BondWithMe Terms and Conditions of Use
1. Parties to Agreement
This agreement is between Bond With Me Holding Limited, a Company incorporated in Hong Kong (the “Company”) and you, a user of any services or features of BondWithMe (the “Service”), which is provided by the Company.
2. Agreement to Terms and Conditions
2.1. You shall comply with these Terms and Conditions in your use of the Service. If you do not agree to these Terms and Conditions, you must not use the Service.
2.2. Minors under the age of thirteen (13) are not allowed to use the Service. For minors who are age 13 and above may use the Service provided consent is granted from their parents or guardian who must then agree to these Terms and Conditions (both for themselves and on the minors’ behalf) before these minors can use the Service. The definition of ‘minor’ is governed by the applicable laws and regulations in the jurisdiction, wherever the Service may be used by the minor.
2.3. By using the Service, you are agreeing or deemed to have agreed to these Terms and Conditions.
2.4. If there are additional or separate country-specific terms, then you as a citizen or resident of the specified countries shall also need to comply with the country-specific terms in your use of the Service.
3. Changes to Terms and Conditions
3.1. The Company reserves all rights to make any changes to these Terms and Conditions without any notification to you.
3.2. Any changes to these Terms and Conditions will become effective once the changes are posted on the website operated by the Company.
3.3. By continuing to use the Service after the Company make any changes to these Terms and Conditions, you are deemed to agree to the revised Terms and Conditions.
3.4. The Company is not obliged to provide a separate notification to you outlining any changes to these Terms and Conditions. As such, you are strongly encouraged to check the website operated by the Company on a regular basis for any changes to these Terms and Conditions.
4. Registration and Account Security
4.1. You need to register an account with the Company in order to access and use the Service.
4.2. You shall provide information which is true and accurate for the purposes of registering an account with the Company. You shall notify the Company to up date your information if there are any changes.
4.3. Any account you open with the Company is personal to you and you are the only lawful person to access or use your account. As such, you may not transfer, lend, gift or assign your account to any third party.
4.4. You are responsible for safeguarding any passwords used to access your account and use of the Service. Any activities conducted under a particular password are deemed to be conducted by the holder of that password himself/herself.
4.5. You may deactivate or/and delete your account with the Company at any time. However, the Company may suspend, deactivate or delete an account without giving prior notice to the account holder if the Company reasonably believes that there is a breach of the Terms and Conditions by the account holder.
4.6. The Company reserves all rights to deactivate or/and delete any account that has been inactive for a period of one (1) year or more since its last use of the Service, without any prior notice to you.
4.7. Upon deactivation or/ and deletion of your account, your personal data and all data relating to your usage of the Service may be retained in the Company’s storage temporarily before all data is deleted permanently at a time the Company deems fit.
5.1. Your privacy is the Company top concern. The Company will ensure that your privacy and personal information will be protected with security measures and monitoring systems in placed at all times.
6. Advertisements and Promotions
6.1. The Company reserves the right to include advertising and promotions for the Company or a third party, through the Service. Advertising and promotions shall include but not limited to all contents of official accounts of any business entity, brand, organization or individual.
6.2. The Company will never provide your personal information to any third parties without your consent, unless the Company is obliged and/or permitted to do so under applicable laws and regulations.
6.3 Advertisements or/ and promotions by you or any third party through the Service are prohibited without the Company’s prior written consent.
6.4 Any approved advertisements or/ and promotions by you or any third party for any goods or/and services through the Service shall not constitute an endorsement, support, guarantee, sponsorship or warranty by the Company.
7. Your Content
7.1. You acknowledge and agree that you are solely responsible for any content that you submit, upload, transmit or display through the software or use of the Service and that the Company is not responsible to you or any third party in connection with any content.
7.2. You further represent and warrant that:
(i) you are the creator and owner of or have the rights required to submit, upload, transmit or display the content, and to grant us the rights as set out in these Terms and Conditions;
(ii) your content shall not contain any false, misleading, offensive, fraudulent, or deceptive claim, statement or representation; and
(iii) your content do not infringe, violate or misappropriate any third party right, including copyright, trademark, patent, trade secret, privacy right or any other intellectual property or proprietary right or otherwise contravene any applicable laws or regulations.
8. Third Party Content and Services
8.1. The Company and its directors, officers, employees or agents are not responsible for and do not endorse, support or guarantee the lawfulness, quality, accuracy, reliability or suitability of any contents submitted or services provided by third party including contents provided by other user of the Service or by any advertisers or promoters, made available or linked through the Service.
8.2. You agree to comply with any further terms and conditions imposed by the third party as notified to you if you use or access any contents or services provided by the third party.
8.3. The Company shall not be liable for any defamatory, offensive, illegal, immoral conduct, contents or services provided by any third party through the Service.
8.4. You acknowledge that your use of any contents or services provided by any third party made available or linked through the Service is solely at your own risk.
9.1. You shall not engage or involve directly or indirectly in the following activities when using the Service:
(i) violation of the law, court verdicts, resolutions or orders or administrative measures that are legally binding;
(ii) hinder, disengage or disrupt public order or customs;
(iii) infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract;
(iv) post or transmit violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, etc; or anti social expressions that lead to the discomfort of others;
(v) misrepresentation of the Company and/or a third party, or intentionally spread false information;
(vi) sales, marketing, advertisements, soliciting or any other commercial purposes (except for those approved by the Company);
(vii) promoting religious activities or invitation to certain religious groups;
(viii) illegal or improper collection, disclosure or provision of other’s personal information, content user history, or the like;
(ix) interfere with the servers and/or network systems of the Company; and
(x) other activities that are deemed to be inappropriate by the Company.
10. Your Responsibility
10.1. You shall use this Service solely at your own risk, and shall bear all responsibility for all actions carried out and their results upon this Service. The Company shall not be liable for any defamatory, offensive, illegal, immoral content, services or conduct by you through the Service.
10.2. If the Company is aware that a user of the Service is violating the Terms and Conditions, the Company may take measures that the Company considers necessary and appropriate. However, the Company shall not be responsible for correcting or preventing such violation towards other users or others.
10.3. In the event where the Company has suffered loss/damage or has been charged an expense (including but not limited to solicitor’s fees) or indirectly (including but not limited to cases where the Company has been sued for damages by a third party) due to you violating applicable laws and/or the Terms and Conditions while using the Service, then you shall immediately compensate the Company upon request.
11. Intellectual Property Rights
11.1. All intellectual property rights in or to the Service and software (including future updates, upgrades and new versions) will continue to belong to the Company and/or our licensors.
11.2. You have no right to use our intellectual property rights including our trademarks, brand names, product names, logos, domain names, patents, copyright or other distinctive features without the Company’s prior written consent.
11.3. When using the Service involving you to download and using any software from the Company, then we grant you a limited, personal, non-exclusive, non-sub licensable, non-transferrable, royalty-free and revocable license to use the software in order to use the Service in accordance with these Terms and Conditions.
11.4. You shall not copy, modify, reverse compile, reverse engineer or extract source codes from the Company software, except to the extent permitted under applicable laws or regulations or you have our prior written consent to do so.
11.5. The Company may from time to time provide updates to our software which may occur automatically or manually. Kindly note that the Service may not operate properly or at all if upgrades or new versions are not installed by you.
11.6. The Company does not guarantee that we will make any updates available for any of our software, or that such updates will continue to support your device or system.
11.7. Any comments, feedback or suggestions that you provide regarding the use of the Service and/or software are entirely voluntary and the Company will be free to use these comments, feedback and suggestions at our discretion to improve the Service without any payment or other obligation to you.
12. Limitation of Liability
12.1. In no event or circumstances shall the Company and its directors, officers, employees or agents, be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any of the following:
(i) errors, mistakes or inaccuracies of contents;
(ii) personal injury or property damage or any nature whatsoever, resulting from your access to and use of the Service;
(iii) any unauthorized access to or use of the Company secure servers and/or any and all personal information and/or financial information stored therein;
(iv) any interruption or cessation of transmission to or from the Company servers;
(v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party;
(vi) any errors or omissions in any contents or for any loss or damage of any kind incurred as a result of your use of any contents posted, emailed, transmitted, or otherwise made available via the Company client, whether based on warranty, contract, tort or any other legal theory, and whether or not the Company is advised of the possibility of such damages; and /or
12.2. The foregoing limitation of liability shall apply to the fullest extent permitted by laws and regulations in the applicable jurisdiction.
13.1. You shall indemnify, defend and hold harmless the Company and its directors, officers, employees and agents from and against any and all claims, damages (actual and/or consequential), actions, proceedings, losses, obligations, liabilities, costs and expenses (including reasonable solicitor’s fees) suffered or reasonably incurred by the Company arising as a result of or in connection with any claim arising from or relating to:
(i) your breach of any of these Terms and Conditions;
(ii) your use of and access to the Service;
(iii) your breach of any third party right, including without limitation any copyright, property or privacy right; or
(iv) any claim that one of your submitted contents or status texts or other communications submitted by you caused damage to a third party.
13.2. The Company reserves the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against the Company without your prior consent.
14. Disclaimer of Warranties
14.1. The Company and its directors, officers, employees and agents disclaim all warranties, express or implied, in connection with the Service and the use thereof.
14.2. You expressly acknowledge and agree that use of the Service shall be at your sole risk as to satisfactory quality, performance, accuracy and effort is with you.
14.3. All of the Service is provided on an ‘as is’ and ‘as available’ basis, with all faults and without warranty of any kind to the extent permitted by applicable laws and regulations.
14.4. The Company hereby disclaims all warranties and conditions with respect to the Service, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability quality, of fit for a particular purpose, of uninterrupted, secure or error free or free from viruses, of quiet enjoyment and non-infringement of third party rights.
14.5. You waive any and all implied representations, warranties and undertakings to the extent permitted by applicable laws and regulations.
15. Notification and Contact
15.1. When the Company notifies or contact users regarding the Service, the Company may choose a communication mode that the Company considers appropriate, such as posting on the Company website.
15.2. You consent to the Company to send you through the Service any notification or/ and alert relating to the Service from time to time.
15.3. When you wish to notify or contact the Company in regard to the Service, you shall use the customer contact available on the Company website or other means designated by the Company.
15.4. You can report any abuse or complain about content by contacting us, outlining the abuse and/or complaint. You can also report a user stating the reason for the complaint and providing us with any additional information you think fit.
16. Force Majeure
16.1. The Company shall not be liable for failures, suspensions or delays in the Service caused directly or indirectly by wars, strikes, lockouts, earthquakes, floods, fires, explosions or similar catastrophes that are beyond its reasonable control and without its material fault.
17. Governing Law and Dispute Resolution
17.1. The Company may translate the Terms and Conditions into different languages. In the event of any contradiction between the English version and any translation, the provisions in the English version shall take precedence over any other translation.
17.2. These Terms and Conditions will be governed by the laws of the Hong Kong Special Administrative Region.
17.3. Any dispute, conflict or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms and Conditions and relating in any way to the use of the Service, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of arbitration will be in Hong Kong with only one arbitrator. All arbitration proceedings will be conducted in English.
17.4. You agree that any cause of action against the Company arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
BondWithMe provides a family social network site offering family members to connect and share with each other in our global community. As such, the Company placed importance and value in your privacy.
The Information We Collect
When you install the service on your device and register with BondWithMe, personally identifiable information about you may be collected during the download process for the Service when you register with us. For registration purposes with BondWithMe, you are required to provide your name, your gender and your mobile phone number. You may also provide us personally identifiable information such as your date of birth, your email address and your location details in order to use some features but that is optional.
For IOS device users, we may ask you to allow us access to your address book or photo album gallery to use certain features. If you consent, we will have access to your contact information in your address book and/or your photo album gallery on the devices you use for the Service. We will store this information on our servers and use it to help you use the service. If you do not allow us to access this information, then we may not be able to offer some of the features that require this information.
We may request access to your current location when you use certain features so that we can provide content that is suitable to your location. You are free to accept or block access to your location information.
The Company may also collect and store certain profile information including your country of residence, your usage and interaction with the service, information relating to usage of certain features, usage by geographical area, etc.
BondWithMe allows you to share text messages, photos and other communications with other users, and if you choose to do so, these will be stored in our servers. You should understand that by sending text messages, sharing photos and other communications, you may no longer be able to control how these information is used. We are not responsible for any use or misuse of information you shared.
How we use your information
We may use your personally identifiable information for the following purposes listed below:
• To provide our service to you;
• To verify your identity;
• To connect you with your family members and others as you permit;
• To prevent any unauthorized and/or fraudulent use of the service;
• To allow your use of certain features of the service that may be offered from time to time;
• To manage your account, deliver to you any notices, updates, alerts and communication relevant to your use of the service;
• To investigate and rectify any errors reported of the service;
• To conduct research and analysis aimed at improving existings service and developing new service;
• To perform identity checks when user makes inquiries and deal effectively with user inquiries;
• To aggregate statistical data regarding the service;
• To provide you with advertising and direct marketing that is more relevant to you;
• To allow you to participate in voluntary surveys about our services and products;
• To draw winners for promotional events, delivery of gifts or products purchased, etc;
• To process claims relating to purchased items and paid services; and
• To investigate, prevent or take appropriate action regarding any illegal or suspected illegal activities.
Sharing of your information
The Company will never provide your personally identifiable information to any other third parties without your consent, unless the Company is obliged and/or permitted to do so under applicable laws and regulations.
We also may share your personal information with third parties due to legal processes such as:
• In order to comply with applicable laws and regulations;
• In order to comply to a court order, subpoena or other legal process;
• In response to request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
• To establish and/or protect our legal rights, property or safety of our business or/and our affiliated companies and other users of our service.
The Company does not sell, license or rent out any personal information for their own or any third parties advertising purposes. We may disclose aggregated non-personal data to third parties for marketing and promotional purposes. The information gathered by these third parties is used to make predictions about your interests and preferences so that they can display tailored advertising to our users. That means we do not disclose any information that could be used to identify you.
Transfer and Storage of your information
Security of your information
The Company places utmost importance in protecting and preserving the integrity and security of your privacy and personally identifiable information. We use a variety of security technologies (such as password protection), system monitoring and procedures to prevent loss, misuse, unauthorized access or disclosure of personal information.
Despite our efforts, we cannot ensure or warrant the security of your information under our control or any information you transmit against loss, misuse or alteration. No data security measures can provide total guarantee as our systems and networks may be subject to security breaches and failures which are due to circumstances beyond our control. If we learn of a security system breach, then we may attempt to notify you through our website or through the service so that you can take appropriate protective steps.
Commitment to children’s privacy
Children under the age of thirteen (13) are not allowed to use our service. We do not knowingly collect or maintain personally identifiable information or non-personally identifiable information from any children under the age of 13.
If you are under 13 of age, then please do not use the service or access our site at any time or in any manner. If we become aware that personally identifiable information of any user under the age of 13 has been collected, we will deactivate the account and delete such information from our records.
If you want to stop using our service and delete your account, all your personally identifiable information will be disposed of in the correct manner in accordance with the law and Company regulations.
Notification of changes and updates