Terms and Conditions

1. User Terms

These User Terms apply to websites operated by SPOOTNIK LTD (HK) (‘SPOOTNIK LTD (HK) LTD' or ‘we' or ‘us' or ‘our’) from time to time. In accordance with the following user terms ('User Terms'), SPOOTNIK LTD (HK) grants you as an authorised user ('User or 'you') of this website (the 'Website') certain rights (as set out below) and in return you agree to perform certain obligations. These User Terms form a binding contract between you and SPOOTNIK LTD (HK) LTD. By using this Website, you therefore confirm that you are at least 18 years old, or if you are under 18 years old that you have obtained your parent's or guardian's consent to enter into these User Terms. Please read these User Terms carefully before using the Website. By using the Website, you are deemed to have accepted these User Terms. These User Terms apply whatever method you have used to access the Website, including but not limited to computer, portable device, digital television services and mobile phone. If you do not agree to any part of these User Terms you should stop accessing this Website and navigate away from it.

2. Information about Us

This Website is operated by SPOOTNIK LTD (HK) LTD, a limited liability company registered in Hong Kong SAR under company number 1735107. Our registered office address is at Suite 1106-8, 11/F​Tai Yau Building, N°.181 Johnston Road, Wan Chai, HONG KONG.

3. Accessing the Website

Accessing our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable for any reason if the Website remains unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our Website (including taking all necessary steps to ensure you use up-to-date anti-virus software). You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these User Terms, and that they comply with them. Unless otherwise specified on the Website, the Material available on the Website is directed solely at those who access the Website from Hong Kong. SPOOTNIK LTD (HK) makes no representation that any Material is appropriate for use elsewhere or available in any other locations. Those who choose to access the Website from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.

4. Use of the Website / Acceptable Use Policy

Your use of the Website will be subject to complying at all times with our Acceptable Use Policy in this paragraph 5. For the purposes of these User Terms: "Material" will include but is not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, advertising material and other material published on the Website. We are either the owner or the licensee of the intellectual property rights in the Website and the Material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

5. Our Material

5.1 Accessing our Material

You are entitled to access and print the Material for your own personal private and non-commercial use only, provided that you do not: (i) download or print any Material in a systematic or regular manner so as to create a database (electronic or paper form); (ii) remove any notices relating to the ownership of copyright or other intellectual property rights in the Material; (iii) modify, translate, reverse engineer, reproduce, decompile, disassemble or create derivative works of any of the Material; or (iv) rent, lease, sub-license, loan, copy, commercially exploit or give or transfer any rights in the Material in any form, to any person or entity without our prior written consent. Our status (and that of any identified third party contributor or rights holder) as the author of the Material must always be acknowledged. If you print off or otherwise copy any part of the Website or Material in breach of these User Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Material you have made. You are not authorised to download or copy any music or videos which we may grant you access to on the Website without our explicit written consent in each instance.

5.2 Prohibited uses

You further agree that you will not use the Website for any of the following purposes: (i) to send or distribute multiple unsolicited emails or messages ('Spam') or to cause any other person annoyance, inconvenience or worry; (ii) for any purposes connected to any business without our consent, including sending any unsolicited advertisements or promotional material; (iii) to use or attempt to use any software, engine, or any other means to navigate or search the Website other than the navigation tools and search facilities available on the Website and general third party browsers; (iv) to carry out any activities in relation to "screen scraping" or "database scraping" to obtain lists of users, URLs, internet keywords or other information; (v) to access the Website by any means other than through the interface that is provided by SPOOTNIK LTD (HK) for use in accessing the Website; (vi) to use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Website; (vii) to do anything which imposes an unreasonable or disproportionately large load on the Website's infrastructure; (viii) to interfere with or disrupt the Website and/or any of its services or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website; or (ix) to collect or store personal data about other users of the Website whether or not for commercial purpose without their consent. This includes the posting of phone numbers, addresses or any other private information without the express permission of that individual.

6. Data Protection

This version was last updated on 25 May 2018. We have updated our Privacy & Cookies Policy in order to comply with new data protection laws in the European Union (GRPD) which came into force on 25 May 2018. Please check back regularly as we will need to make periodic changes to this policy to reflect updated guidance and requirements when they become available. We will use your information solely to measure the performance of our marketing campaigns (for example, analysing click rates); to provide insight and analysis of our audience for ourselves and our business partners. We will not collect, directly or indirectly, any type of information about you through your use of our sites.

7. Third Party Advertising, Sites and Links

The Website may contain links to third party websites which are controlled and operated by parties other than SPOOTNIK LTD (HK) LTD. The links will let you leave the Website and SPOOTNIK LTD (HK) is not responsible for any content of any linked site or any link contained in a linked site. The inclusion of any link on the Website does not imply endorsement by SPOOTNIK LTD (HK) of the linked site. If you decide to access linked third party websites, you do so at your own risk. The Website contains advertising submitted by third parties. Such third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations. We do not accept any responsibility for the content of any third party advertising. You may link to our Website home page, provided that you do so in a way that is fair and legal and does not (in our opinion) damage our reputation or take advantage of it, but you must not establish a link in such a way so as to suggest any form of association, approval or endorsement on our part where none explicitly exists. You must not establish a link from any website that is not owned by you.

8. Disclaimer and Limitation of Liability

SPOOTNIK LTD (HK) does not limit its liability for (i) death or personal injury to the extent only that it arises as a result of the negligence of SPOOTNIK LTD (HK) or its employees, (ii) fraudulent misrepresentation and (iii) any other liability that we are not permitted to limit or exclude under applicable law. The remainder of this section will not apply to such liability. Notwithstanding the foregoing, nothing is intended to limit any rights you might have as a consumer under applicable HK law, including the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Any commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents. We will not be liable to you if we are prevented or delayed from complying with our obligations under the SPOOTNIK LTD (HK) Selling Terms by anything you do (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control. We warrant to you that any goods or services purchased from SPOOTNIK LTD (HK) will be of a satisfactory quality and reasonably fit for purpose for which goods of the kind are commonly supplied. However, our total liability to you for any breach of this warranty will be limited to the purchase price of the goods or services only. We will have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods or services in question. You acknowledge that SPOOTNIK LTD (HK) LTD, its directors, contractors, agents and employees shall not be liable to you in contract, tort, or otherwise for: any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings); any loss of goodwill or reputation; any loss of data; or any special, indirect or consequential loss that may result to you or a third party arising from your use of the Website (unless expressly set out otherwise in these User Terms). You further acknowledge that SPOOTNIK LTD (HK) gives no warranties of any kind in relation to the Website or the Material, and the Website is made available to you on an ‘as is' basis. These User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law. SPOOTNIK LTD (HK) does not accept any liability for links on the Website to third party sites. If you decide to access linked third party sites you do so at your own risk. To the extent that SPOOTNIK LTD (HK) is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to the Website, SPOOTNIK LTD’s entire liability will be limited to HKD1,000 for any one incident or series of related incidents and up to HKD2,000 for all incidents in any period of twelve (12) months. The liability of any third party seller will be as set out in their own terms and conditions with you.

9. Variation to the User Terms

SPOOTNIK LTD (HK) reserves the right to vary the User Terms from time to time. Please check the User Terms regularly as your continued use of the Website following SPOOTNIK LTD’s posting of the amended User Terms will be regarded by SPOOTNIK LTD (HK) as your acceptance of such amended User Terms. You should regularly review these User Terms to keep up-to-date with any changes.

10. Notices

You may send a legal notice to SPOOTNIK LTD (HK) LTD, or any questions you may have concerning these User Terms by email to legal@spootnik.com. Such notices will be effective three (3) calendar days after sending. SPOOTNIK LTD (HK) may send you notice by general notice on the Website, by email to your email address on record with SPOOTNIK LTD (HK) LTD, or by post to the address on record with SPOOTNIK LTD (HK) LTD. Such notice will be effective if sent by email or posted on the Website, immediately from the date it was sent or posted on the Website. If sent by regular post, it will be effective three (3) calendar days after posting by SPOOTNIK LTD (HK) LTD.

11. General

For the purposes of these User Terms together with any other specific terms published on the Website, SPOOTNIK LTD (HK) will mean SPOOTNIK LTD (HK) and/or any SPOOTNIK LTD (HK) group company (meaning a SPOOTNIK LTD (HK) subsidiary or holding company, or a subsidiary of that holding company ("SPOOTNIK LTD (HK) Group Company"). These User Terms form the entire agreement between you and SPOOTNIK LTD (HK) and supersede any other oral or written communications, agreements or representations with respect to your use of the Website. If any part of these User Terms is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected. You acknowledge that SPOOTNIK LTD (HK) has entered into these User Terms for its own benefit and for the benefit of each SPOOTNIK LTD (HK) Group Company and these User Terms are intended to be enforceable by each SPOOTNIK LTD (HK) Group Company. Other than a SPOOTNIK LTD (HK) Group Company, a person who is not a party to these User Terms has no right to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act. Nothing in these User Terms will be construed as creating a partnership, joint venture or agency relationship between you and SPOOTNIK LTD (HK) LTD. If SPOOTNIK LTD (HK) or any contractor of SPOOTNIK LTD (HK) is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of SPOOTNIK LTD (HK) or the SPOOTNIK LTD (HK) contractor, neither SPOOTNIK LTD (HK) nor any SPOOTNIK LTD (HK) contractor will have any liability for that failure to perform. No waiver by SPOOTNIK LTD (HK) of a breach of any provision of these User Terms will be considered to be a waiver of any prior or subsequent breach of the same or any other provisions and no waiver will be implied by SPOOTNIK LTD (HK) taking or failing to take any other action. Your use of the internet is solely at your risk and subject to all applicable laws, and SPOOTNIK LTD (HK) has no responsibility for any information, software, services or other materials accessed or obtained by you using the internet. These User Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales in relation to all matters arising out of or in connection with these User Terms (including non-contractual disputes or claims), although we reserve the right to bring proceedings against you for breach of these User Terms in your country of residence or any other relevant country.

© SPOOTNIK LTD (HK) Ltd. 2018. All rights reserved.