Terms of Use
These Terms of Use ("Terms") form a legally binding agreement between you (the "User", "you" or "your") and PHB Solution Limited ("PHB", "we", "us" or "our") in relation to your access to and use of our services, website(s) and any related products or software (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
1. Definitions and Interpretation
- 1.1 "Subscription" means your subscription to one of the Services we offer under payment of the applicable fees.
- 1.2 "Subscriber" means the entity or person who enters into a Subscription and pays the applicable fees.
- 1.3 "Invited User" means a person invited by a Subscriber to access the Services under that Subscriber's account.
- 1.4 "User Data" means any data, information, content or material you submit to or input into the Services.
- 1.5 Interpretation: Words such as "include", "including" and "in particular" shall not limit the general language preceding them.
2. Joining and Using the Services
- 2.1 When you register for the Services and accept these Terms, you become a Subscriber (if you pay for a Subscription) or an Invited User (if invited by a Subscriber).
- 2.2 We grant you a non-exclusive, non-transferable right to use the Services for as long as your Subscription remains active and you comply with these Terms.
- 2.3 The Subscriber is responsible for the management of the Subscription.
- 2.4 You agree to provide accurate, complete and up-to-date information when registering.
- 2.5 We may offer free trial versions of the Services.
3. Fees, Payments and Billing
- 3.1 Subscribers agree to pay the fees set out in the pricing plan applicable to your chosen Subscription.
- 3.2 Unless otherwise specified, all payments are exclusive of applicable taxes.
- 3.3 If payment is not received, we may suspend or terminate your Subscription.
- 3.4 Subscriptions may automatically renew at the end of each billing period unless cancelled.
4. User Data and Privacy
- 4.1 You retain ownership of your User Data. By submitting User Data to us, you grant us a worldwide, non-exclusive, royalty-free licence to use, store, transmit, copy, analyze and back-up that data as required to provide the Services.
- 4.2 We process personal data in accordance with our Privacy Notice.
- 4.3 You are responsible for ensuring your use of the Services complies with applicable data protection laws.
- 4.4 We may create anonymized aggregate data from your User Data and use it for business intelligence purposes.
5. Confidentiality
- 5.1 Each party may receive confidential information of the other party. Each agrees to treat that information as strictly confidential.
- 5.2 Confidential information does not include information which is or becomes publicly known, is already known to the receiving party, is independently developed, or is required to be disclosed by law.
6. Security
- 6.1 We maintain reasonable technical, physical and administrative safeguards to protect your User Data.
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6.2 You agree to:
- (a) Protect your login credentials and not share them;
- (b) Use strong passwords and change them periodically;
- (c) Immediately notify us if you become aware of any unauthorized access.
- 6.3 We may require you to use additional security measures such as multi-factor authentication.
7. Acceptable Use
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7.1 You agree to use the Services lawfully and responsibly. In particular, you shall not:
- (a) Use the Services in a way that may damage, disable, overburden or impair the Services;
- (b) Upload, transmit or store any malicious software;
- (c) Attempt to reverse engineer or decompile the Services;
- (d) Use the Services to commit fraud or illegal acts;
- (e) Resell, lease, transfer or sublicense the Services;
- (f) Use the Services in violation of export control or trade laws.
- 7.2 We reserve the right to enforce limits and to suspend or terminate accounts that excessively use the Services.
8. Maintenance, Availability and Data Backup
- 8.1 We aim to make the Services available 24/7 but cannot guarantee uninterrupted access.
- 8.2 You are responsible for backing up your User Data.
- 8.3 If systemic downtime occurs, we may offer compensation at our discretion.
9. Changes to these Terms
- 9.1 We may amend these Terms from time to time.
- 9.2 For material changes, we will give at least 30 days' notice.
- 9.3 If you do not accept a material change, you may terminate your Subscription.
10. Termination
- 10.1 You may terminate your Subscription by giving one month's written notice.
- 10.2 We may terminate or suspend your Subscription immediately if you breach these Terms.
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10.3 On termination:
- (a) Your right to use the Services ends;
- (b) We may archive or delete your User Data;
- (c) No refund will typically be due for the unused portion.
11. Liability and Indemnity
- 11.1 You shall indemnify and hold harmless PHB from and against any losses arising from your use of the Services or breach of these Terms.
- 11.2 Our Services are provided "as is".
- 11.3 Our aggregate liability shall be limited to the amount of fees paid by you in the 12 months preceding the claim.
12. Dispute Resolution
- 12.1 You agree to first attempt to resolve any dispute informally by contacting info@phbsolution.com.
- 12.2 If the dispute cannot be resolved informally, the parties agree to submit to arbitration administered by the HKIAC or the Small Claims Tribunal of Hong Kong.
- 12.3 These Terms do not permit class actions or representative proceedings.
13. Miscellaneous
- 13.1 Relationship: Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
- 13.2 Assignment: We may assign our rights. You may not assign yours without written consent.
- 13.3 Notices: Any notice to us must be sent to info@phbsolution.com.
- 13.4 Severability: If any provision is found invalid, the remaining provisions remain in effect.
- 13.5 Entire Agreement: These Terms constitute the entire agreement.
- 13.6 Governing Law: These Terms are governed by the laws of Hong Kong SAR.
14. Contact Us
If you have any questions about these Terms, please contact us at:
PHB Solution Limited
Email: info@phbsolution.com