Terms and Conditions of Service (“Terms & Conditions”)
By using the Channels, Users acknowledge and agree that, if applicable, apart from being bound by the Terms and Conditions set out herein, they will at the same time be bound by the terms and conditions of the relevant and applicable Channel(s) that they use and the terms and conditions of the relevant and applicable Channel(s) operated by the Company which their Materials (as defined in Section 4.1 below) are being / have been uploaded to or posted on.
Users further acknowledge and agree that they shall comply with all applicable laws, statutes, ordinances and regulations (whether or not having the force of law) regarding their use of the Channels. Users recognize the global nature of the Internet and understand that the applicable laws, statutes, ordinances and/or regulations may be of a jurisdiction other than their own and agree that compliance with the same is their absolute responsibility.
The terms “User” and “Users” herein refer to all individuals and/or entities accessing and/or using the Channels at anytime, whether in Hong Kong or elsewhere, for any reason or purpose.
- General Terms
1.1. The Company offers one or more of the following services through the Channels pursuant to the Terms and Conditions: –
i. as platform for sharing comments and photos related to diving experiences;
ii. advertising services for Advertiser(s), Merchant(s) and/or Dive Centre(s) (including but not limited to posting advertisements, promotional campaigns, offers, marketing materials and hosting special events); and
iii. any other contents, features, services and/or applications made available by the Company via the Channels
(hereinafter singly or collectively referred to as the “Services”).
1.2. The Company reserves the rights, in its sole discretion, to modify the Services, including without limitation by removing, adding, or modifying any portion of the Channels and to edit, modify, share, erase, delete or remove any Materials posted on the Channels for any reason from time to time and without notice. The Company shall have no liability to any Users for any of the foregoing actions except pursuant to terms of any service agreement signed with the Company, if any.
1.3. Except as specified in the Terms and Conditions, the Company is not a party to any actual transaction between Users.
- Registration as Member
2.1 Users may freely browse the Channels for information and use the tools which the Company makes available thereat. However, certain contents and functions of Channels, including without limitation submission of review and rating are only available to registered members of the Channels (“Members”).
2.2 A User may become a Member of the Channels by registering online at the section “KeepDiving Member Registration”. Users warrant that the personal particulars which they provide when they register as Members of the Channels are true, accurate, current, complete and not misleading in all respects, and further undertake to promptly update the Company where there is any subsequent change in such particulars. Users’ failure to do so would entitle the Company to suspend and/or terminate their membership account (“Account”) with the Channels without further notice and/or recourse to the related Users.
2.3 Users must not select a username or password that violates any person’s rights or one that in the Company’s opinion is offensive, improper or inappropriate. If a User does so, the Company reserves the right to modify or delete the username or password and/or terminate his/her Account with the Channels. In any event the Company shall not be liable in any way for any improper use of a username or password by any User.
2.4 Users shall be solely and entirely responsible for maintaining the confidentiality of the login information and password and any other information in respect of their Accounts and responsible for all activities that occur in connection with the Account. In no event shall the Company be responsible or liable for any loss or damage in relation to the unauthorized use of Account by any person.
2.5 Users agree to immediately notify the Company of any unauthorized use of their Accounts or any other breach of security with respect to their use of the Services.
2.6 Registration requests made pursuant to Clause 2.2 may be refused by the Company at its sole and absolute discretion and Users agree that the Company is under no obligation to send Users any alert, notice or explanation regarding the Company’s rejection of membership registration.
2.7 The Company reserves the rights to deactivate or cancel any User’s Account at any time as it deems necessary.
- Prohibited Uses for all Users
Users of the Channels, including Members, agree not to use any of the Channels for any of the purposes which are expressly prohibited below: –
i. All Users are prohibited from interfering with, disrupting or violating, or attempting to interfere with, disrupt or violate the security, servers or network of the Channels (including without limitation, accessing data not intended for them, logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network, attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mails). Violation of system or network security by Users may result in civil and/or criminal liabilities.
ii. A User shall not delete or revise any material or information posted by any other Users.
iii. Users shall not use the Channels (1) for uploading, posting, publishing, transmitting, distributing, circulating or storing material in violation of any applicable laws or regulations; (2) in any manner that will infringe the copyright, trademark, trade secrets or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others; (3) in any manner that is illegal, harmful, defamatory, libelous, obscene, discriminatory, harassing, threatening, abusive, hateful or is otherwise offensive or objectionable; or (4) for commercial purposes other than pursuant to these Terms and Conditions or terms and conditions of any service agreement(s) entered into between the Company and the User. In particular, Users shall not print, download, duplicate or otherwise copy or use any personally identifiable information about other Users (if any). The sending of unsolicited communications of any type by a User to other Users are strictly prohibited.
iv. Users shall not use the Channels if they do not have legal capacity to form legally binding contracts or they are prohibited by law from accessing or using the Services.
v. Users shall not upload or post any advertisement or materials on the Channels contains any false, inaccurate, misleading, libelous content, computer viruses, trojan horses, worms, computed files or other materials that may interrupt, damage or limit the functionality of any computer software or hardware or telecommunication equipment.
vi. Users shall not upload or post any materials involving the sale or provision of any illegal products or services or any materials containing fraudulent information.
vii. Users shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
viii. Users shall not access or use the personal data of any other Users without his/her express permission.
ix. Users shall not assign or transfer any rights or obligations under these Terms and Conditions to any third person without the Company’s prior written consent thereto.
x. Members shall not allow others to use his/her username and password to access or use any Channels.
- Acceptable uses of the Channels
4.1. Specific uses – Applicable to User(s) uploading or posting photos, content, views, comments, messages, materials and/or any information on the Channels (hereinafter collectively referred to as the “Material(s)”).
User(s) uploading or posting the Materials shall hereinafter referred to as the “Posting User(s)”.
i. A Posting User agrees that he/she/it shall only use the Channels for lawful purposes and for enjoying the Services provided through the Channels. The Company reserves the right to edit, share, reject, disapprove, erase and delete any Materials posted on the Channels as it sees appropriate.
ii. In the event that the Posting User is an individual, he/she shall not post his/her identity card and/or passport number on the Channels.
iv. Posting Users shall be solely responsible for the Materials uploaded, posted or shared by them and/or any web pages and/or media platforms and/or applications linked to the Channels posted by them. The Company reserves the right to edit, share, reject, erase, remove and delete any Materials and links to web pages and/or media platforms and/or applications as it sees appropriate. The Company shall have the right to terminate any services to any Posting Users at its sole discretion. If a Posting User uploads or posts Materials on the Channels and subsequently deletes and/or removes the same or the Posting User terminates his/her/its account maintained with the Channels, or that the Company deletes and/or removes such uploaded or posted Materials, such Materials will no longer be accessible by the Posting User who uploaded or posted the same via that Posting User’s account; however, such deleted Materials may still persist and appear on any part of the Channels, and/or be used in any form by the Company.
v. The Company reserves the right to request any User to cease using or to change his/her/its username immediately upon notice given to him/her/it without giving any reason as and when the Company deems appropriate to do so; if any User disagrees and refuses to abide by such request made by the Company, the Company may at any time at its sole discretion, deactivate that User’s account without prior notification to that User and without prejudice to all the Company’s other rights and remedies.
vi. By using any of the Channels, Users acknowledge and agree to the following:-
a. If Users use any of the Channels to upload, post and share Materials, including but not limited to instantly uploading, posting and sharing photos taken, the Users are consenting to the Materials being shared;
b. The Users’ use of the Channels may cause personally identifying information to be publicly disclosed and/or associated with the relevant Users, even if the Company has not itself provided such information; and
c. The Users shall use the Channels at their own option and risk and at their own accord. The Users will hold the Company and its officers, shareholders, employees, agents, contractors and affiliates harmless for activities related to their use of the Channels, and indemnify them for any loss, damage, action, claim or demand arising from or in connection with the use of the Channels by such Users.
vii. This paragraph shall be applicable to Users posting advertisements, special offers, commercial information, promotional and marketing materials on the Channels (hereinafter referred to as “Advertiser(s)” or “Merchant(s)”):-
a. Upon payment of a service fee to the Company or upon acceptance of any free trial promotion offer, Advertisers or Merchants will be entitled to use the Sites and/or Platforms and/or Applications (as the case may be) to post advertisements, special offers, commercial information and/or promotional materials (subject to the Terms and Conditions and any specific terms and conditions of any service agreement(s) entered into between the Company and the Advertiser or Merchant (“Service Agreement”), and in the event of any conflict between the two, the latter shall prevail).
b. The Company also reserves the right to change the service fee or institute new charges or fees to be paid by Advertisers or Merchants for posting advertisements, special offers, commercial information and/or promotional materials on any of the Channels, as it deems appropriate.
c. In the event that any Advertiser or Merchant fails to pay the service fee or any other fees or charges due to the Company or is in breach of any term of the Terms and Conditions or the Service Agreement, the Company reserves the right to suspend or terminate that Advertiser’s or Merchant’s user account, advertisements and links to web pages and/or media platforms and/or applications without prejudice to all its other rights and remedies.
viii. This paragraph shall be applicable to the Users who post reviews on the Channels:-
a. Users should at all times comply with the Company’s Review Guidelines as may be amended by the Company from time to time; and
b. Users should not at any time or under any circumstances be compensated for writing a review or removing a review written by them.
4.2. Specific uses – User(s) viewing and/or using the Materials posted on the Channels (hereinafter referred to as the “Viewer(s)”)
The Viewer agrees that he/she/it shall only use the Channels for lawful purposes and for enjoying the Services provided therein. The Viewer agrees that any personal data received via the Channels or from the Company shall only be used for the purpose of identifying and/or locating advertisements or materials or any content therein or for the purpose of enjoying the Services provided through the Channels. Any personal data received which are irrelevant to the above purposes shall be disregarded and shall not be saved, stored, collected, processed, used, distributed, published, disclosed or transmitted in any way, including but not limited to for any commercial purpose. The Viewer also agrees that any personal data collected via the Channels or from the Company shall be promptly and properly deleted when the above purposes have lapsed or been achieved.
The Company shall not be responsible or held liable in any way if any Users, in breach of the Terms and Conditions or the terms and conditions of any relevant and applicable Channel(s), whether in Hong Kong or elsewhere, use any other Users’ personal data, information or materials (whether obtained from the Channels or not) for any purpose. All Users accept that all personal data, information or materials provided by them publicly on the Channels are voluntarily provided and are given entirely at their own risk. The Company shall not bear the responsibility of protecting the personal data, information or materials so provided publicly therein.
- Content License
- Intellectual Property Rights
All contents of the Channels, including without limitation the text, images, information, comments, layout, database, graphics, photos, pictures, sounds or audio formats, software, brands and HTML are the intellectual properties of the Company or the Users (as the case may be) which are protected by applicable copyright and trademark laws and may not be downloaded, copied, modified, reproduced, printed or distributed in any way except that Users may download and/or print a copy of such materials for their own legal and non-commercial uses or for such purposes as permitted under the terms and conditions of any service agreement(s) entered into between the Company and the User(s)). Any use of any of such content other than those permitted under the Terms and Conditions, the terms and conditions of any specific Channel(s) and the terms and conditions of any service agreement(s) entered into between the Company and the User(s) is strictly prohibited and the Company reserves all its rights in this respect. Users acknowledge that they will be solely responsible for any adverse consequences arising from their breach of copyright laws and/or other intellectual property laws.
For the avoidance of doubt, any purported consent of any third parties on the use of the contents and materials mentioned under this Clause shall not exonerate the Users from the restrictions/prohibitions imposed hereunder in whatsoever manner.
Users agree that the Company is free to use, disclose, adopt and modify all and any ideas, concepts, proposals, suggestions, comments and other communications and information provided by them to the Company in connection with the Users’ use of the Channels without any remuneration or compensation to them. Users hereby waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to the Company’s use, disclosure, adoption and/or modification of such ideas, concepts, proposals, suggestions, comments and/or other communications and information.
Users acknowledge that the Company may not pre-screen or pre-approve certain content posted on the Channels or any content sent through the Channels. In any event, the Company takes no responsibility whatsoever for the content on the Channels or any content sent through the Channels, or for any content lost and does not make any representations or warranties regarding the content or accuracy of any material therein.
Any Materials uploaded or posted on the Channels by the Users may be viewed by users of other web sites and/or media platforms and/or applications linked to the Channels and the Company is not responsible for any improper and/or illegal use by any user or third party from linked third party web sites and/or media platforms and/or applications of any data or materials posted on the Channels. Links to third party web sites and/or media platforms and/or applications provided on the Channels are provided solely as a convenience to the Users and as internet navigation tools, and not in any way an endorsement by the Company of the contents on such third party web sites and/or media platforms and/or applications. Unless otherwise stated on the Channels, the Company has no control over or rights in such third party web sites and/or media platforms and/or applications and is not responsible for any contents on such third party web sites and/or media platforms and/or applications or any use of services provided by such third party web sites and/or media platforms and/or applications by the Users. All Users acknowledge and agree that they are solely responsible for the form, content and accuracy of any Materials, web page or other information contained therein placed by them. The Company is not responsible for the content of any third party web sites and/or media platforms and/or applications (regardless of whether they are linked to the Channels), and does not make any representations or warranties regarding the contents or accuracy of materials on such third party web sites and/or media platforms and/or applications. If any User accesses via hyperlinks on the Channels any third party web sites and/or media platforms and/or applications, he/she/it does so entirely at his/her/its own risk.
The Company shall have the right to remove any Materials uploaded or posted on the Channels, to expel the Users from and prevent their further access to the Channels (by way of, including but not limited to, terminating the membership accounts and blocking the Users’ Internet Protocol addresses) at its sole discretion without any notice, compensation or recourse to the Users if the Company considers at its sole discretion that such Users have breached or is likely to breach any law or regulations or the Terms and Conditions or any terms and conditions of any specific Channel(s) or service agreement(s) entered into between the Company and the User(s).
In the event that the Company decides to remove any paid advertisement or paid services for any reasons not relating to any breach of law or the provisions herein, the Company may, after deducting the fees charged for the period that the advertisement has been posted on the Channels or that the service has been provided, refund the remaining fees (if any) to the related Advertiser or Merchant in accordance with the Terms and Conditions or the terms and conditions of any specific Channel(s) or service agreement(s) entered into between the Company and the related Advertiser or Merchant (including without limitation the Service Order(s)), without prejudice to the Company’s rights and remedies hereunder.
The Company may not monitor the Channels at all times but reserves the right to do so. The Company does not warrant that any Materials or web page or application will be viewed by any specific number of Users or that it will be viewed by any specific User. The Company shall not in any way be considered an agent of any User with respect to any use of the Channels and shall not be responsible in any way for any direct or indirect damage or loss that may arise or result from the use of the Channels, for whatever reason made. WHILST ENDEAVOURING TO PROVIDE QUALITY SERVICE TO ALL USERS, THE COMPANY DOES NOT WARRANT THAT THE CHANNELS WILL OPERATE ERROR-FREE OR THAT THE CHANNELS AND THEIR SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE CHANNELS OR THEIR CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA BY ANY USER, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE CHANNELS AND THEIR CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT PREJUDICE TO THE FOREGOING, ANY IN RESPECT OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENTS, SERVICES, TEXT, GRAPHICS AND HYPERLINKS ON THE CHANNELS.
- Own Risk
ALL USERS SHALL USE THE CHANNELS AND ANY OTHER WEB SITES AND/OR MEDIA PLATFORMS AND/OR APPLICATIONS ACCESSED THROUGH THE CHANNELS, ENTIRELY AT THEIR OWN RISK. All Users are responsible for the consequences of their postings. The Company does not give any representations or guarantees regarding the truthfulness, accuracy or reliability of any Materials uploaded or posted by the Posting Users or endorse any opinions expressed by the Posting Users. Reliance by any User on advertisements and materials posted by the other Users will be at their own risk. The Company reserves the right to expel any User and prevent his/her/its further access to the Channels, at any time for breaching this agreement or violating the law and also reserves the right to remove any Materials which is abusive, illegal, disruptive or inappropriate at the Company’s sole discretion.
All Users agree to indemnify, and hold harmless the Company, its officers, directors, employees, agents, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or resulting from their use of the Channels, their use of any services provided by the Company via the Channels, or their breach of any term of this Terms and Conditions or any terms and conditions of any specific Channel(s) or service agreement(s) entered into between the Company and the User(s). The Company will provide prompt notice of any such claim, suit or proceedings to the relevant User.
- Limitation of the Service
The Company shall have the right to limit the use of the Services, including the period of time that Materials will be posted on the Channels, the size, placement and position of the Materials, email messages or any other contents which are transmitted by the Services.
- Termination of Service
The Company shall have the right to delete or deactivate any account, or block the email or IP address of any User, or terminate the access of Users to the Services, and remove any Materials within the Services immediately without notice for any reason, including but not limited to the reason that the User breached any law or the Terms and Conditions or any terms and conditions of any specific Channel(s) or any service agreement(s) entered into between the Company and the User(s). The Company reserves the right at any time to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against any such User. The Company shall have no obligation to deliver any Materials posted on the Channels to any User at any time, both before or after cessation of the Services or upon removal of the related Material(s) from the Channels.
The Company does not have control over and does not guarantee the truth or accuracy of listings of any Materials posted on the Channels or any content on third party web sites and/or media platforms and/or applications accessed via the Channels.
The Company shall not be liable for any default of obligations or duties directly or indirectly caused by or resulted from any causes beyond the Company’s reasonable control, including but not limited to Internet failure or any system default.
The Company does not guarantee uninterrupted, continuous and/or secure access to the any Services via the Channels. Part of or the entire Channels may be unexpectedly unavailable for whatever duration and for whatsoever reasons that may include but not limited to system malfunctions and disruptions, Internet access downtime and other technical problems beyond the Company’s control for which we cannot and shall not be held responsible. The Company reserves the right to take any part or the whole of the Channels offline with or without notice for reasons including but not limited to system maintenance or upgrading.
IN ANY EVENT, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRSENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY LOSSES, CLAIMS OR DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS OR PROFIT) DIRECTLY OR INDIRECTLY SUFFERED BY ANY USER WHATSOEVER AND HOWSOEVER ARISING OR RESULTING FROM OR CONNECTED WITH (i) ANY USER’S USE OR INABILITY TO USE THE CHANNELS, THEIR CONTENTS OR THE SERVICES, INCLUDING NEGLIGENCE AND DISPUTES BETWEEN ANY PARTIES; (ii) ANY USER’S USE OF ANY SERVICES OR PRODUCTS PROVIDED BY ANY MERCHANTS, ADVERTISERS OR RESTAURANTS; AND/OR (iii) ANY PERFORMANCE, NON-PERFORMANCE, CONDUCT OR POLICIES OF ANY MERCHANTS, ADVERTISERS OR DIVE CENTRES.
THE COMPANY IS NOT AN AGENT OF ANY OF THE MERCHANTS, ADVERTISERS OR DIVE CENTRES.
- Limitation of Liability
Without prejudice to the above and subject to the applicable laws, the aggregate liability of the Company to any User for all claims and expenses arising from their use of the Services and/or the Channels shall be limited to the amount of HK$100.
- Security Measures
The provisions of the Terms and Conditions shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event any provision of the Terms and Conditions is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
- Governing Law and Dispute Resolutions
The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Channels shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (hereinafter referred to as “Hong Kong”), unless otherwise specified.
Any dispute, controversy or claim arising out of or relating to the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the HKIAC Arbitration Rules as at present in force and as may be amended by the rest of this Clause:
a. The appointing authority shall be Hong Kong International Arbitration Centre (hereinafter referred to as “HKIAC”); or alternatively, an appointing authority may be appointed by the Company at its sole and absolute discretion in any country which the Company considers as fit and appropriate. Any User(s) who are in dispute with the Company acknowledge(s) and agree(s) that the choice of appointing authority nominated by the Company shall be final and conclusive.
b. The place of arbitration shall be in Hong Kong at HKIAC; or alternatively, at any such arbitral body in any country as the Company considers fit and appropriate at its sole and absolute discretion. Any User(s) who are in dispute with the Company acknowledge(s) and agree(s) that the choice of the arbitral body and the place of arbitration nominated by the Company shall be final and conclusive.
c. There shall be only one arbitrator.
d. The language to be used in the arbitral proceedings shall be English.
In the event of any breach of the Terms and Conditions by any one party, the other party shall be entitled to remedies in law and equity as determined by arbitration.
- Rights of Third Parties
Except as expressly set forth herein, no person other than the parties to these Terms and Conditions shall have any right to enforce any term hereof.
Should there be any inconsistency between the English version and any version in other language, the English version shall always prevail.
For any query, please click here to contact Customer Relationship Executive of the Company.