1. These Terms and Conditions (these "Terms") apply to the use of YAS mobile applications ("Apps"), website ("Sites"), and the associated services ("Services") provided by YAS DIGITAL LIMITED ("YAS", "we", "us", or "our") together with:
- the privacy policy provided with this Apps and this Sites (the "Privacy Policy"); and
- any other terms and conditions that we may notify you of.
If you do not agree to these Terms or the Privacy Policy, please do not access or otherwise use this Apps, this Sites or the Services.
References to "you" in these Terms of Service means you, your duly authorized representatives and any entity you may represent in connection with your use of the Apps, the Sites or the Services.
2. Using the Apps and the Sites
2.1 For the purposes of these Terms,
(i)"IP Rights" means any copyright, trademarks, service marks, trade names, corporate names, domain names, design rights, registered designs, database rights, semiconductor topography rights, know-how, patents, goodwill, or any similar right exercisable anywhere in the world, and all applications or rights to apply for the same (where such applications can be made), whether presently existing or created in the future, and whether registered or not, and all benefits, privileges, or rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights;
(ii)"Apps and Sites Content" means any data, material or information, in any format whatsoever, including (without limitation) any data files, text, computer software, images, graphics, photos, video clips, sound, audio files, directories, files, databases or listings, that are made available on or through the Apps and the Sites; and
(iii)"Third Party Content" means any Apps and Sites Content provided, uploaded, transmitted, submitted or posted by or sourced from any third party.
2.2 All rights, title, interests and IP Rights subsisting in this Apps, this Sites and the Apps and Sites Content (excluding User Content and Third Party Content) are wholly owned by YAS. All Third Party Content shall belong to the relevant third party licensor. You acknowledge and agree that we shall not be obligated (but reserve the right at our sole discretion) to actively monitor or exercise any control whatsoever over any Third Party Content. We do not endorse any Third Party Content, and make no warranties, representations or undertakings in relation to the same.
2.3 Subject to these Terms and our policies (including policies made available to you within the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use the Apps, the Sites, Apps and Sites Content and our Services, provided that:
(i) you will not copy, distribute, modify or create derivative works based on any part of the Apps, the Sites, Apps and Sites Content or the Services without our prior written authorization;
(ii) you will not use the Apps, the Sites, Apps and Sites Content or Services to send unsolicited or unauthorized advertisements, spam, chain letters, or any other communications or materials;
(iii) you will not transmit malicious code or any content which contains software viruses, or other harmful computer code, files or programs;
(iv) you will not interfere with or disrupt servers or networks connected to the Services or the access, operation or security of the Apps, the Sites or the Services;
(v) you will not use the Apps, the Sites or Services in order to impersonate another person or otherwise misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
(vi) you will not use the Apps or the Sites to send, communicate, upload, or engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing behaviour; and
(vii) you comply with these Terms. Certain software code incorporated into or distributed with the Apps, the Sites or otherwise with the Services may be licensed by third parties under various "open-source" or "public-source" software licenses (collectively, the "OSS"). Notwithstanding anything to the contrary in these Terms, the OSS is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
2.4 The Apps and the Sites can be used on a mobile device running an operating system supported and specified by us from time to time, from which you can access the internet.
2.5 Updates to the Apps may be issued periodically through the supplying app store. For some devices, updates will be downloaded automatically. Depending on the update, you may not be able to use the Apps until the latest version has been downloaded.
2.6 You must be at least 18 years or over in order to use the Apps, the Sites and the Services. By using the Apps, the Sites and the Services, you represent and warrant that you are 18 years old or above. The Apps and the Sites is not intended for download or use in any jurisdiction where such download or use would be contrary to any law or regulation of such jurisdiction or where we are not licensed or authorized to provide the Apps, the Sites or Services. If we discover or suspect that a registered user is not eligible to use the Apps, the Sites or the Services, we will cancel that user's account and/or block that user from accessing the Apps, the Sites and the Services.
2.7 iPhone, iPad, iPod Touch, Touch ID and Apple are trademarks of Apple Inc., registered in the US and other countries. App Store is a service mark of Apple Inc. Google PlayTM is a trademark of Google Inc. AndroidTM is a trademark of Google Inc.
2.8 All quotes generated by the Apps and the Sites are based upon the information that you provide. Quotations do not amount to a contract or agreement for the insurance product. To obtain the insurance product, you will need to make an application to the Insurer through the Apps or the Sites and all applications shall be subject to the approval of the Insurer. Whether your application is accepted or not is a decision for the Insurer and we cannot advise or act for you. Your insurance product will be subject to the Insurer's terms and conditions (i.e. Policy Wording). You may access the Policy Wording upon your insurance application.
2.9 All information you submit for an insurance claim is subject to review and verification. The Insurer may request additional information from you before the Insurer decides to pay your claim. Whether a claim is paid or not and the amount to be paid is a decision for the Insurer and we cannot advise or act for you. A claim representative from the Insurer may be communicating with you regarding your claim.
2.10 The Apps, the Sites or the Services may allow you to submit or request that you submit content such as text, photos, audiovisual content, and other media content ("User Content"). By uploading User Content, you are granting us a worldwide, non-exclusive, irrevocable, royalty-free license to use, publish, translate, transmit, display, disseminate, distribute, create derivative works, modify (for technical purposes) and reproduce such User Content (in whole or in part), for any purpose relating to the Apps, the Sites, the Service and/or any associated support, and/or to analyse and/or improve the Apps, the Sites, Apps and Sites Content or the Services. You agree that these rights and licenses are sub-licensable and transferable, and include a right for us to make such User Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose your User Content to third parties if we determine such access is necessary to comply with our legal obligations.
2.11 You represent, warrant and undertake that:
(i) you have the right to grant the rights and licenses under Clause 3.9 in relation to the User Content;
(ii) the User Content (and our use or our sub-licensees' or assignees' use of the User Content pursuant to Clause 3.9) shall not infringe the rights of any third party;
(iii) the User Content shall be accurate, up-to-date and not misleading; and
(iv) the User Content shall not be illegal, defamatory, libelous, harassing, offensive, abusive, threatening, indecent or obscene. You understand and agree that you are solely responsible and liable for the User Content, and we have no responsibility or liability to any third party in relation to the User Content.
3.0 Your Responsibilities
3.1 You must comply with all applicable laws and regulations that govern your download, access and use of the Apps, the Sites and Apps and Sites Content.
3.2 You must not alter, modify, adapt, reverse-engineer, copy or reproduce all or any part of the App or the Sites.
3.3 You must not remove or tamper with any copyright notice attached to or contained within the Apps or the Sites. All ownership in the Apps and the Sites remains with us.
3.4 In order to use the Apps, the Sites or access the Services or Apps and Sites Content, you will need to create an account. You hereby represent and warrant that the information you provide to us upon registration, and at all other times (including, without limitation, any information you provide to us during the insurance application or claims process), will be true, accurate, current and complete ("Account Information"). You also hereby undertake, represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
3.5 The Apps and the Sites is for your personal use only, and you must not use the Apps or the Sites for business or commercial or other unauthorised purposes.
4.0 Our Responsibilities and Disclaimers
4.1 While we make reasonable efforts to provide the Apps, the Sites and Services, we will not be liable for any failure to provide the Apps, the Sites, Services and/or any Apps and Sites Content, in part or in full.
4.2 The Apps and Sites Content is provided for your general reference only, and is not intended to amount to any advice on which you should rely. The Apps, the Sites, the Services and Apps and Sites Content are provided "as is" and "as available", with no representation, warranty, guarantee or agreement of any kind. We cannot guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your mobile device. We are not responsible for any loss you may incur as a result of this.
4.3 You Expressly Understand and Agree That:
(a) Your use of the Apps, the Sites, the Apps and Sites content and the services are all at your sole risk;
(b) To the maximum extent permitted by law, we expressly disclaim all warranties and conditions of any kind, whether express or implied;
(c) Any material downloaded or otherwise obtained through the use of the Apps, the Sites or the services (including, without limitation, the Apps and Sites content) is done at your own discretion and risk and you are solely responsible for any damage to your computer or other device or loss of data resulting from the download or use of any such material;
(d) You expressly understand and agree that yas, its subsidiaries, affiliates and licensors, and our and their respective officers, employees, agents and successors shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages.
4.4 Without prejudice to the generality of clause 5.3, we make no representations, warranties, guarantees or undertakings as to the accuracy, quality, completeness, currentness, adequacy, availability, reliability or validity of the Apps, the Sites, any Apps content or the services, or that the Apps, the Sites, the services or Apps and Sites content will meet your requirements, be uninterrupted and free of any defects, errors, omissions or viruses, or that any defects will be rectified.
4.5 To the extent permitted by law you agree that our total liability to you for all damages and losses shall not in any circumstances exceed the greater of (a) HK$100, or (b) the aggregate of the amount (if any) paid by you in the 6 months immediately preceding bringing of a claim against us or our affiliates. Nothing in these terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.
5.0 Security
5.1 You are responsible for safeguarding the password and login details for your user account in relation to the Apps and the Sites, and are responsible for all activities that occur under your account. You must take all reasonable precautions to keep safe and prevent fraudulent use of your mobile device and security information. These precautions include:
- Not disclosing your security details to anyone;
- Changing your security details immediately and telling us as soon as possible if you know, or even suspect, that someone else knows your security details, or if we ask you to;
- Keeping your security details and mobile device safe;
- Once you have logged on to the Apps or the Sites do not leave your mobile device unattended or let anyone else use your mobile device;
- Follow all security measures provided to you by the manufacturer of your mobile device operating system that apply to your use of the Apps, the Sites or your mobile device (although you should never disclose your security details to them or information about your accounts with us); and
- Undertake reasonable and adequate precautions to scan for computer viruses or other destructive properties.
5.2 You must not use the Apps or the Sites on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that have been “jail-broken" or "rooted". A jail-broken or rooted device means one that has been freed from the limitations imposed on it by your mobile service provider and the phone manufacturer without their approval. The use of Apps on a jail-broken or rooted device may compromise security and lead to fraudulent transactions. Download and use of the Apps and the Sites in a jail-broken or rooted device is entirely at your own risk and we will not be liable for any losses or any other consequences suffered or incurred by you as a result.
5.3 You should only download Apps and its updates from official supplying app store and not from any unofficial sources.
5.4 You will be responsible for all instructions given by you or anyone acting with your authority between when you log on to the Apps or the Sites until you log off the App or the Sites.
5.5 You are responsible for making sure information shown or stored on your mobile device is kept secure.
5.6 Without prejudice to the rest of this Clause 6, if you know or suspect that someone else knows your security details, or has used or tried to use them, or if your mobile device is lost or stolen you must tell us without delay by calling us on such number as we specify from time to time.
5.7 You must delete the Apps from your mobile device if you change your mobile device or dispose of it.
6.0 Payment
6.1 We use a third party payment gateway (the “Payment Gateway”) to process your payments. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s Terms of Service and Privacy Policy. We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
7.0 General
7.1 You are free to stop using the Apps, the Sites and the Services at any time. We also reserve the right to suspend or terminate your access to and use of the Apps, the Sites, the Services and/or your user account and to remove your social posts and information, at any time and at our sole discretion, without notice.
7.2 You will grant YAS permission to request any and all information from your insurance company; You will thereafter be able to amend or optimize your insurance policy by requesting for review(s).
7.3 These Terms, together with the Privacy Policy, and any other legal notices published by us on the Services, shall constitute the entire agreement between us concerning the Apps, the Sites, Apps and Sites Content and the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
7.4 The Apps or the Sites may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties unrelated to us. You understand and agree that we have no control over and do not monitor such third party websites, content, or resources, and we make no guarantee or warranty, and are not responsible for any such external sites, content or resources (or any products, goods or services promoted, referred to or offered on such external sites or resources). We do not endorse any websites linked to the Apps, the Sites or any advertising, products, goods, services or other materials on or available from such websites or resources.
8.0 Governing Law
8.1 These Terms are governed by and will be construed according to Hong Kong laws.
8.2 You submit to the non-exclusive jurisdiction of the Hong Kong courts but these Terms may be enforced in the Courts of any competent jurisdiction.
In case of discrepancies between the English and Chinese versions, the English version shall prevail.