Future Power (HK) Privacy Statement
This privacy statement provides information regarding Happy Club mobile application that applies to all customers of Future Power (HK) including without limitation, customers of all Hong Kong operators that use Happy Club mobile application.
Terms of Service
Happy Club mobile application ("Service") consists of programs and/or services hosted or made available by Future Power (HK) Limited ("Future Power (HK)", "we" or "us"). All subscribers ("you") may use all the programs and/or services provided between or among subscribers or non-subscribers. By installing the application, you shall be deemed to agree the following terms and conditions.
Future Power (HK) reserves the right to update and change the Terms and Conditions of Service from time to time without prior notice. Shall there is an amendment on Terms and Conditions, we will inform the modification on the site or notice of amendment. Any new features to improve or enhance the current Service shall be subject to the Terms of Service. By continuing to use or access after we have dispatched notice of amendment to these Terms of Service, you are indicating that you agree to be bound by the modified Terms of Service. Shall the Terms of Service are not acceptable to you, to cease using the Service is your only remedy. The most current version of the Terms of Service will always be available on our website ("www.futurepower.com.hk"). Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk and subject to the terms set below.
Use of Service
In order to access and/or use the Service, you are required to provide your mobile phone number as part of the process for registration and continued use of Service. You are strongly advised to keep the confidentiality of your Account, and are fully responsible for all activities that occur under your Account. Future Power (HK) will be liable for any loss or damage from your failure to comply with this security obligation.
By using this Service, you agree not to:
- Use the Service for any illegal or unauthorized purpose. Violating any applicable laws in your jurisdiction including but not limited to copyright and privacy laws are prohibited.
- Reproduce, duplicate, copy, sell, trade, resell or exploit any portion of the Service for any commercial purposes.
- Access (or attempt to access) any of the Service by any means other than through the interface that is provided by Future Power (HK), or access (or attempt to access) any of the Service through any automated means (including use of scripts, web crawlers or the like) or otherwise engage in the Service in a manner reasonably likely to be harmful to the systems operating the Service or the access or use of the Service by others.
- Violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by or any rules of any national or other securities exchange and any regulations having the force of law.
- Employ tactics to prevent the full and complete display of advertisements within the Service, including, but not limited to, making style changes, customizations or overrides that effectively block or substantially impair the display of advertisements within the Service.
- Engage in commercial activities within the Service or on behalf of Future Power (HK) without prior approval.
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of network connected or applicable to the Service.
Future Power (HK) will not be liable for failure or delay incurred beyond Future Power (HK)'s reasonable control which includes but not limited to the stability of data network, Wi-Fi connection, your device settings, unavailability or delay of third party services or power used by the equipment needed. However Future Power (HK) will maintain to provide a consistent level of service availability and performance. Future Power (HK) will not be held liable for any errors, damage, or other unexpected events resulting from the use of Service.
Prices and rates shown in the Service are subjected to change at any time without prior notice.
You agree that the calling records issued or provided by Future Power (HK) are conclusive evidence of your use of service.
Modifications to the Service and Prices
Future Power (HK) serves the right to vary the service charges, offer and terms and conditions without prior notice and shall have the final decision in case of any dispute. You agree that Future Power (HK) shall not be liable to you or to any third party for any of the actions or inactions of its third party business partners regarding modifications, price changes, suspension or discontinuance of the services of such third party business partners which work or integrate with the Service. Future Power (HK) may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit Future Power (HK) to deliver these to you (and you to receive them) as part of your use of the Service.
You acknowledge and agree that Future Power (HK) owns all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service that is either hosted on Future Power (HK) "s servers or deployed by you or a third party (the "Software"), and all intellectual property rights therein (whether registered or not). You further acknowledge and agree that the rights in the Service, including all intellectual property rigths, are protected by one or more copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms of Service. Except for the limited license rights specifically granted to you in these Terms of Service, Future Power (HK) and its suppliers own and shall retain all rights, title and interests, including, without limitation, intellectual property rights, in and to the Service and all Software utilized therein (all all copies thereof and related materials that are delivered or made available to you with the Service).
You may stop or discontinue your use of the service at any time, for any or no reason and with or without notice. Future Power (HK) may also terminate the service or your access to or use of the service or your account with or without notice in the event of the occurrence of the following circumstances:
a) Your breach or violation of these Terms of Service,
b) Your request or self-effecting account deletion,
c) An extended period of inactivity (determined in Future Power (HK)'s sole discretion),
d) Your non-payment of any fees or other sums due to Future Power (HK) or any other party related to your use of the Service,
e) Requests by law enforcement or other government agencies,
f) The discontinuance or material modification to the Service (or any part thereof),
g) Unexpected technical or security issues or problems,
In case of termination of license by the third party vendor, Future Power (HK) reserves the rights to terminate the service with you. You agree not to claim against Future Power (HK) for any loss caused by such termination of the Service.
The Service may be supported by advertising revenue and may display advertisements and promotions on or in connection with the Service, and may be targeted to Content subject matter. You hereby agree that Future Power (HK) may present advertising in connection with the service in consideration for the rights granted you to access and use the Service. Any decision to utilize advertising, and the manner, mode, extent, and terms or any advertising, presented with the Service, are subject to change. We shall not responsible or liable for any loss or damage of any sort incurred by you as a result of any such practices or changes or as the result of the presence of such advertisers on the Service, including, without limitation, any change in the cost of obtaining any Service. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
Future Power (HK) shall not be liable in damage or loss. Future Power (HK) has the right to terminate this terms and contions for any delay of default performing hereunder if such delay or default is caused by conditions beyond Future Power (HK)'s control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
You agree to indemnify and hold Future Power (HK), its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (Including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, Future Power (HK) will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
Disclaimer and Warranties
You expressly disclaim and warrant that:
- Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, Future Power (HK) expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
- Future Power (HK) does not warrant that (i) the service will meet all of your requirements, (ii) the service will be uninterrupted, timely, secure or error free, or (iii) errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your mobile phones or any other device or loss of data that results from the download of any such material.
- No advice or information, whether verbal or written, obtained by you from Future Power (HK) or through or from the service shall create any warranty not expressly stated in these terms of service.
- You use the Service only for lawful and proper purposes and shall ensure any communication transmitted through the Service does not contain any material which violates or infringes in any way the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy right, obscene or otherwise objectionable, which encourages conduct that would constitute a criminal offencem give rise to civil liability, or otherwise violate any law, which is for advertising or solicitation purpose for sales of products or services, or which results in, though not an unauthorized use of the Service, interference to the use of the Service by other users. Future Power (HK) reserves the right to terminate the Service forthwith in the above situations.
Limitation of Liability
You expressly understand and agree that Future Power (HK), its subsidiaries, affiliates and licensors, and our and their respective officers, employees, agents, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or intangible losses (even if Future Power (HK) has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) Future Power (HK)'s action or omissions in reliance upon your account information and any changes thereto or notices received there from; (vi) your failure to protect the confidentiality of any passwords or access rights to your account information; (vii) the acts or omissions of any third party using the service; (viii) any advertising content of your purchase or use of any advertised product or service; (ix) the termination of your account in accordance with the terms of these terms of service; or (x) any other matter relating to the Service.
You agree that we may provide you with notices or hereunder by SMS or by email related to the Service, in our discretion, and that we may rely upon the contact information you may have provided as being accurate, complete and current. And ff you have any inquiry regarding the Service you can send an email to firstname.lastname@example.org.
- Any issues regarding the Service can be requested through email. The email address is email@example.com.
- It is understandable that Future Power (HK) uses third party vendors and hosting partners to provide the necessary software, networking, storage and related technology required to run the Service.
- These Terms of Service constitute the entire agreement between you and Future Power (HK) and governs your use of the Service. These Terms of Service, as in effect from time to time, supersedes any prior agreements or earlier version of these Terms of Service between you and Future Power (HK) for the use of the Service. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party's terms and conditions applicable thereto, and these Terms of Service shall not affect your legal relationship with such third party.
- You acknowledge and agree that each affiliate of Future Power (HK) shall be a third party beneficiary to these Terms of Service and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms of Service which confers a benefit on (or provides rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary to the Terms of Service.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- The failure or delay by Future Power (HK) to exercise or enforce any right or provision of these Terms of Service or rights under applicable laws shall not constitute a waiver of any such right of provision. The Terms of Service constitutes the entire agreement between you and Future Power (HK) and govern your use of the Service, superseding any prior agreement between you and Future Power (HK) (including, but not limited to, any prior versions of the Terms of Service). If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service with remain in full force and effect.
- This Terms of Service shall be governed by the laws of Hong Kong.