Access to and use of the contents and services provided on the Site shall be subject to this Privacy Statement and the Terms and Conditions”) as set out below
If you do not accept the Privacy Statement and/or the Terms and Conditions please do not join, access, view, download or otherwise use any services offered by POPA Limited via the Site. By your continued use of the Site, you acknowledge that you have read and understood the Privacy Statement and/or the Terms and Conditions and that you agree to be bound by all of its provisions. POPA Limited reserves the right to amend, add to, delete or revise the Privacy Statement and the Terms and Conditions at any time without prior notice. You are advised to periodically review the Privacy Statement and the Terms and Conditions. Your access to the Site and its services will be terminated upon your notice to POPA Limited that any change is unacceptable; otherwise your continued use shall constitute your acceptance of all changes and they shall be binding upon you.
In this Terms and Conditions, the following terms and expressions shall have the meanings specified below unless the context otherwise requires:
“Help Provider(s)” means user who provides or looks to provide assistances or services to other Help Seekers and has signed up on the Site as Helpa.
“Help Seeker(s)” means users seeking assistances or services via the Site.
“Sign up User(s)” means Users who sign up on the Site to obtain services offered by the Site. Unless the context provides otherwise, references in this Privacy Statement to “users” or “you” include references to generic users and Registered Users.
“Site” means any website, job portal or mobile application owned operated and managed by POPA Limited, its affiliates/subsidiaries or its service providers.
The terms “you”, “user” and “users” herein refer to all individuals and/or entities accessing and/or using the Site at any time for any reason or purpose.
Acceptable Site Uses
Specific Uses – Help Seeker
Help Seeker agrees that he/she shall only use the Site for lawful purposes and seeking assistances or services related to child care, child sitting, education and parenting only.
Help Seeker agrees to keep his/her login name and password with extra care and not to disclose them to any other person. Help Seeker is solely responsible for maintaining the confidentiality, safekeeping and security of such login name and password and shall notify POPA Limited immediately of any unauthorized use of the same.
Help Seeker confirms and acknowledges that he/she discloses his/her personal information and/or data to the Help Providers and/or POPA Limited of his/her own volition when he/she signs up or interacts with other users on or through the Site. By submitting, uploading or posting information on the Site, Help Seeker authorizes POPA Limited to store his/her personal information and/or data related thereto in the database of POPA Limited (“Database”). Help Seeker may send his/her personal information and/or data directly to any Help Provider on or through the Site.
POPA Limited will not release Help Seeker’s personal information and/or data to anyone without his/herpermission unless required by any authorized institution or obliged under the prevailing laws and regulations
Specific Uses – Help Provider
Help Provider agrees that it shall only use the Site for lawful purposes. Upon signing up with the Site, Help Providers will be entitled to use the Site to browse job posts published by Help Seekers. Subject to the conditions or requirements from time to time stipulated by POPA Limited regarding the access to Help Seeker’s personal information and/or data, Help Provider agrees that all information and/or data obtained as a result of such access shall only be used for the sole purpose of assessing the suitability of Help Seekers and that such information and/or data shall not be disclosed to any other parties without the prior consent of the Help Seeker concerned. Help Provider acknowledges and agrees that it shall disregard any information or data received from Help Seeker which is irrelevant to assessing the suitability of Help Seekers.
Help Provider shall be solely responsible for the information and materials he/she submits and/or links to web page posted on the Site. POPA Limited reserves the right to remove or edit, or require the removal or amendment of, any information, materials or links to web page as it sees appropriate, or to terminate or suspend the Help Provider’s access and use of the Site and/or services offered on or through the Site.
POPA Limited shall have the right to terminate any services offered to any Help Provider and to remove any information, materials and/or links to web page posted on the Site at POPA Limited’s sole discretion, without any compensation or recourse to Help Provider.
POPA Limited also reserves the right to charge service fee or institute new charges or fees, from time to time, as it deems appropriate.
Users agree(s) that: -
- All users shall not post any information and/or data that are false or inaccurate on the Site.
- All users shall not use the Site in any manner that infringes the intellectual property rights or proprietary rights of others.
- All users shall not print, download, duplicate, transmit or otherwise copy, reproduce, re-distribute, republish or use any personally identifiable information about other users. All unsolicited communications of any type to users are strictly prohibited.
- All users shall not delete, revise or remove any material posted by any other person or entity.
- All users are prohibited from violating or attempting to violate the security of the Site including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mail, including promotions and/or advertisements for products or services. Violations of system or network security may result in civil and/or criminal liabilities.
- All users shall not upload, post, publish, transmit, distribute, circulate or store any material in whatsoever way relating to the Site (i) in violation of any applicable laws or regulations; (ii) in any manner that may infringe the copyright, trademark, trade secrets or other intellectual property rights or proprietary rights of others or violate the privacy or publicity or other personal rights of others; (iii) that is harmful, defamatory, libellous, obscene, discriminatory, harassing, threatening, abusive, hateful, racist, blasphemous, false, illegal, improper or is otherwise offensive or objectionable; (iv) in the manner that causes unrest in politics, religion, national security or stability of POPA Limited; or (v) that contains viruses, trojan horses, worms, corrupted files or other materials that may interrupt, damage or limit the functionality and operation of the Site, the products or services offered on the Site, or of any computer software or hardware or telecommunication equipment.
- All users are prohibited in using screen scraping, data mining, robots or similar data gathering and extraction tools on the Site for establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication, except with our prior written consent of POPA Limited.
Intellectual Property Rights
All contents of the Site, including without limitation information, text, graphics, images, layout, designs, pictures, logos, editorial content, HTML and other proprietary materials on the Site (collectively “Contents”) are the intellectual property of POPA Limited or its licensors and are protected by copyright, trademark, patent and other intellectual property laws. Users acknowledge and agree that the Contents are made available solely for their personal non-commercial use. Except as otherwise provided in this paragraph, users shall not, and shall not procure, assist or facilitate any third party to copy, reproduce, transmit, publish, disseminate, distribute, redistribute, broadcast, circulate, store (in any medium), display, modify, sell or transfer or participate in the sale or transfer of or offer for sale of, create derivative works from, or in any way exploit any of the Contents, whether in whole or in part. Users may download or copy the Contents solely for their personal non-commercial use and/or users that are expressly permitted in this Privacy Statement and the Terms and Conditions, provided that users will not delete or amend any symbols or statements in the Contents that indicate the subsistence therein of copyright, trademark and any other proprietary rights. Users do not have any right, title or interest in or to any or any part of the Contents as a result of such downloading or copying. POPA Limited reserves all its rights of enforcement of all its intellectual property rights or proprietary rights in the Contents, including without limitation against any use of any of the Contents that is not expressly permitted under this Privacy Statement and the Terms and Conditions. For the avoidance of doubt, any purported consent of any third parties to the use of the Contents or any part thereof shall not in any way exonerate the users from the restrictions/prohibitions imposed hereunder in whatsoever manner.
POPA Limited reserves the right to monitor the Site and its contents at any time and from time to time, but is not obliged to do so. POPA Limited takes no responsibility whatsoever for any material on the Site that is not posted by POPA Limited or is otherwise posted by POPA Limited on behalf of a user. All users acknowledge and agree that they are fully responsible for the form, content and accuracy of any information, data, advertisement, web page and/or material submitted by them to POPA Limited or that is otherwise posted by them on or through the Site. POPA Limited does not warrant that any information, data, links to web page will be viewed by any specific number of users or that it will be viewed by any specific user. POPA Limited shall not in any way be considered an agent of either Help Provider or Help Seeker with respect to any use of the Site. POPA Limited shall not be responsible in any way for any decision, for whatever reason, made by any party on the Site, or of any party responding to or posting on the Site. Whilst POPA Limited has endeavoured to provide a quality service to Help Providers and Help Seekers, it does not warrant that the Site will operate error-free or that the Site and its server are free of viruses or other harmful mechanisms, that any defects will be corrected, or that the operation of the site will be uninterrupted, timely or secure. If use of the Site or its contents result in the need for servicing or replacing equipment or data, by any user, POPA Limited shall not be responsible for those costs and any loss or damage of whatever nature. The Site and its contents are provided on an “as is” basis without any warranties of any kind. To the fullest extent permitted by law, POPA Limited disclaims all warranties, including without prejudice to the foregoing, any warranties in respect of merchantability, availability of featured products or services, non-infringement of third party rights, fitness for particular purpose, or about the accuracy, reliability, completeness, timeliness or other qualities of the Site and the contents, services, software, text, graphics and links contained therein. Users should independently assess and verify the accuracy, completeness and reliability of the information on the site and to seek professional advice where necessary.
All users use the Site and any other websites accessed through it, entirely at their own risk. All users shall be responsible for their own communications and are responsible for the consequences of their activities on the Site. POPA Limited does not represent or guarantee the truthfulness, accuracy or reliability of any of the communications posted by other users or endorse any opinions expressed by users. Any reliance by users on any material posted by other users shall be at their own risk. POPA Limited reserves the right to expel any users and prevent their further access to the Site at any time for breaching this Privacy Statement and the Terms and Conditions or violating the laws and regulations and also reserves the right to remove any material which is abusive, illegal, disruptive or inappropriate at POPA Limited’s sole discretion without notice and/or consent whatsoever.
Links to Other Websites
The Site may contain links to third-party websites. These are provided solely as a convenience to users and as Internet navigation tools, and not in any way as an endorsement by POPA Limited of the contents on such third-party websites. Unless otherwise expressly stated on the Site, POPA Limited has no control over or rights in such third-party websites and is not responsible for their availability or security. If users access any linked third-party websites, they do so entirely at their own risk. POPA Limited shall not be responsible for the contents of any third-party websites linked to the Site or any links contained in such third-party websites or any changes or updates thereto, and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party websites. POPA Limited shall not be responsible or liable for any loss or damage of any kind arising from or in connection with the use of the products or services or contents of such third-party websites. Further, any data or material posted on the Site by any user may be viewed by users of other websites linked to the Site and POPA Limited shall not be responsible for any improper use by any user or third-party other than POPA Limited of any data or materials posted on the Site.
All users agree to indemnify, and hold harmless POPA Limited and its associated companies, officers, directors, employees, agents, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or relating to their use of the Site or its contents or their breach of this Privacy Statement and the Terms and Conditions, to the fullest extent permitted by applicable law. This indemnification shall be in addition to all other obligations of users under this Privacy Statement and the Terms and Conditions, and shall not prejudice any other rights or remedies available at law to POPA Limited.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POPA LIMITED AND ITS ASSOCIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR LOSS OR DAMAGE OF ANY KIND SUFFERED BY ANY USERS WHATSOEVER DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO THEIR USE OF OR INABILITY TO USE THE SITE AND ITS CONTENTS, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN SUCH CONTENTS, OR ANY DELETION, INCORRECT OR DELAYED TRANSMISSION OR LOSS OF ANY CONTENTS OR MATERIALS UPLOADED OR TRANSMITTED THROUGH THE SITE.
Dealing with Help Providers
User’s communication or business dealings with, or participation in promotions organized by, Help Providers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such Help Provider. POPA Limited shall not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such dealings or as a result of the presence of the Help Providers on the Site or as a result of the accuracy or truthfulness of any information or data posted by the Help Providers.
Dealing with Other Users
Notwithstanding POPA Limited uses its best endeavours to provide its services, and represents a media supporting information exchanged between Help Providers and Help Seekers, POPA Limited will not be involved in dealings or disputes between Help Seeker and Help Provider and POPA Limited shall not be responsible or held liable for the quality, security and legitimacy of the services provided by any user. POPA Limited does not warrant or guarantee the accuracy of the information provided by Help Seeker or Help Provider. Should any dispute arise between Help Provider and Help Seeker, Help Provider and Help Seeker should resolve such disputes between themselves and POPA Limited shall not be responsible and held liable for any disputes thereof.
Limitation of Liability
Without prejudice to the foregoing and subject to the applicable laws, the aggregate liability of POPA Limited to any user for all claims arising from or relating to his/her use of the Site shall be limited to the fees received by POPA Limited in respect of the services giving rise to such claims.
In the event that any information provided by the user is inaccurate, in breach of any laws or contains indecent elements, POPA Limited shall instantly abrogate the user’s account and membership without notice and reserves the right to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against such user. POPA Limited reserves the right at any time to immediately terminate or suspend any user’s account or access to the Site without notice, where POPA Limited is of the opinion that the user has breached any of this Privacy Statement and the Terms and Conditions or violated any law or regulation, and to take further action as POPA Limited in its sole discretion considers appropriate, desirable or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate. POPA Limited shall have the sole and absolute discretion to decide whether the user, Help Seeker or Help Provider has breached any of this Privacy Statement and the Terms and Conditions, and such decision shall be final. In case POPA Limited has not exercised the right under this Clause, it shall not be deemed to be a waiver.
Modification to Access or Site
POPA Limited reserves the right at any time and from time to time to modify, change, suspend, discontinue or restrict: (a) users’ access to, either temporarily or permanently, the Site (or any part thereof); or (b) the whole or any portion of this Site (and the services provided therein), with or without notice. POPA Limited shall not be liable to users or to any third party for any such modification, change, suspension, discontinuation or restriction.
POPA Limited will use its reasonable endeavours to ensure that its officers, directors, employees, agents and/or contractors exercise their prudence and due diligence in handling the personal data submitted by Help Seeker and that access to and processing of the personal information and/or data by such persons is on a “need-to-know” and “need-to-use” basis. POPA Limited will use its reasonable endeavours to protect Help Seekers’ personal information and/or data against any unauthorized or accidental access, processing or erasure of the personal information and/or data.
Governing Law and Jurisdiction
This Privacy Statement and the Terms and Conditions and any dispute or matter arising from or incidental to the use of the Site shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”)
Any dispute, controversy or claim arising out of or relating to this Privacy Statement and the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause:
In the event of any breach of this Privacy Statement and the Terms and Conditions by a party, the other party shall be entitled to remedies in law and equity as determined by arbitration.
- The appointing authority shall be Hong Kong International Arbitration Centre (“HKIAC”).
- The place of arbitration shall be in Hong Kong at HKIAC.
- There shall be only one arbitrator.
- The language to be used in the arbitration proceedings shall be English.
Without prejudice to the provisions of this Privacy Statement and the Terms and Conditions limiting or disclaiming liability, POPA Limited is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labour disputes, riots, insurrections, civil disturbances, shortage of labour or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts and non-performance of third parties.
The Terms and Conditions shall constitute the entire agreement between user and POPA Limited relating to his/her/its use of the Site, and shall replace and supersede all other communications (be it written or oral), discussions, letters and contracts relating to the subject matters hereof.
The provisions of this Privacy Statement and the Terms and Conditions shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event that any provision or any part of a provision of this Privacy Statement and the Terms and Conditions is determined to be or becomes illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions or remaining part of the provision of this Privacy Statement and the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision or part of a provision, there shall be added as part of this Privacy Statement and the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
Variation of Terms
- POPA Limited may vary this Privacy Statement and the Terms and Conditions at any time. If POPA Limited varies the same, it will provide notice by publishing the varied Privacy Statement and Terms and Conditions on the Site.
- You accept that by doing this, POPA Limited has provided you with sufficient notice of the variation to the same