Sales Terms and Conditions

These Terms and Conditions ("Agreement") govern the use of the AirPurchase (Hong Kong) Limited Software-as-a-Service (SaaS) platform and related services (the "Service"). By using the Service, you agree to comply with and be bound by the following terms, applicable in the Hong Kong Special Administrative Region (HKSAR).

1. Definitions

• "Company": AirPurchase (Hong Kong) Limited, the provider of the SaaS platform, registered and operating in HKSAR.
• "Customer": The individual or legal entity subscribing to and using the Service.
• "Service": The SaaS platform provided by the Company for business operations, sales, and management purposes.
• "Subscription": The access plan purchased by the Customer for using the Service.

2. Subscription & Payment

• Fees: Subscription fees are determined at the time of sign-up and are billed in Hong Kong Dollars (HKD). All prices are exclusive of applicable taxes unless otherwise stated.
• Setup Fee: A one-time setup fee may apply depending on the complexity of the Customer’s project. This fee is determined based on the scope of the required initial configurations and onboarding.
• Add-On Service Fee: If the Customer requests additional services or features beyond those included in the standard subscription, an add-on service fee may be charged. The cost of such services will be provided to the Customer and agreed upon prior to the provision of these services.
• Integration Fee: Should the Customer require custom integrations or advanced configurations, an additional integration fee may be charged. The integration fee is subject to the complexity of the project and will be agreed upon prior to the commencement of work.
• Billing: Fees are billed on an annual basis, payable through electronic payments, cheques, or other means accepted by the Company. Subscription fees are non-refundable unless otherwise required by law.
• Late Payments: If payments are not received by the due date, the Company reserves the right to suspend or terminate access to the Service until the outstanding fees are paid.
• Refund: Except as otherwise provided by law or in this Agreement, all payments are non-refundable. No credits or refunds will be issued for partial months of service or for unused features or periods.

3. License

The Company grants the Customer a limited, non-exclusive, non-transferable license to access and use the Service in accordance with this Agreement. The Customer may not sublicense or assign this license.

4. Use of the Service

• Permitted Use: The Customer agrees to use the Service solely for lawful business purposes in compliance with HKSAR laws and regulations.
• Prohibited Use: The Customer may not:
  • Use the Service for unlawful activities, including but not limited to fraudulent transactions, intellectual property violations, or data theft.
  • Engage in activities that may compromise the security or performance of the Service.

5. Data Ownership & Security

• Customer Data: The Customer retains ownership of all data uploaded to the Service ("Customer Data"). The Company does not claim ownership over Customer Data but may access it as necessary for support or technical operations.
• Data Security: The Company employs industry-standard measures to protect Customer Data. However, the Company cannot guarantee complete security and is not responsible for unauthorized access, unless due to the Company's negligence or failure to implement reasonable safeguards.

6. Privacy & Personal Data

The Company complies with the Personal Data (Privacy) Ordinance (Cap. 486) and other relevant HKSAR regulations regarding the collection, storage, and use of personal data. By using the Service, the Customer consents to the collection and processing of personal data as described in the Company’s Privacy Policy.

7. Service Availability

The Company aims to provide continuous access to the Service, but cannot guarantee 100% uptime. The Service may be temporarily unavailable during maintenance, third-party service disruptions, or due to unforeseen issues beyond the Company’s control. The Company will endeavor to notify the Customer of any planned downtime in advance. However, the Company is not responsible for delays or interruptions caused by third-party service providers, such as hosting services, internet service providers, or other external vendors.

8. Intellectual Property

All intellectual property rights related to the Service, including its features, design, and code, remain the property of the Company. The Customer is not granted ownership rights to any part of the Service. The Customer agrees not to copy, modify, distribute, or reverse-engineer any part of the Service without prior written consent from the Company.

9. Termination

• Termination by Customer: The Customer may cancel the subscription at any time through their account settings. Access to the Service will cease at the end of the current billing period. Subscription fees are non-refundable upon termination, and no credits or refunds will be issued for any unused portion of the subscription period.
• Termination by Company: The Company reserves the right to suspend or terminate the Customer’s access to the Service for breaches of this Agreement, failure to pay, or other legitimate reasons as determined by the Company.
• Effect of Termination: Upon termination, access to the Service and Customer Data will be revoked. The Company may retain Customer Data for a period of 30 days, after which it will be permanently deleted unless otherwise required by law.

10. Limitation of Liability

The Company’s liability is limited to the amount paid by the Customer for the Service in the 12 months preceding the event giving rise to the claim. The Company is not liable for indirect or consequential damages. Nothing in this Agreement limits the Company’s liability for death, personal injury, or any other matter that cannot be limited by law under HKSAR regulations.

11. Warranties

The Service is provided "as is" without any warranties of any kind, whether express or implied. The Company does not warrant that the Service will meet the Customer’s specific requirements or that it will be uninterrupted or error-free.

12. Claims, Liability, and Indemnity

The Customer agrees to indemnify, defend, and hold the Company harmless from any claims, losses, damages, or expenses arising out of the Customer’s use of the Service, including but not limited to claims of unlawful activities, data breaches, or violations of this Agreement, or any claims related to public statements or communications made by the Customer.

13. Support Services

The Company offers technical support to active Customers during business hours via phone, email or online chat. The Company will endeavor to respond to support requests within 48 hours but does not guarantee specific resolution times.

14. Third-Party Services & Integrations

The Service may integrate with third-party services. The Company is not responsible for any disruptions or limitations caused by these services and cannot guarantee their availability or performance. Customers acknowledge that third-party service providers have their own terms of service and privacy policies, which apply to the use of those services.

15. Machine Learning & Data Processing

The Customer acknowledges that the Company may use machine learning algorithms to analyze Customer Data in order to improve the performance, functionality, and security of the Service. Any data processed for machine learning purposes will be anonymized and will not include personal data unless expressly permitted by the Customer. The Company will comply with applicable laws regarding data processing and privacy.

16. Data Retention

Upon termination of the subscription, the Company will retain Customer Data for 30 days, after which it will be permanently deleted unless otherwise required by law. The Customer may request earlier deletion of their data, which will be subject to any applicable legal or regulatory obligations.

17. Service Modifications

The Company reserves the right to modify, update, or discontinue any feature of the Service at any time. The Company will provide reasonable notice to the Customer of any material changes that affect the Customer's use of the Service.

18. Transfer of Rights

The Company may not assign or transfer its rights and obligations under this Agreement to any third party without the Customer’s prior written consent, except as part of a merger, acquisition, or sale of assets, where the successor entity agrees to be bound by this Agreement.

19. Customer Responsibilities

The Customer is responsible for maintaining the confidentiality of their account credentials, ensuring compliance with this Agreement, and providing accurate information for account setup and billing.

20. Governing Law & Jurisdiction

This Agreement is governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the courts of HKSAR. For Customers outside HKSAR, the Company reserves the right to pursue legal action in the courts of their respective jurisdictions if necessary.

21. Miscellaneous

• Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Entire Agreement: This Agreement constitutes the entire agreement between the Company and the Customer regarding the use of the Service and supersedes all prior agreements or understandings.
• Force Majeure: The Company will not be liable for any delay or failure in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, acts of war, labor disputes, government actions, power failures, or internet disruptions.

22. Amendments to Terms

The Company reserves the right to modify, update, or amend these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the Company’s website or through other communication methods. The Customer is responsible for reviewing these Terms regularly to stay informed of any changes. Continued use of the Service after any modifications indicates acceptance of the revised Terms and Conditions. If the Customer does not agree to the updated Terms, they must cease using the Service and terminate their subscription in accordance with the termination provisions outlined in this Agreement.

23. Contact Information

For questions or concerns regarding these Terms and Conditions, please contact AirPurchase (Hong Kong) Limited at admin@airpurchase.com.

Last Update: 19 September, 2024