TERMS

TERMS AND CONDITIONS FOR ONLINE SALE OF PRODUCTS

  1. These terms
    1. These are the terms and conditions on which we supply We sell subscriptions plans for our relaxing music app to allow users advanced feature such as unlimited music without advertisement. (“Products”) to you through our website, software and applications provided by us (collectively, our “Platform”).
    2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
    3. By using our Platform, you agree to these terms. If you are using our Platform as are presentative of an entity, you are agreeing to these terms on behalf of that entity.
  2. Information about us and how to contact us
    1. We are Top Ease Asia Investment Limited, a company registered in Hong Kong, trading as Top Ease Asia Investment Limited. Our company registration number is 64316803-000-01-18-1 and our registered office is at 12/F., 3 Lockhart Road, Wan Chai, Hong Kong.
    2. For any questions or problems relating to our Platform, our Products or these terms, you can contact us by telephoning our customer service team at enquiry@topeaseintl.com or email us at ____________ or write to us at Postal address:14/F, China Hong Kong Tower, 8 Hennessy Road, Wan Chai, Hong Kong SAR.
    3. We are the data controller in relation to our Platform and are responsible for your personal data. Please refer to Clause 12 and our privacy policy which is available at https://getserenityapp.com for information about what personal data we collect and what we do with it. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.
    4. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
    5. When we use the words "writing" or "written" in these terms, this includes emails.
  3. Our contract with you
    1. You may place orders with us as instructed on our Platform. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    2. If we are unable to accept your order, we will let you know in writing and will not charge you for the Product ordered. This might be because:
      • (a) the Product ordered is out of stock;
      • (b) there are unexpected limits on our resources which we could not reasonably plan for;
      • (c) we have identified an error in the price or description of the Product; or
      • (d) we are unable to meet a delivery deadline you have specified.
    3. We will assign an order number to each order. Please tell us the order number whenever you contact us about your order.
  4. Your rights to make changes
    1. If you wish to make a change to the Product you have ordered, please contact us. We have full discretion whether or not to accept the changes. We will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 7- Your rights to end the contract).
  5. Changes to our product or these terms
    1. We may make minor changes to the Product from time to time in order to:
      • (a) reflect changes in relevant laws and regulatory requirements; and
      • (b) implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
    2. If we make significant changes to these terms or the Product, we will notify you and you may then contact us to end the contract before the changes take effect and receive are fund for any Products paid for but not received.
    3. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
  6. Providing the products
    1. We will supply the Products to you until the subscription expires or you end the contract as described in Clause 7 or we end the contract by written notice to you as described in Clause 8.
    2. If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    3. We may have to suspend the supply of a Product to:
      • (a) deal with technical problems or make minor technical changes;
      • (b) update the Product to reflect changes in relevant laws and regulatory requirements; or
      • (c) make changes to the Product as requested by you or notified by us to you (see Clause5).
    4. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product, we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than zero (0) days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
    5. If you do not pay us for the Products when you are supposed to (see Clause10.4) and you still do not make payment within zero (0) days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see Clause 10.5). We will not charge you for the Products during the period for which they are suspended.
  7. Your rights to end the contract
    1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      • (a) If what you have bought is faulty or misdescribed you may have a right to end the contract or to get the Product repaired or replaced or to get some or all of your money back, see Clause9;
      • (b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 7.2;
      • (c) In all other cases, see Clause 7.4.
    2. If you are ending a contract for a reason set out below the contract will end immediately, we will refund you in full for any Products which have not been provided and you may also be entitled to compensation:
      • (a) we have told you about an upcoming change to the Product or these terms which you do not agree to (see Clause 5.2);
      • (b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
      • (c) there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
      • (d) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than zero (0) days.
    3. Even if we are not at fault, you can still end the contract before it is completed (i.e. when the Product is downloaded or streamed and paid for) by giving us notice in writing, provided that you will pay us reasonable compensation for the net costs we will incur as a result of your ending the contract. In such case, the contract will end immediately. We will refund any advance payment you have made for Products which will not be provided to you.
    4. To end the contract with us, please fill in our online return form or post a printed return form to us, or email our customer services at ____________.
    5. We will make any refunds due to you as soon as possible, in any event with in ____________ week from the day you inform us that you wish to end your contract with us.
  8. Our rights to end the contract
    1. We may end the contract for a Product at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within zero (0) days of us reminding you that payment is due.
      • (a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example,____________;
    2. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least day in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
  9. Product defects
    1. We warrant that on delivery, the Products will:
      • (a) be of merchantable or satisfactory quality;
      • (b) be fit for purpose held out by us;
      • (c) be free from material defects in design, material and workmanship; and
      • (d) confirm with their description given on our Platform in all material aspects.
    2. Any warranty given by us under this clause does not apply to any defect in the Products arising from:
      • (a) fair wear and tear;
      • (b) willful damage, abnormal storage or working conditions, accident, or negligence by you or by any third party;
      • (c) your failure to operate or use the Products in accordance with any instructions(including instructions relating to storage, installation, use and maintenance) given by us;
      • (d) any alteration or repair by you or by a third party; or
      • (e) us following any of your specifications or requests.
    3. If you become aware of any defect in all or part of the Products performed, you must give notice in writing to us as soon as practicable.
    4. Where the Products reported under Clause 9.3 are found to be defective we will, at our option, replace the defective Products or refund the price of such defective Products in full. We have no further liability to you for defective Products upon replacement or refund of the defective Products.
    5. If you have any questions or complaints about any Product, please call customer services on enquiry@topeaseintl.com or email us at ____________.
  10. Price, payment and cancellation policy
    1. The price of the Product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see Clause 10.2 for what happens if we discover an error in the price of the Product you order.
    2. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the correct price for the Product at your order date is less than the price stated to you, we will charge the lower amount; but if it's higher than the price stated to you, we will contact you for your instructions before we accept your order.
    3. We accept payment By "in app purchases" through Apple App Store, Google Play or other application platform authorised by Top Ease Asia Investment Limited. If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store("your IAP Account"). We enable users to purchase from the app by integrating payment services provided by Stripe. Stripe is a fully PCI DSS compliant payment provider. We do not store any payment-related information such as credit card details, provided by clients.
    4. You must pay for the Products before you download them.
    5. If you think an invoice is wrong please contact us promptly to let us know.
    6. Generally. From time to time, Serenity may offer products and services for purchase ("in app purchases") through the App Store, Google Play Store, or other payment platforms authorized by Serenity. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as the Google Play Store or App Store) (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Serenity or the third party account, as applicable, to charge you.
    7. Auto-Renewal; Automatic Card Payment If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.
    8. Objections to a payment already made should be directed to serenity.meditationapp@gmail.com. if you were billed directly by Serenity or the relevant third party account such as the App Store. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on Serenity or the relevant third party account, but be advised that you are still obligated to pay any outstanding amounts.
    9. If you want to change or terminate your subscription, you will need to log in to your third party and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Serenity application from your device. Deleting your account on Serenity or deleting the Serenity application from your device does not terminate or cancel your subscription; Serenity will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Serenity or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
    10. Refunds. Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
    11. For subscribers residing in the EU or European Economic Area - in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
    12. For subscribers residing in the Republic of Korea – in accordance with local law, you are entitled to a full refund of your subscription and/or unused Virtual Items during the 7 days following the purchase. Please note that this 7-day period commences upon the purchase.
    13. Except as noted above for members resident in the Republic of Korea, purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
    14. To request a refund: If you made a purchase using your Apple ID, refunds are handled by Apple, not Serenity. To request a refund, go to the App Store, click on your Apple ID, select "Purchase history", find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.
    15. If you made a purchase using your Google Play Store account or through Serenity directly: please contact serenity.meditationapp@gmail.com with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Serenity (you can find this on your confirmation email).
    16. If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.
    17. If you made a purchase through a payment platform not listed above, please request a refund directly from the third-party merchant through which you made your purchase.
    18. You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Items. That means that such purchases are FINAL AND NON-REFUNDABLE.
    19. Pricing. Serenity operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.
  11. Our responsibility for loss or damage suffered by you
    1. Subject to Clause11.2:
      • (a) all other warranties, conditions, or terms relating to fitness for purpose, quality, or condition of the Products, whether express or implied by statute or common law or otherwise, are expressly excluded;
      • (b) we shall not be liable to you (whether in contract, tort, or otherwise) for any loss of profit or any indirect or consequential loss arising from or in connection with the provision of the Products; and
      • (c) our total liability to you for all losses arising from or in connection with the provision of the Products shall be limited to the total sums received by us for the Products.
    2. Nothing in these terms will limit or exclude our liability for:
      • (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (where applicable);
      • (b) fraud or fraudulent misrepresentation; or
      • (c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
  12. Use of your personal information
    • When you register or otherwise use our Platform, you provide us with personal data which is collected and used in accordance with the terms of our privacy policy which is accessible at https://getserenityapp.com. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.
  13. Entire agreement
    1. These terms constitute the entire agreement between us in relation to your purchase. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, in relation to your purchase.
    2. You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
  14. Other important terms
    1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for Products not provided.
    2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. This contract is between you and us. Nobody else has any rights under this contract. No other person shall have any right to enforce any of its terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
  15. Languages
    1. In case of discrepancies between the English and Chinese language versions of these terms, the ____________ version shall prevail.
  16. Governing law and dispute resolution
    1. These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
    2. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to ____________ via their website at ____________.____________will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

TERMS OF USE

  1. THESE TERMS
    1. These terms of use govern your use and access to our services, including our website(s), our application(s), our application programming interfaces (APIs), our notifications and any information or content appearing therein (collectively our “Platform”).
    2. By using our Platform, you agree to these terms regardless of whether you are paying user or a non-paying visitor. If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity.
    3. You should also read our Privacy Policy which sets out how we collect and use your personal information.
  2. ABOUT US AND HOW TO CONTACT US
    1. We are Top Ease Asia Investment Limited, a company registered in Hong Kong, trading as Top Ease Asia Investment Limited. Our Company Registration Number is 64316803-000-01-18-1 and our registered office is at 12/F., 3 Lockhart Road, Wan Chai, Hong Kong SAR.
    2. For any questions or problems relating to our Platform, our products or services, or these terms, you can contact us by telephoning our customer service team at (+852) 3124 2810 or emailing us at enquiry@topeaseintl.com or writing to us at 14/F, China Hong Kong Tower, 8 Hennessy Road, Wan Chai, Hong Kong SAR.
    3. We are the data controller in relation to our Platform and are responsible for your personal data. Please refer to our Privacy Policy which is available at https://getserenityapp.com for information about what personal data we collect and what we do with it. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.
    4. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
    5. When we use the words "writing" or "written" in these terms, this includes emails.
  3. CHANGES OF TERMS
    1. We may amend these terms from time to time by posting the updated terms on our Platform. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the revised policy.
  4. AVAILABILITY OF OUR SERVICES
    1. We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we will give you advance notice where reasonably possible.
    2. We may release products, services, functionalities or features that we are still testing and evaluating. We will label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.
    3. We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any services we provide.
    4. We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
    5. You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.
  5. YOUR ACCOUNT AND PASSWORD
    1. In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.
    2. You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
    3. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.
    4. You agree to follow our Acceptable Use Policy, which is set out at the end of these terms.
    5. You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.
  6. USE OF THE PLATFORM
    1. You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.
    2. Subject to your payment of applicable fees, we give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable licence to access and use our Platform, including any software or application as part of the services we offer. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.
    3. This licence to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
    4. You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.
  7. YOUR RIGHTS
    1. You retain your rights to any information or content you submit, post or display on or through the Platform (“Your Content”). By submitting, posting or displaying such content, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content in any and all media or through any distribution channels (now known or later developed), subject to the applicable provisions in our Privacy Policy.
    2. You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.
    3. You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.
    4. If you believe your intellectual property rights have been infringed, please contact us by emailing us at enquiry@topeaseintl.com or call our customer service team at (+852) 3124 2810.
  8. OUR RIGHTS
    1. All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.
    2. We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Platform.
    3. Our name “Top Ease Asia Investment Limited” and our marks and logos are our trade marks (be it registered or unregistered) and may not be used without our express prior written consent.
  9. INTEGRATIONS
    1. We integrate with third-party software to provide a full suite of functionalities to our users. We are not responsible for any issues or loss arising from the use of any third-party software. Your access and use of the third-party software is governed by the terms of service or user agreements of that software.
  10. FEEDBACK
    1. We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
    2. You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
  11. LIMITATION ON LIABILITIES
    1. Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.
    2. To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
      • (a) we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;
      • (b) we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
      • (c) we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;
      • (d) we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
      • (e) we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and
      • (f) we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).
    3. To the fullest extent permitted by law, Our Entities are not liable to you or others for:
      • (a) any indirect, incidental, special, exemplary, consequential or punitive damages; or
      • (b) any loss of data, business, opportunities, reputation, profits or revenues;
      • (c) relating to the use of our Platform or any products or services we offer.
    4. We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
    5. If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
    6. Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.
  12. YOUR REPRESENTATION
    1. Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.
    2. If you are using the Platform on behalf of an entity, by using the Platform you represent that you have the necessary rights and authority to agree to these terms (and our Privacy Policy, Acceptable Use Policy and other documents referred to herein) on behalf of that entity.
  13. INDEMNITY
    1. You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.
    2. You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.
  14. TERMINATION
    1. These terms will continue to apply until terminated by either you or us as follows.
    2. You may stop using the Platform any time by deactivating your account.
    3. We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:
      • (a) you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);
      • (b) you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;
      • (c) we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
      • (d) our provision of the Platform to you is no longer possible or commercially viable
      • In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.
    4. Upon termination of your access, these terms will also terminate except for Clauses11.to 19.
    5. Where we consider necessary or appropriate, we will report any breach of these terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
  15. ENTIRE AGREEMENT
    1. These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.
    2. You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
  16. OTHER IMPORTANT TERMS
    1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any products not provided.
    2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
  17. CONTACT
    1. If you have any questions about these terms or the Acceptable Use Policy, please contact us by enquiry@topeaseintl.com.
  18. LANGUAGES
    1. In case of discrepancies between the English and Chinese language versions of these terms, the English version shall prevail
  19. GOVERNING LAW DISPUTE RESOLUTION
    1. These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
    2. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to A. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the Hong Kong Special Administrative Region Law. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. B. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. C. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the courts located in Hong Kong SAR. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. D. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the Hong Kong SAR without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. E. The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Serenity does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.via their website at http://www.hkcfa.hk/en/home/index.html. A. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the Hong Kong Special Administrative Region Law. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. B. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. C. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the courts located in Hong Kong SAR. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. D. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the Hong Kong SAR without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. E. The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Serenity does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area. will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

ACCEPTABLE USE POLICY

  • As part of the terms of use, you agree not to misuse the Platform or help anyone else to do so. For example, you agree not to do any of the following in connection with the Platform:
  • (a) use our Platform for unlawful or unauthorised purposes;
  • (b) re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;
  • (c) probe, scan, or test the vulnerability of any system or network;
  • (d) breach or otherwise circumvent any security or authentication measures or service use limits;
  • (e) access, tamper with, or use non-public areas or parts of the Platform;
  • (f) interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;
  • (g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
  • (h) access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk) or attempt to do so;
  • (i) send unsolicited communications, promotions or advertisements, or spam;
  • (j) forge any TCP/IP packet header or any part of the header information in any email;
  • (k) send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";
  • (l) surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
  • (m) abuse referrals or promotions;
  • (n) post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
  • (o) violate the letter or spirit of our terms of use;
  • (p) violate applicable laws or regulations in any way; or
  • (q) violate the privacy or infringe the rights of others

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