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.
4. Provision of the Offering by Clare.AI
5. Use of Clare.AI’s Offering
6. Security of your account
7. Content in the offering
8. Intellectual Property Rights
9. Termination of your relationship with Clare.AI
10. Refund Policy
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:
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.
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
Clare.AI is committed to protecting and respecting your privacy.
(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;
(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) 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.
We will keep the personal data we hold confidential but may provide information to:
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.
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.
7.3 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:
Address: 1/F, 8 Mercer Street, Sheung Wan, Hong Kong
Tel: +852 8192 9363
Email: [email protected]
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.
Last updated: 1 August 2017