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TERMS OF SERVICE

1.     Your use of any services or products (also referred to as “offering”) offered by Clare.AI Limited is subject to the terms and conditions mentioned in this document, without prejudice to any additional terms which may be part of the agreement specific to the service that you wish to avail. Your agreement with Clare.AI Limited will always include, at a minimum, the terms and conditions set out in this document.

 

2.     The terms “Clare.AI”, “we”, “us”, “our” or any grammatical variation of the preceding terms shall refer to Clare.AI Limited, whereas the terms “you”, “your” or any grammatical variation shall refer to our clients or the user of any of our interfaces including but not restricted to our websites or e-mails.

 

 

3.     Acceptance of Terms of Services

1.     You are expected to be aware of our terms of services prior to making use of our services. Your use of our websites or any other means of communication to interact with us shall be construed as your acceptance of our Terms of Service even if no transaction has taken place.

  1. In order to make use of our services you must agree to the terms laid down in this document. You may not make use of our services if you do not agree to our terms of service.

 

4.     Provision of the Offering by Clare.AI

  1. Clare.AI intends to provide you with the finest services and products and we would try to innovate our services with time. You acknowledge that the nature or the form of the services offered by us may change with time.
  2. You acknowledge and agree that Clare.AI may stop (permanently or temporarily) providing the offering (or any features within the offering) with or without notice, generally at Clare.AI’s sole discretion.
  3. You acknowledge and agree that while Clare.AI may not currently limit your use of the offering in any way, it may do so if your use hinders with the ability of Clare.AI to carry on its operations or the ability of other customers to use the offering.
  4. The supply of the offering will be subject to your making payments at the regular intervals in the manner as stated in the contract for the service. In the event of the service being permanently or temporarily stopped by us, Clare.AI’s liability shall extend only to forfeiting the outstanding amount due for the current billing cycle. Clare.AI shall not be called on to repay any amount received by us during any previous billing cycle.
  5. Clare.AI shall not be responsible for any loss or damage caused by modification of the features, limitation of use of our offering or the discontinuation altogether thereof.

 

5.     Use of Clare.AI’s Offering

  1. In order to access certain offering or for your continued use of the offering, you may be required to provide information about yourself. You agree that any information you give to Clare.AI will always be accurate, correct and up to date. Clare.AI shall not be liable for any loss or damage caused due to faulty information provided to us by you.
  2. We may share client’s personal information with our employees or any third parties as and when considered necessary by us (e.g. certain information of our clients could be shared with third parties for the process of payment for our services). For more information regarding the manner in which client’s personal information handled by Clare.AI kindly refer to our Privacy Policy.
  3. Unless you have been specifically permitted to do so in a separate agreement with Clare.AI, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose.
  4. You agree that you are solely responsible for any breach of obligations on your part of the Terms mentioned in this document or in any contract between you and Clare.AI and for the consequences (including any loss or damage which Clare.AI may suffer) of any such breach.
  5. We try to ensure that any confidential information provided by you is protected. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into Clare.AI’s database, Clare.AI shall not be made liable for the resulting damages.
  6. The third party web sites may use technology to send (or “serve”) the content of our web site and to process payments for the purchase of services on our web site etc. Third parties may host the servers that deliver our hosted services to our customers. Hyperlinks to the websites of third parties might be placed on our websites. The use of the services offered by such third parties shall not be subject to this document or our Privacy Policy. Clare.AI provides a platform to help our users in making use of services provided by other parties. Clare.AI shall not be responsible for the services provided by any third party.

 

6.     Security of your account

  1. Clare.AI shall provide its services primarily through its websites. You might need to make use of a web-based account to make use of our services. You agree and understand that you are responsible to Clare.AI and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the offering. You will be solely responsible for all activities that occur under your account.
  2. Clare.AI will take due care to ensure the confidentiality of your credentials. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into Clare.AI database, Clare.AI shall not be made liable for the resulting damages.
  3. If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned personnel at Clare.AI immediately.

 

7.     Content in the offering

  1. You should be aware that content presented to you as part of the offering, including but not limited to advertisements and promotional material of Clare.AI or other companies, is protected by intellectual property rights which are owned by Clare.AI, or the sponsors or advertisers who provide that content to Clare.AI (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically permitted to do so by Clare.AI or by the owners of that content, in a separate agreement.
  2. Any content being disseminated using Clare.AI’s sales network or the product, service or platform may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and / or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action.
  3. You agree that you are solely responsible for (and that Clare.AI has no responsibility to you or to any third party for) any content that you create, transmit or display while using our offering or for the consequences of your actions (including any loss or damage which Clare.AI may suffer) by doing so.

 

8.     Intellectual Property Rights

  1. You acknowledge and agree that Clare.AI owns all legal right, title and interest in and to the offering, including any intellectual property rights which subsist in the offering (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the offering may contain information which is designated confidential by Clare.AI and that you shall not disclose such information without Clare.AI’s prior written consent. Unauthorised use of our trademark, logos etc shall be punishable under appropriate Hong Kong laws.
  2. You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
  3. Unless Clare.AI has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.
  4. The payment mode for the offering may be either fixed, invoice based or recurring. The payment cycle will be in the manner decided at the discretion of Clare.AI.

 

9.     Termination of your relationship with Clare.AI

  1. The Terms will continue to apply until terminated by either you or Clare.AI as set out below.
  2. Clare.AI may at any time, terminate its legal agreement with you if:
    1. you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
    2. Clare.AI is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful).
  3. When these terms come to an end, all of the legal rights, obligations and liabilities that you and Clare.AI are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
  4. If you terminate the service, we will not be able to transfer the ownership of the social media accounts to you or any third parties. All account followers and data will be lost.

 

10.  Refund Policy

  1. Clare.AI does not offer a refund policy, services purchased cannot be refunded.
  2. Charges for the month may be refunded if Clare.AI is unable to provide the services offered and described on this website.

 

Exclusion Of Warranties

1.     You Expressly Understand And Agree That Your Use Of The Offering Is At Your Sole Risk And That The Offering Are Provided On An “As Is‟ And “As Available‟ Basis.

2.     In Particular, Clare.AI Does Not Represent Or Warrant To You That: (A) Your Use Of The Offering Will Meet Your Requirements, (B) Your Use Of The Offering Will Be Uninterrupted, Timely, Secure Or Free From Error (C) Any Information Obtained By You As A Result Of Your Use Of The Offering Will Be Accurate Or Reliable, And

3.     Any Material Downloaded Or Otherwise Obtained Through The Use Of The Offering Is Done At Your Own Discretion And Risk And Clare.AI Will Not Be Responsible For Any Damage To Your Computer System Or Other Device Or Loss Of Data That Results From The Download Of Any Such Material.

4.     No Advice Or Information, Whether Oral Or Written, Obtained By You From Clare.AI Or Through Or From The Offering Shall Create Any Warranty Not Expressly Stated In The Terms.

5.     Clare.AI Further Expressly Disclaims All Warranties And Conditions Of Any Kind, Whether Express Or Implied, Including, But Not Limited To The Implied Warranties And Conditions Of Trade, Fitness For A Particular Purpose And Non-Infringement

 

Limitation of Liabilities

1.     Subject To Overall Provision In Clause 11 Above, You Expressly Understand And Agree That Clare.AI Shall Not Be Liable To You For:(A) Any Direct, Indirect, Incidental, Special, Or Consequential Which May Be Incurred By You, However Caused And Under Any Theory Of Liability. This Shall Include, But Not Be Limited To, Any Loss Of Profit (Whether Incurred Directly Or Indirectly), Any Loss Of Goodwill Or Business Reputation, Any Loss Of Data Suffered, Cost Of Procurement Of Substitute Goods Or Offering, Or Other Intangible Loss;(B) Any Loss Or Damage Which May Be Incurred By You, Including But Not Limited To Loss Or Damage As A Result Of:

 

2.      

1.     Any Changes Which Clare.AI May Make To The Offering, Or For Any Permanent Or Temporary Cessation In The Provision Of The Offering (Or Any Features Within The Offering);

2.     The Deletion Of, Corruption Of, Or Failure To Store, Any Content And Other Communications Data Maintained Or Transmitted By Or Through Your Use Of The Offering;

3.     Your Failure To Provide Clare.AI With Accurate Account Information;

4.     Your Failure To Keep Your Password Or Account Details Secure And Confidential

 

Changes to the Terms

1.     Clare.AI may make changes to the terms from time to time. Clare.AI shall try to inform you of such changes as early as possible. Your continued use of the offering will indicate your acceptance of the modified terms.

 

2.     You understand and agree that if you use the offering after the date on which the terms have changed, or after the date by which you have to respond as per these terms has passed, Clare.AI will treat your use as acceptance of the amended terms.

 

General legal terms

1.     The terms constitute the legal agreement between you and Clare.AI and govern your use of the offering, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any offering which Clare.AI may provide to you under a separate written agreement), and completely replace any prior agreements between you and Clare.AI in relation to the offering.

 

2.     You agree that if Clare.AI does not exercise or enforce any legal right or remedy which is contained in the terms (or which Clare.AI has the benefit of under any applicable law), this will not be taken to be a formal waiver of Clare.AI’s rights and that those rights or remedies will still be available to Clare.AI.

 

Dispute Resolution

1.     You and Clare.AI agree that any dispute regarding agreement(s) between you and us shall be referred to arbitration. The arbitrator shall be appointed by Clare.AI and the seat of arbitration shall be Hong Kong.

 

2.     Any other dispute or disagreement of a legal nature will also be decided in accordance with the laws of Hong Kong, and the Courts of Hong Kong shall have exclusive jurisdiction in all such cases.

 

Last updated: 1 August 2017

 

 

 

WEBSITE PRIVACY POLICY

(the “Privacy Policy”)

Clare.AI is committed to protecting and respecting your privacy.

This policy (together with our Terms of Use and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

1                    Information collection 

1.1               In order to provide a better service to you, we may collect and process the following data about you:

(a)       information that you provide by filling in forms on our website www.clare.ai (the “Site”). This includes information provided at the time of registering to use our Site, subscribing to our service, posting material or requesting further services. We may also ask you for information at other times, for example in connection with a promotion or when you report a problem with our Site;

1.2               We only retain personal data for so long as it is necessary. Data may be archived as long as the purpose for which the data was used still exists.

2                    Uses made of the information 

2.1               The purposes for which information may be used by us in and outside the Hong Kong Special Administrative Region include:

(a)       ensuring that content from our Site is presented in the most effective manner for you and for your computer;

(b)       providing you with alerts, newsletter, education materials or information that you requested or signed up to;

(c)       carrying out our obligations arising from any contracts entered into between you and us;

(d)       allowing you to participate in interactive features of our service, when you choose to do so;

(e)       designing and conducting surveys/questionnaires for client profiling/segmentation, statistical analysis, improving and furthering the provision our products and services;

(f)        complying with laws and regulations applicable to us or any of our affiliates in or outside the Hong Kong Special Administrative Region;

(g)       legal proceedings, including collecting overdue amounts and seeking professional advices;

(h)       researching, designing and launching services or products including seminars/events/forums;

(i)         promoting and marketing services and products subject to your exercise of the opt-out right (please see further details in Clause 2.2 below); or

(j)         purposes directly related or incidental to the above.

2.2               We intend to use your data in direct marketing and we require your consent (which includes an indication of no objection) for that purpose. In this connection, please note that:

(a)       your name, contact details (including address, contact number, email address), products and services information, transaction pattern and behaviour, background and demographic data held by us from time to time may be used by us in direct marketing;

(b)       the following classes of services, products and subjects may be marketed in direct marketing:

(i)          services and products related to our Site and/or our affiliates (including marketing affiliates programs we are a part of);

(ii)         reward, loyalty or privileges programmes, promotional offers and related services; and

(iii)        invitations to events such as seminars/webinars/tele-seminars, conferences, live programs or events.

(b)       We may conduct direct marketing via fax, email, direct mail, telephone and other means of communication or send e-newsletters to you. You may choose not to receive promotional materials, by simply telling us (see below for contact details), and we will cease to do so, without charge.

3                    Disclosure of your information 

We will keep the personal data we hold confidential but may provide information to:

(a)       personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services;

(b)       our overseas offices, affiliates, business partners and counterparts (if any);

(c)       persons under a duty of confidentiality to us;

(d)       persons to whom we are required to make disclosure under applicable laws and regulations in or outside the Hong Kong Special Administrative Region; or

(e)       actual or proposed transferees or participants of our services in or outside the Hong Kong Special Administrative Region.

4                    Security 

4.1               All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

4.2               Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

5                    Changes to our Privacy Policy

Any changes we may make to our Privacy Policy in the future will be posted on this page.

6                    Data transfers

We may hold your data on servers in America and any other territories as we see fit from time to time. We may also transfer your data to our overseas offices or to any people listed at Clause 3 above, who may be located in or outside of the Hong Kong Special Administrative Region.

7                    Your consent and rights

7.1               By using our service, making an application or visiting our website, you consent to the collection and use of your information and other activities as outlined in this policy.

7.2               Under the Hong Kong Personal Data (Privacy) Ordinance (the "Ordinance"), individuals have the right:

(a)       to check whether we hold personal data about you and to access such data;

(b)       to require us to correct as soon as reasonably practicable any data relating to you that is inaccurate;

(c)       to ascertain our policies and practices in relation to personal data and the kind of personal data held by us; and

(d)       to object to the use of your personal data for marketing purposes and we shall not use your personal data for marketing purposes after you communicate your objection to us.

7.3               You may exercise your opt-out right by notifying us if you wish to object to the use of your personal data for direct marketing purposes. Please send requests for such objections, access to data, correction of data, information regarding policies and practices and kinds of data held, questions or complaints to:

Name: Clare.AI
Address: 1/F, 8 Mercer Street, Sheung Wan, Hong Kong
Tel: +852 8192 9363
Email: [email protected]

7.4               In accordance with the terms of the Ordinance, we have the right to and may charge a reasonable fee for processing any data access request.

7.5               In the event that a User wishes to access or amend his or her personal information and data, the Company may request him or her to provide personal details in order to verify and confirm his or her identity. A HKID card number or passport number or business registration certificate number cannot be amended unless such data is proved to be inaccurate. The Company is required to respond to a User's request within seven (7) days of his or her request and will endeavor to do so wherever possible.

8                    Governing law and jurisdiction 

Nothing in this Privacy Policy shall limit the rights of the data subject under the Ordinance. This Privacy Policy shall be governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.

Last updated: 1 August 2017