Terms and Conditions

Last Update: May 22, 2020

 

Thanks for Joining Us!  The Letz BIG Community!

 

Our vision is to develop the globally adopted universal consumer feedback platform and promote a new “BIG” consumer culture, together inspires ongoing innovations that make our world better. 

 

This Terms and Conditions (the “Agreement”) aims to create a constructive and positive environment for achieving such vision.   We are also committed to protecting the privacy of every user, in particular to substantially trim down the request for personal details so to encourage users to share their feedback more openly through an anonymous approach.  You could view our Privacy Policy here.

 

This Agreement governs the relationship between you and Idearosity Company Limited (hereinafter “Operator”, “We”, “Our”, or “Us”), a Hong Kong SAR company (Business Registration Number 67956949 - 000) regarding your use of the Letz BIG mobile application (the “Platform”).

 

Your installation, access, and use of our Platform is conditioned on your full acceptance and compliance with the Agreement at any time.  Your account creation certifies that you have read, understood and agreed to be bound by the Agreement.

We may change, modify, add or remove portions of the Agreement, the Privacy Policy and other relevant policies when needed by posting the amended version on letzbig.com/tc-en.  You may visit this anytime for the most up-to-date version of the Agreement. 

 

If at any point you do not agree to any portion of the then-current terms, you can leave our platform immediately, although we would be sad to see you leaving.  If you ever have that in mind or have any question or comment, do reach out to us at [email protected], hopefully we could resolve your concerns and convince you to stay with us.

 

1. Your License and Ownership

 

Grant of a Limited License to Use the Platform

 

Subject to your continued compliance with the Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use our Platform for your own non-commercial purposes.

 

Any violation can result in the immediate revocation of your license and may subject you to liability.

 

License Limitations and Intellectual Property Rights

 

Using our Platform does not give you ownership or any intellectual property rights in our Platform, your user account, or contents that you access, including but not limited to user interface, graphics, branding, logos, editorial contents, scripts and software.  No portion of the Platform nor content may be reproduced in any form or by any means, except as expressly permitted.  You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Platform in any manner.

 

2. Prohibited Uses for all Users

 

You agree not to use our Platform for any of the below prohibited purposes:

 

• Engage in any act that we deem to be in conflict with the spirit of our Platform.

• Attempt to abuse, harass, threaten, impersonate, insult or intimidate anyone in any way.

• Disclose details that will make an individual person identifiable, including but not limited to name, staff number, or job title.

• Transmit any content that is libellous, defamatory, obscene, pornographic, or that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, intellectual property or other right of any person or entity.

• Communicate with user intending to obtain: password, account, or private information.

• Create multiple accounts for abusive purposes.

• Create or transmit unwanted spam, malicious programs or contents to our Platform.

• Use any information obtained from our Platform in order to contact, advertise to, solicit any user to buy or sell any product or services, unless expressly agreed by us in writing.

• Use our Platform for illicit activities in the eyes of the applicable law.

• Attempt to interfere with the results of our Platform, such as vote counts or comments.

• Institute, assist, or become involved in any type of attack that interferes with the proper working of the Platform, or extracts information from our users.

• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property of our Platform.

 

In some cases, we may issue a reminder to you individually to make you aware of any violation.

 

3. Your User Content

 

Submission of User Content

 

“User Content” means any communications, including but not limited to text, images, videos, sound records, and all the materials, data, and information that you upload or transmit to our Platform.

 

You also acknowledge and agree that any of your personal information within such content will be at all times processed by us in accordance with our Privacy Policy.

 

You are responsible for the content you share, and for any consequences thereafter. Please provide content that you are comfortable with and in accordance with this Agreement.

 

Granting Us Your User Content License

 

By submitting or transmitting any User Content to our Platform, you hereby unconditionally grant us a fully paid-up, perpetual, non-exclusive, irrevocable, transferable, worldwide, and royalty-free license (including the right to sublicense and assign to third party) and right to: store, use, copy, distribute, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publicly display, publicly perform, translate, publish any User Content (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed and/or implemented in any manner and for any purpose that we deem appropriate.  This licence continues even if you stop using our Platform or with your user account terminated.

 

Content Screening

 

We are not responsible for monitoring the Platform for inappropriate User Content or conduct.  Please be aware of your risk when using our Platform as you may be exposed to contents that are offensive, indecent, inaccurate or otherwise not in line with our expectations.  Your User Content may also be viewed by other users of our Platform without you being notified.

 

We may monitor, remove, or moderate submitted User Content, without any inclination for censoring, except for the cases that violate our Agreement.

 

You agree to provide your irrevocable consent to our monitoring and recording of your interaction with our Platform when we believe it is necessary.

 

4. Your User Account

 

Ensure Your Own Account Safety

 

To protect yourself, keep your login information confidential, nor let anyone else access your account or do anything that might jeopardize the security of your account.  Notify us and modify your login information if you become aware of or reasonably suspect any breach of security.  You are responsible for anything that happens on or through your account, whether authorized by you.

 

Suspension and Termination of Account and Platform

 

We may limit, suspend, terminate, or modify your account or access to the Platform, if we suspect that you are failing to comply with the Agreement, or suspected illegal or having improper use of our Platform.  You can lose your account related information and we are not obliged to compensate you for any such losses or results.

 

We may delete your account if it remains inactive for a prolonged period, no shorter than one year, without prior notice.

 

You can inform us any user account violation at [email protected], or if you wish to terminate your own account.

 

5. Our Disclaimer of Warranties

 

We offer our Platform at a reasonable level of skill and care, but there are aspects that we are not able to promise.

 

Our Platform is provided on an “as is” and “as available” basis for your use, without any specific promises about its reliability, availability or ability to meet your needs.  For example, we do not make commitments that our Platform will be free from viruses or other malicious components, and do not warrant the accuracy of information provided by third-party product or service providers that are made available on our Platform.

 

It is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your security requirements, if any.

 

We may assist you but has no obligation to become involved in any of your disputes with any other users of our Platform. 

 

If you have a dispute with another user, you agree to release us (and our officers, directors, partners, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) or every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

 

You agree to fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, such as granting us access to any password-protected portions of your account.

 

Some jurisdictions provide for certain warranties, and to the extent permitted by law, we exclude all warranties.

 

6. Limitation of Liability

 

Under no circumstances, whether in tort, contract, negligence, strict liability or otherwise any other legal theory, shall we or any of our trusted partners, agents, vendors or suppliers be liable for any indirect, incidental, consequential, special, punitive or other similar damages whatsoever (including, without limitation, loss of revenues, lost profits, business interruption, lost information, loss of goodwill, loss or corruption of data, work stoppage, accuracy of results, or other intangible losses however such losses are qualified) arising out of your use of our Platform, or for any breach of security associated with the transmission of sensitive information associated with the Platform, or for any infringement of third party’s intellectual property rights by your submitted User Content, even if we have been advised of the possibility of such damages or should have known of the possibility of such damages.  

 

Our total cumulative liability for any and all claims in connection our Platform will not exceed ten Hong Kong dollars (HK $10).  You acknowledge that the foregoing limitations on liability are an essential basis of the bargain and that we would not offer you our Platform in absence of such limitation.

 

7. Dispute Resolution and Governing Law

 

If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution at [email protected].

 

Otherwise, you agree that all disputes shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, without regard to conflict of law provisions.

 

You further agree to resolve any dispute or claim through binding arbitration, rather than in court.  The appointing authority shall be the Hong Kong International Arbitration Centre, or alternatively appointed by us where we deem appropriate.  The place of arbitration shall be in Hong Kong.  There will be only one arbitrator, and English will be used as the language of proceedings.

 

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

 

8. Severability

 

You agree that if it turns out that a particular term is not enforceable, this will not affect any other terms and they shall continue to be in full force and effect.

 

9. General Provisions

 

Ongoing Updates

 

We are constantly improving our Platform so we may limit, change, add or remove contents, functionalities or features and may suspend or stop our Platform altogether.

 

We may require you accept updates to our Platform installed on your device.  You agree that we may update our Platform with, or automatically without notifying you.

 

Assignment

 

We may assign or delegate this Agreement, in whole or in part, to any person or entity at any time without your consent.

 

This Agreement does not create any third party beneficiary rights.  You may not assign or delegate any rights or obligations under the Agreement without our prior written consent, and any unauthorized assignment and delegation by you are ineffective.

 

Supplemental Policies and Entire Agreement

 

We may publish additional policies related to specific services.  Your right to use such services subjects to those specific policies and this Agreement.

 

This Agreement, any supplemental policies and any documents expressly incorporated by reference therein (including the Privacy Policy), contain the entire understanding of you and us, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by customer, practice or precedent, between you and us with respect to the Platform.

 

No Wavier

 

The failure of us to enforce strict performance by you of any provisions of the Agreement, or failure to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision.

 

Any express waiver by us to you of any provision, condition, or requirement of the Agreement, shall not constitute a waiver of any future obligation to comply such.

 

Except expressly and specifically set forth in this Agreement, no representations, statements, consents, waivers, or other acts or omissions by us shall be deemed a modification of the Agreement nor legally binding, unless document in physical writing, hand signed by you and a person duly appointed by us.

 

Equitable Remedies

 

You acknowledge that the rights granted, and obligations made under this Agreement are of a unique and irreplaceable nature, so that the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

 

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of us.

 

Force Majeure

 

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.