of data that results from the
download of any such material.
- No advice or
information, whether verbal or written, obtained by you from Future Power
(HK) or through or from the service shall create any warranty not expressly
stated in these terms of service.
- You use the Service
only for lawful and proper purposes and shall ensure any communication
transmitted through the Service does not contain any material which violates or
infringes in any way the rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy right, obscene or otherwise objectionable,
which encourages conduct that would constitute a
criminal offencem give rise to civil liability, or otherwise violate
any law, which is for advertising or solicitation purpose for sales of products
or services, or which results in, though not an unauthorized use of the
Service, interference to the use of the Service by other users. Future
Power (HK) reserves the right to terminate the Service forthwith in the above
situations.
Limitation of
Liability
You expressly understand and agree that Future
Power (HK), its subsidiaries, affiliates and licensors, and our and their
respective officers, employees, agents, shall not be liable for any direct,
indirect, incidental, special, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill, use, data or
intangible losses (even if Future Power (HK) has been advised of the
possibility of such damages), resulting from: (i) the use or the inability to
use the Service; (ii) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained
or messages received or transactions entered into through or from the Service;
(iii) unauthorized access to or alteration of your transmissions or data; (iv)
statements or conduct of any third party on the Service; (v) Future Power
(HK)'s action or omissions in reliance upon your account information and any
changes thereto or notices received there from; (vi) your failure to protect
the confidentiality of any passwords or access rights to your account
information; (vii) the acts or omissions of any third party using the service;
(viii) any advertising content of your purchase or use of any advertised
product or service; (ix) the termination of your account in accordance with the
terms of these terms of service; or (x) any other matter relating to the
Service.
Notices
You agree that we may provide you with notices or
hereunder by SMS or by email related to the Service, in our discretion, and
that we may rely upon the contact information you may have provided as being
accurate, complete and current. And ff you have any inquiry regarding
the Service you can send an email to happyclub@futurepower.com.hk.
General Conditions
- Any issues regarding
the Service can be requested through email. The email address is happyclub@futurepower.com.hk.
- It is understandable
that Future Power (HK) uses third party vendors and hosting partners to
provide the necessary software, networking, storage and related technology
required to run the Service.
- These Terms of
Service constitute the entire agreement between you and Future Power (HK)
and governs your use of the Service. These Terms of Service, as in effect from
time to time, supersedes any prior agreements or earlier version of these Terms
of Service between you and Future Power (HK) for the use of the Service.
If, through accessing or using the Service, you utilize or obtain any product
or service from a third party, you may additionally be subject to such third
party's terms and conditions applicable thereto, and these Terms of Service
shall not affect your legal relationship with such third party.
- You acknowledge and
agree that each affiliate of Future Power (HK) shall be a third party
beneficiary to these Terms of Service and that such other companies shall be
entitled to directly enforce, and rely upon, any provision of these Terms of
Service which confers a benefit on (or provides rights in favour of) them.
Other than this, no other person or company shall be a third party beneficiary
to the Terms of Service.
- You understand that
the technical processing and transmission of the Service, including your
Content, may be transferred unencrypted and involve (a) transmission over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
- The failure or delay
by Future Power (HK) to exercise or enforce any right or provision of
these Terms of Service or rights under applicable laws shall not constitute a
waiver of any such right of provision. The Terms of Service constitutes the
entire agreement between you and Future Power (HK) and govern your use of
the Service, superseding any prior agreement between you and Future Power
(HK) (including, but not limited to, any prior versions of the Terms of
Service). If for any reason a court of competent jurisdiction finds any
provision of these Terms of Service invalid or unenforceable, that provision
will be enforced to the maximum extent permissible and the other provisions of
these Terms of Service with remain in full force and effect.
- This Terms of Service
shall be governed by the laws of Hong Kong.