TERMS OF SERVICE
1. Operation & variation
1.1 www.amigo.com.hk (Website) is a website owned and operated by Shepherd Asia Limited (we, us, our). The sole purpose of the Website is to provide users and customers with access to downloadable online guides which provide direction on setting up and operating businesses in Hong Kong (Guides). For more information about Shepherd Asia Limited please visit www.shepherd-asia.com.
1.2 our agreement with you. by using the Website and/or purchasing Guides for download, you agree to these terms of service, along with such other terms and policies referred to herein (Terms).
1.3 Changes to our Terms and pricing. we reserve the right to change our Terms and/or the price of our Guides from time to time without notice to you. The amended Terms will be effective from the date they are published on our Website. Your continued access and use of our Website and/or any download of any Guide shall represent your unconditional acceptance of the latest version of these Terms.
1.4 Risks of correspondence/data transmission. we may choose to communicate with you via email, WhatsApp or by either phone or video call as and when required. You agree that the security of these methods of communication and, therefore, the transmission of any data using these methods, cannot be guaranteed and we are not responsible for any loss or damage caused as a result, provided that we have taken reasonable security measures.
1.5 Definitions. For the purpose of these Terms, the following definitions shall apply:
(a) Intellectual Property Rights – means any and all patents, trade marks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
(b) Content - means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to the Website and/or the Guides (as indicated).
2. Our Guides & website
2.1 Disclaimer. our Guides and Website are and intended to offer general information of interest and guidance on the formation and operation of a business in Hong Kong. The information provided in these Guides and the Website is not intended to replace or serve as a substitute for any audit, advisory, tax, legal or other professional advice, consultation, service or product. Based on specific facts or circumstances, the application of laws and regulations may vary, and you should always seek professional advice to ensure corporate and/or personal compliance.
We shall use our reasonable commercial endeavours to ensure the accuracy of all Content (in both the Guides and on the Website) but we give no warranties and make no representations, express or implied, statutory or otherwise as to the accuracy, quality and/or completeness of the Content and/or its fitness for purpose. Further, in terms of the Website, we do not guarantee or warrant that your access to it will be uninterrupted, without delay or that the Website will be free from viruses etc.
You also agree that the responsibility for the content of advertisements appearing on our Website rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and/or services and each advertiser is solely responsible for any representations made in connection with its advertisement.
2.2 Access. we reserve the right at our sole discretion to deny you access to the Website or any part of it without notice and to decline to provide our Guides to you if you are in breach of any of these Terms.
2.3 Intellectual Property. The Intellectual Property Rights in and to the Content of both the Website and the Guides are owned or controlled by or licensed, to us, by a third party. Except for the rights granted to you pursuant to paragraph 2.4 below, nothing in these Terms shall confer on you any right, title or interest in the Content (of either the Website or the Guides) and all other rights are reserved to us.
2.4 Licence. Subject to these Terms, when you purchase a Guide for download or use the Website, you are granted a non-transferrable, non-exclusive licence to use the relevant Content for your own personal purposes. This means that, unless you have our express written consent or you are expressly authorised by law to do so, you shall not:
(a) use the Content for any commercial or other non-personal purpose;
(b) make any copies of the Content or transfer the Content to any other device or any other person; or
(c) otherwise reproduce, distribute, communicate to the public, modify (which includes the removal or any of our trade marks or branding), reformat, prepare derivative works of or display the Content.
2.5 Suspension. you acknowledge and agree that we may cease to supply any of Content to you at our sole but absolute discretion if you are in breach of any of these Terms.
2.6 Third party links. Certain links, including hypertext links on the Website will take you away from the Website. Links are provided for your convenience only and inclusion of any link does not imply endorsement or approval, by us, of the linked site, its operator or its content. we are not responsible for the content of any website outside of our Website.
2.7 Additional support & complaints. from time to time, we may offer you additional support, but this is at our sole and absolute discretion. Any additional support will be treated, for the purpose of these Terms, as if it formed part of the Guide at the time of purchase (i.e. all limitations as to accuracy and liability etc. in these Terms will apply). If you have any questions, concerns or would like to raise a compliant regarding the Website, our Guides or any Content, please contact us hi@amigo.com.hk.
3. Registration, Payment & Download
3.1 Registration. if you choose to purchase a Guide, you may be required to register an account on the Website.
3.2 Guide purchase. Once you have made payment for a Guide, a download link will appear on the Website which will enable your download and we will email you to acknowledge your purchase. You cannot cancel a purchase or receive a refund for a Guide once the order has been placed, even if you are yet to complete the download. By purchasing one of our Guides, you are making a statement to us (upon which we can rely) that you are aged 18 years or above and capable of forming a legally binding contract. You represent to us that all purchases made, by you, through the Website will be within the scope of your authority to conclude contracts. By downloading our Guides, you agree to: (i) provide true, accurate, current and complete information about yourself; and (ii) maintain and promptly update your registration information (if applicable) to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration and/or your ability to purchase our Guides. Registration. if you choose to purchase a Guide, you may be required to register an account on the Website.
3.3 Payment options & payment services. Online payments for our Guides will be made through our third-party payment services providers (TPPSPs). Our TPPSPs accept credit card payments made by Visa, MasterCard and Amex as well as payments made using digital wallets. When you place your order on the Website, you authorise funds to be deducted from the card/wallet that you have identified by inputting the relevant data into the payment window. At the time of clicking “purchase” you represent, to us, that you shall be authorised to make such payment. Your licence to use the Guide does not commence until such time as payment in full and in cleared funds has been received.
When you place an order, you agree and accept that your credit card information will be collected, processed, and kept by us and any relevant TPPSPs subject to its terms and conditions. You agree and accept that you are solely and exclusively responsible for any losses incurred or sustained by you in making credit card transactions, and in no event shall any such losses, in whole or in part, be borne by us.
4. Disclaimer of Warranties & Limitation of liability
4.1 Liabilities not excluded. Nothing in these Terms limits or excludes any liability which cannot legally be limited, including, without limitation, liability for death or personal injury or liability caused by fraud or fraudulent misrepresentation.
4.2 Exclusion of liability. Subject to paragraph 4.1 above, we exclude all liability (whether arising in contract, tort or otherwise and whether or not caused by our negligence), which we may otherwise owe to you as a result of:
(a) any technical, factual, textual, typographical inaccuracies, errors and/or omissions on or relating to the Content on the Website and/or in any Guide
(b) the unavailability of our Website and/or Guides;
(c) any circumstances beyond our reasonable control;
(d) damage caused by any transmission of data between us via any means;
(e) failure of any bank and/or the provider of any payment services;
(f) any Content (whether on the Website or in any Guide) not being fit for the purpose for which it was intended or for any other reasonably foreseeable purpose;
(g) any failure, by you, to seek the appropriate professional advice and/or your reliance, by you, on the any Content (whether on the Website or in the Guide);
(h) any non-fraudulent misrepresentation in any Content (whether on the Website or in any Guide); and
(i) the services provided by any third party for which we have provided links and/or advertisements on our Website.
We will also not be liable to you for any indirect or consequential loss or damage (including loss of profits, business or goodwill) arising from your use of the Website and/or any Guide.
4.3 Liability cap. Without prejudice to the provisions of this clause 4 our liability, to you, is limited to the price of our least expensive Guide.
4.4 No liability to any third party. you agree that responsibility for the content of advertisements appearing on the Website rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement, by us, of the advertisers’ products or services and each advertiser is solely responsible for any representations made in connection with its advertisement.
5. Your conduct
5.1 Warranties. you represent, warrant and covenant that you will not:
(a) use the Website and/or the Guides for any fraudulent or unlawful purpose;
(b) use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
(c) interfere with or disrupt the operation of the Website or our provision of the Guides or networks used to make the Website/Guides available; or violate any requirements, procedures, policies or regulations of such networks;
(d) transmit or otherwise make available in connection with our Website and/or Guides any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
(e) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website (including our applications or software), our Guides (including any of their Content);
(f) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website (including our applications or software);
(g) frame or mirror any part of the Website without our express prior written consent; and
(h) create a database by systematically downloading and storing the Content on either the Website or in a Guide, other than as per the terms of the licence granted in paragraph 2.
You also represent and warrant that you are based in and operate your business in and from Hong Kong.
6. Confidentiality & Data Protection
6.1 your confidential information. we will keep confidential information which we obtain as a result of any Guide purchase and/or your use of our Website and any communications with you confidential, but we reserve the right to use and disclose it to:
(a) Provide the Guide and any additional support requested, which may include storing confidential information on our computers, in our email and in the cloud;
(b) comply with the law and any requests by the relevant authorities.
6.2 Privacy policy. for more information about how we collect, store and use your personal information, please see our Privacy Policy (insert link).
7. Other important terms
7.1 Third party rights. these Terms are between you and us, which means that nobody else has rights under them or can enforce them.
7.2 Invalidation/enforceability. if any provision in these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and any such invalid provision shall be deemed to be severed from these Terms.
7.3 Governing Law & Jurisdiction. these Terms are exclusively governed by the laws of the Special Administrative Region of Hong Kong (HKSAR) and the Courts of the HKSAR shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms, their subject matter or formation.
7.4 Use of names, logos and trade marks. you agree to our use of your name, logos and trade marks on marketing and promotional materials, including our Website to demonstrate the type and range of organisations which we support. If you do not wish for your name, logos and trade marks to be used in this way, please let us know in writing.
“Shepherd”, “Shepherd Asia” and “Admin Amigo” are trade marks of Shepherd Asia Limited (SAL). Use of these marks requires SAL’s prior written consent. Legal action will be taken in the event of any unauthorized use of these trade marks.
7.5 Entire agreement. these Terms set forth the entire agreement and understanding between us and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of these Terms. Neither party shall be entitled to rely on any agreement, understanding or arrangement that is not expressly set forth in these Terms.