Terms of Service for Anyone User App (用戶版)

  1. Introduction

The Anyone Platform (as defined below) is an online “product and service matching” marketplace provided by Talents Times Technology Limited (“Talents Times“, “we”, “us”, or “our”), a Hong Kong registered limited company, at www.anyonehk.com (the “Site”). We connect users requesting lifestyle services with Talents (as defined below) who provide such lifestyle services. For details, please refer to Clause 5 (Description of Services) below.

    1. These terms of service (the “Terms“) govern your access to and use of Anyone. Please read the Terms carefully before accessing to and/or using Anyone.
    2. Relationship between the Talents and Talents Times. In addition to Clause 22 (Talents are Independent Contractors) below, you hereby agree that the Talents  and Talents Times are not legal partners or agents; instead, the relationship is that of independent contractors and it does not constitute any form of employment relationship through the provision of the services under Talent Offers. YOU HEREBY ACKNOWLEDGE THAT, IN ANY EVENT, WE: 
      1. ARE NOT AND SHALL NOT BE REGARDED AS A PARTY TO ANY CONTRACT MADE BETWEEN YOU AND A TALENT; AND 
      2. ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RELATING TO THE SAME.
    3. The Chinese version of these Terms is a translated version and it is strictly for reference only. In case of any discrepancy between the English and Chinese versions of these Terms, the English version shall always prevail.
  1. Definitions and Interpretation
    1. In these Terms, unless otherwise stated:

Anyone” or “Anyone Platform

shall collectively mean and include the Site, the Anyone Apps, all contents, functionalities, and any other products, services, functions, features, technologies, apps, software or hardware offered by us (including any of the services accessible through, offered on or through any part of the foregoing) regardless of whether it is used independently or integrated as part of a collective service;

Anyone Apps

shall mean and include Anyone Pro, the Anyone User App, other mobile apps and software applications offered by us;

 

Anyone Pro

shall mean the mobile app for Talents to manage their accounts and offerings on the Anyone Platform;

Anyone User App

shall mean the mobile app for Users to use the Anyone Platform and access to our proprietary product and service matching technology;

Anyone User’s Guide

shall mean the Anyone user’s guide available at https://www.anyonehk.com/%e5%a6%82%e4%bd%95%e4%bd%bf%e7%94%a8anyone/;

Available Services

shall mean the defined list of permitted services on Anyone available at [link] that a Talent can offer on Anyone. Primarily, services are classified in 3 main categories:

  1. General Services;
  2. Quotations (e.g. renovation quotation); and
  3. Emergency Services;

Community Guidelines

shall mean the community guidelines, code of conduct and other house rules available at https://www.anyonehk.com/communityguidelines/;

Hong Kong

shall mean the Special Administrative Region of Hong Kong of the People’s Republic of China;

Legacy System

shall mean any system, software, platform, operating system, hardware or device that is considered as obsolete/outdated by us;

Payment Processors

shall mean any third-party payment processing service provider (e.g. a credit card company) we use to process payments on the Anyone Platform; 

Privacy Policy

shall mean our privacy policy available at [link];

Refund Policy

shall mean our refund policy available at https://www.anyonehk.com/refundpolicy/;

Talent” or “Service Provider 

shall mean a service provider (may also be referred as a Talent or “專家” in Chinese) who offers its services and/or products on the Anyone Platform;

Talent Offer

shall mean a service and/or product (which must be one of the Available Services) a Talent lists and offers on Anyone;

Third-Party Sign-in

shall mean a third-party sign-in service we support such as Facebook, Google, or WeChat that is supported by Anyone; and

User”, “you”, or “your

shall mean a registered user of Anyone who is a Talent who lists and sells its services and/or products on Anyone.

    1. Unless the context otherwise requires the singular includes the plural and vice versa.
  1. Acceptance of the Terms
    1. Account. By registering with us for a User account (an “Account”) or by using and/or continuing to use the Anyone Platform, you agree to be bound and abide by these Terms and our Privacy Policy. You further agree to provide us with your personal information subject to Clause 6 below. You also represent that you are of legal age to form a binding contract with us and are not barred under any applicable laws from doing so. 
    2. Company Account. If you use Anyone on behalf of a company or an organization (the “Organization”), you represent and warrant that you have the authority to bind the Organization to these Terms, in which case the term “you” shall refer to both you and the Organization. In addition to the required information and documents set out in clause 3.1 above, you are required to provide us with the relevant legal documents of your company including but not limited to its business registration certificate and further documentation as required by us.
    3. If you do not agree with these Terms or do not meet these requirements, you should not access to or use Anyone and you must stop using or accessing Anyone immediately.
  1. Changes to these Terms
    1. We reserve the right to change, revise and update these Terms from time to time at our sole discretion (the “Updates”).
    2. Unless stated otherwise, all Updates effective immediately when posted, and apply to all aspects of Anyone thereafter. Your continued use of Anyone following the posting of updated Terms means that you accept and agree to the changes.
    3. We are and will be continually improving Anyone, adding new features and removing certain features from time to time at our sole discretion. As these Terms are binding on you, you are expected to check the latest version of these Terms each time you access Anyone so you are aware of any Updates. You must update the Anyone App to the latest version to use all the newest features.
  1. Description of Services
    1. The Anyone Platform, a product and service matching platform, is an online community where Talents offer their services to the Users (i.e. Talent Offers). We are a mobile application platform that connects users looking for local life services and talents who provide local life services. Users and Talents agree and acknowledge that we are just a platform for communication with each other. We do not provide local life services.
    2. Overview:
      1. Each registered user is required to create a profile on Anyone subject to Clause 6.1.
      2. Talents must set out their background, skills, services, pricing and other relevant information in their individual profiles.
      3. Users can browse the listing of Available Services and, subject to Clause 28.3, use Anyone Apps to locate matching Talent(s) and offering(s).
      4. For the most up-to-date and detail description of our services, please refer to the full list of Available Services online.
    3. Talent Offers must:
      1. be in compliance with these Terms;
      2. belong to an existing category of the Available Services;
      3. be in compliance with the policy or requirements (e.g. insurance) being enforced at the time of offering;
      4. be genuine or authentic; and
      5. be in compliance with, when and where appliable, the Sale of Goods Ordinance (Cap. 26), Trade Descriptions Ordinance (Cap. 362), and other applicable laws.
    4. Talents may specify additional terms and conditions for each of their respective Talent Offers according to Clause 8.3 below.
    5. Talent Offers are subject to our review and approval before they are made available to you subject to Clause 11.3 below.
    6. If a service you desire is not defined in the Available Services, please contact us.
  1. Registering for and Using Anyone
    1. To fully use Anyone, you must register with us. Unregistered users only have limited access to it.
    2. In addition to Clause 3 above, when you register for an Anyone account, you will be asked to provide registration details and certain information. By providing any information about yourself and/or your Organization (if appliable), you represent and warrant that all the information you provide to us is true, accurate, current and complete. You further agree that all information you provide to us is governed by our Privacy Policy, and you hereby explicitly consent to all actions we take with respect to your information consistent with our Privacy Policy.
    3. You agree to provide us with proof of your identity upon reasonable request and any additional documents and/or proofs may be required if and when necessary. 
    4. We reserve the right to withdraw or amend Anyone or any portion thereof in our sole discretion without notice. We will not be liable if, for any reason, Anyone or any portion are unavailable at any time or for any period. You are responsible for:
      1. making all necessary arrangements for you to have access to Anyone (e.g. providing your own compatible equipment, mobile devices, and Internet connection and paying any Internet access fees); and 
      2. ensuring that all persons who access Anyone through your Internet connection are aware of these Terms and comply with them.
    5. For security reason, you must treat your Account and logon information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to Anyone or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security. You also agree to logoff from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that no one can access your Account and/or other personal information.
    6. We have the right to terminate, disable or suspend any Account at any time if, in our view, you have violated any provision of these Terms or Community Guideline or our policy/requirements on individual Available Services at our sole discretion without providing any explanation.
  1. Permitted and Prohibited Uses by You
    1. You may use Anyone only for lawful purposes and in accordance with these Terms. You agree not to use Anyone in any way that violates any applicable local and international laws or regulations.
    2. You also agree and hereby undertake not to:
      1. hack into, interfere with, disrupt or disable or otherwise impair the proper working of any part of Anyone including but not limited to any forms of hacking, reverse engineering, decoding, reprogramming, tampering, sniffing, and attacks;
      2. use Anyone in any manner (e.g. distributed denial-of-service (DDoS) attack) that could disable, overburden, damage, or otherwise impair or interfere with any other party’s use of Anyone; 
      3. use any robot, spider or other automatic means to access Anyone for any purpose, including monitoring or copying any of the material provided by Anyone;
      4. attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Anyone, or any server, computer or database connected to us (including our internal network);
      5. clone/copy or attempt to clone/copy all or any parts of the Anyone Platform by you or by any of your contractors, associates, and/or related parties;
      6. introduce malware or code of any form including but not limited to viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful to Anyone and/or other users; 
      7. attempt to bypass methods we may use to prevent or restrict access to Anyone;
      8. use Anyone for any purpose competitive to us or our affiliates, or for the purpose of disparaging Anyone or us;
      9. scrape or copy any information of other users through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work) for any purpose whatsoever; and
      10. market, sell, transfer, or otherwise make available to any other person or entity any data collected from, or derived from data collected from Anyone for any commercial, political, market surveying or other purpose, whether in aggregated or bulk form or otherwise.
  1. Use of Anyone
    1. You may use Anyone free of charge and only pay for the Talent Offers you desire.
    2. Talents pay us to list and make their Talent Offers available to you. Unregistered users only have limited access to Anyone, for example, certain details such as prices are hidden from them.
    3. Subject to our review and approval, Talents may specify additional terms and conditions that are unique to their Talent Offers. By purchasing a Talent Offer, you are deemed to have accepted such additional terms and conditions. Please read and review such terms and conditions before making any purchase.
    4. Third-party Sign-in. Notwithstanding that you may use Third-party Sign-in to logon (subject to such Third-party Sign-ins’ terms and conditions), you agree to provide additional information when it is necessary and required.
    5. For further details and help, please refer to the Anyone User’s Guide.
  1. Payments for Services and Refund Policy
    1. All payments on Anyone are processed by the Payment Processors. We do not have access to payment information such as your credit card number.
    2. The Refund Policy are applicable to all Talent Offers.
    3. Talents may specify supplemental terms relating to payment and refund pursuant to Clause 8.3.
    4. By making a purchase, you are deemed to have accepted the terms and conditions relating to the Talent Offer(s) you are purchasing. You shall review the relevant payment terms and refund policy accordingly.
  1. User Content
    1. You may upload, post, submit, publish, display, or transmit various content, listings or materials on the Anyone Platform (including but not limited to chats, message boards, forums, bulletin boards, and other interactive features). Any user-posted/generated content or materials are referred to in these Terms as “User Content”, and includes any content posted by a Talent in providing its services.
    2. All User Content must comply with the content standards set out in these Terms and the Community Guidelines (if appliable). Furthermore, all User Content are subject to Clause 11 (Monitoring and Enforcement).
    3. Any User Content you post on Anyone will be considered non-confidential. Your User Content belongs to you; however, by posting your User Content on Anyone (except for personal data and subject to applicable privacy laws),, you grant us the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose your User Content for the purpose of marketing and promoting Anyone and other services by us.
    4. You understand and acknowledge that you are responsible for any User Content you submit or contribute and you have full responsibility for such User Content.
    5. With the exception of the content provided by us, any content or opinion uploaded, expressed or submitted to Anyone, and all articles, text and responses to questions and other content are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of us. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Anyone.
    6. Talent Content. Unless otherwise stated, you agree that any User Content provided to you by a Talent in response to your purchase of any Talent Offer from the Talent, including any digital content, text or media provided by a Talent (“Talent Content“), is owned by the Talent and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that you will only access and view such Talent Content via Anyone and not use the same in any other way whatsoever. No portion of the Talent Content may be reproduced, copied or transmitted in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on such Talent Content in any manner, and you shall not exploit the Talent Content in any way whatsoever. You agree that you will not use any Talent Content in a manner that would infringe or violate the rights of the Talent or any other party, and that we are not in any way responsible for any such use by you.
  1. Monitoring and Enforcement
    1. To the maximum extent permitted by law, we have the right to:
      1. take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content violates these Terms, including our content standards, infringes any intellectual property right, threatens the personal safety of other users of Anyone and the public, or could create liability for us and/or any users.
      2. disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
      3. take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Anyone. 
      4. Terminate, disable or suspend your Account and/or your access to all or any part of Anyone for any violation of these Terms and the Community Guidelines at our sole discretion with immediate effect.
    2. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone accessing Anyone. You waive and hold harmless Talents Times from any claims resulting from any action taken by us during or as a result of our investigations and from any actions taken as a consequence of investigations by either us or law enforcement authorities.
    3. You understand and agree that we can neither review all material (including but not limited to Talent Offers) before it is posted on Anyone nor ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, external links, websites, or content provided by any user or third parties as we have no control over the same. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section as Clause 4.4. and 8.3 above.
  1. Content Standards
    1. These content standards apply to all User Content. User Content must in its entirety comply with all applicable local and international laws and regulations. Without limiting the foregoing, User Content must not:
      1. promote, advocate, or assist any illegal activity and/or unlawful act.
      2. contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
      3. contain sexually explicit or pornographic material, violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
      4. infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.
      5. cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
      6. be likely to deceive any person such as giving the impression that they originated from us, if this is not the case.
      7. be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
      8. violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
      9. involve commercial activities and/or sales other than as permitted by these Terms, such as contests, sweepstakes, and other sales promotions, barter, advertising or pyramid schemes.
    2. We in our full discretion can remove any content created by a user without giving any reasons for such removal.
  1. Copyright Infringement
    1. If you believe that your work has been copied on Anyone in a way that may constitute copyright infringement, please provide us with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
      1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
      2. A description of the copyrighted work that you claim has been infringed upon;
      3. A description of where the material that you claim is infringing is located on the Site;
      4. Your address, telephone number, and e-mail address;
      5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
    2. For notice of claims of copyright infringement regarding Anyone, please refer to Clause 18 (Notice).
  1. Links from Anyone to other websites
    1. Anyone contains links to other internet sites and resources provided by third parties. These links are provided for your convenience only. This may include links provided by Talents for information on their Talent Offers, links provided by the Payment Processors for their payment processing services, other users or contained in advertisements including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 
    2. If you decide to access any of the third-party websites linked to Anyone, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy policy for such websites or services.
  1. Trademarks
    1. The ANYONE name and logo are our trademarks (wordmark). You must not use this name and logo without our prior written permission.
    2. All other names, logos, product and service names, designs and slogans on and used in Anyone are the trademarks of their respective owners.
  1. Termination
    1. You have the right to terminate your Account at any time by contacting us at the email address set out in Clause 29.5. Please take notice that deleting the Anyone Apps from your mobile device does not terminate your Account.
    2. Upon termination of your Account, your user profile will be removed from Anyone, your User Content may be removed from Anyone, and your User Content will not be available to you. However, you understand that we are not required to remove your User Content, and removed content may persist in backup copies for a reasonable period of time. We have no obligation to maintain or provide your User Content after account termination and may delete all content provided unless legally prohibited from doing so.
  1. Privacy of Personal Data 
    1. We respect your privacy and do not sell your personal information. All information received by us from your use of Anyone will be used by us in accordance with our Privacy Policy and the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (the “PDPO”). Please read our Privacy Policy for details on how we may process your personal data (if any).
    2. We may collect anonymous data (e.g. website traffic) for data analytics use only. 
    3. We require all Talents to confirm and undertake that they will only process such personal data (if any) for the sole purpose of participating in Anyone and, where applicable, to supply their services to you and they will take reasonable measures to keep such personal data secure in accordance with the PDPO or other applicable privacy laws. Please read the relevant privacy policy as well as terms and conditions of a Talent before making a purchase (i.e. forming a valid contract). We are not a party to any contract made between you and a Talent pursuant to Clauses 1.2 (Relationship between the Talents and Talents Times) and 22 (Talents are Independent Contractors) and are not responsible for the same in any event.
  1. Notices
    1. For legal notices or other formal communications to us under these Terms to be valid, it must be in writing and delivered (1) by hand, (2) by registered mail, request receipt requested and postage prepaid, or (3) by courier, request receipt requested, with all fees prepaid to the following address:

Talents Times Technology Limited

ROOM 16 FLAT 01-03 25/F CDW BUILDING 388 CASTLE PEAK ROAD, 

TSUEN WAN, N.T., 

HONG KONG. 

For general inquiries, customer services and technical supports, please refer to Clause 28.3 below.

    1. You agree that we can deliver notices or other communications to you by, through or via:
      1. in-app notifications;
      2. email;
      3. phone;
      4. mailing address; and/or
      5. short message service (SMS) or other forms of mobile messages (e.g. Whatsapp, Facebook Messenger, WeChat etc.).
  1. Disclaimer of Warranties
    1. Information provided on Anyone is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available on Anyone. We disclaim any and all liability for any loss, damage or injury based on information directly or indirectly obtained through Anyone.
    2. You understand that we cannot and do not guarantee or warrant that content, if any, available for downloading from the Internet or Anyone will be free of computer viruses of other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus, anti-malware protection and for maintaining a means external to Anyone for any reconstruction of any lost data. We will not be liable for any loss or damage caused by any form of attacks that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Anyone or items, physical and digital, obtained through Anyone or to your downloading of any material posted on it, or on any site linked to it.
    3. Your use of Anyone is at your own risk. Anyone, its content, and any features or items obtained through Anyone are provided on an “as is” and “as available” basis, without any warranties of any kind, either express, implied or statutory. Neither we nor anyone associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither we nor anyone associated with us represents or warrants that the services, their content, or any features or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Services or the servers that makes them available are free of viruses or other harmful components or that Anyone or any features or items obtained through Anyone will otherwise meet your needs or expectations.
    4. We and all parties associated with us hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
    5. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
  1. Limitation of Liability
    1. In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, Anyone, any websites linked to Anyone, or any content on Anyone or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    2. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
  1. Indemnification
    1. You agree to defend, indemnify, and hold harmless Talents Times, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of Anyone, including, without limitation, any use of the content, services, and products of Anyone other than as expressly authorized in these Terms or your use of any information obtained from Anyone.
    2. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant us and our affiliates the rights granted herein. You represent and warrant that all of your User Content does and will comply with these Terms, and you agree to defend, indemnify and hold harmless Talents Times and its affiliates and licensors for any breach of any representation and warranty contained in these Terms.
  1. Talents are Independent Contractors
    1. Pursuant to Clause 1.2, you (a User of Anyone) acknowledge that in the provision of Talent Offers:
      1. the Talents shall not utilize the Anyone Platform to obtain employment and you shall not regard yourselves as an employer of the Talents;
      2. the Talents shall solely rely on their own experience and professional knowledge or skill and that we do not provide the Talents with any assistance whatsoever; furthermore, the Talents warrant and undertake that they have the necessary licenses, qualification, skills and experience to provide the services under Talents Offers;
      3. the Talents agree to prepare the necessary tools and comply with the relevant laws as to the required obligation of an independent contract (including purchase of valid insurance coverage) in order to provide their respective Talent Offers lawfully
      4. the Talents shall be responsible for:
        1. your own chance of profit and risk of loss;
        2. fulfilling your own legal and taxation requirements and obligations in the provision of the services under Your Offers; and
        3. all costs and expenses relating to running your own business and providing the services under Your Offers to Users;
      5. you shall not be entitled to any rights or benefits, as employee of us or otherwise, under any statutory provisions; and
      6. the Talents undertake to perform the service under Talent Offers pursuant to the relevant contracts/orders with you.
    2. Disputes between you and the Talents. You understand and acknowledge that:
      1. Talents shall be held fully responsible for the settlement of claims and the recovery of losses raised by you relating to the provision of the services under Talent Offers.; and
      2. Talents Time is not a party to any contract/agreement between you and the Talents; we shall not be held responsible for the foregoing in any event.
  1. Governing Law and Jurisdiction
    1. These Terms shall be governed by and construed in accordance with the laws of Hong Kong.
    2. Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to these Terms shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall also be Hong Kong law. The place of arbitration shall be in Hong Kong at HKIAC and the number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
  1. Waiver
    1. No waiver of these Terms by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
  1. Severability
    1. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
  1. Entire Agreement
    1. These Terms constitute the sole and entire agreement between you and us with respect to Anyone and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Anyone.
  1. Geographic Restrictions
    1. Talents Times is a Hong Kong company and Anyone is based in the Hong Kong Special Administrative Region. We make no claims that Anyone or any of its content is accessible or appropriate outside of Hong Kong. 
    2. Anyone may not be accessible from outside of Hong Kong and access to Anyone may not be legal by certain persons or in certain countries. If you access Anyone from outside of Hong Kong, you do so on your own initiative and are responsible for compliance with local laws.
  1. Other Terms and Polices
    1. There are other terms and policies that may be applicable to you. Here is the list of our terms and policies:
      1. Anyone Terms of Service for Users (i.e. these Terms);
      2. Anyone Pro Terms of Service (appliable to Talents only);
      3. Privacy Policy;
      4. Community Guidelines; and
      5. Refund Policy.
    2. Subject to Clause 1.3, our terms and policies are written in English and Chinese. 
    3. Mobile platform support. In addition to the provisions under Clauses 19 (Disclaimer of Warranties) and 20 (Limitation of Liability), we do not provide support to any Legacy System. If you decide to use Anyone on such Legacy System, you do so entirely at your own risk and any warranty contained in these Terms is void.
  1. Miscellaneous
    1. You may not assign any of your rights under these Terms, and any such attempt is void and invalid.
    2. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with Anyone. Talents Times and you are not legal partners or agents; instead, our relationship is that of independent contractors.
    3. Our mobile apps require the following permissions on your device to be fully functional. Certain functions may not be available if these permissions are not granted on your device such as allowing Anyone to access to your device’s location (for Talent and service matching), to take pictures and record videos, to make and mange phone calls, and to send messages (e.g. refer-a-friend feature) etc.
    4. We reserve all rights not expressly granted to you.
    5. For general enquiries, feedback, comments, requests for technical support, and other communications, please contact us at (852) 3618 8647 or email to support@anyonehk.com

Terms of Service for Anyone Pro (專家版)

  1. Introduction

The Anyone Platform (as defined below) is an online “product and service matching” marketplace provided by Talents Times Technology Limited (“Talents Times“, “we”, “us”, or “our”), a Hong Kong registered company, at www.anyonehk.com (the “Site”). We connect users requesting lifestyle services with Talents who provide such lifestyle services. For details, please refer to Clause 5 (Description of Services) below.

    1. These terms of service (the “Terms“) govern your access to and use of Anyone. Please read the Terms carefully before accessing to and/or using Anyone.
    2. Relationship between you and Talents Times. In addition to Clause 22 (Talents are Independent Contractors) below, you hereby agree that you, a Talent (as defined below), and Talents Times are not legal partners or agents; instead, our relationship is that of independent contractors and it does not constitute any form an employment relationship through the provision of the services under Your Offers. YOU HEREBY ACKNOWLEDGE THAT, IN ANY EVENT, WE:
      1. ARE NOT AND SHALL NOT BE REGARDED AS A PARTY TO ANY CONTRACT MADE BETWEEN YOU A USER; AND 
      2. ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RELATING TO THE SAME.
    3. The Chinese version of these Terms is a translated version and it is strictly for reference only. In case of any discrepancy between the English and Chinese versions of these Terms, the English version shall always prevail.
  1. Definitions and Interpretation
    1. In these Terms, unless otherwise stated:

Anyone” or “Anyone Platform

shall collectively mean and include the Site, the Anyone Apps, all contents, functionalities, and any other products, services, functions, features, technologies, apps, software or hardware offered by us (including any of the services accessible through, offered on or through any part of the foregoing) regardless of whether it is used independently or integrated as part of a collective service; 

Anyone Apps

shall mean and include Anyone Pro, the Anyone User App, other mobile apps and software applications offered by us;

 

Anyone Pro

shall mean the mobile app for Talents to manage their accounts and offerings on the Anyone Platform;

Anyone Pro User’s Guide

shall mean the Anyone Pro user’s guide available at https://www.anyonehk.com/%e5%a6%82%e4%bd%95%e5%8a%a0%e5%85%a5anyone-pro/;

Anyone User App

shall mean the mobile app for Users to use the Anyone Platform and access to our proprietary product and service matching technology;

Anyone User’s Guide

shall mean the Anyone user’s guide available at https://www.anyonehk.com/%e5%a6%82%e4%bd%95%e4%bd%bf%e7%94%a8anyone/;

Available Services

shall mean the defined list of permitted services on Anyone available at https://www.anyonehk.com/%E6%9C%8D%E5%8B%99%E5%88%86%E9%A1%9E%E6%90%9C%E5%B0%8B/ that a Talent can offer on Anyone. Primarily, services are classified in 3 main categories:

  1. General Services;
  2. Quotations (e.g. renovation quotation); and
  3. Emergency Services;

Community Guidelines

shall mean the community guidelines, code of conduct and other house rules available at https://www.anyonehk.com/communityguidelines/;

 

Hong Kong

shall mean the Special Administrative Region of Hong Kong of the People’s Republic of China;

In-App Coins” or “Coins

shall mean Anyone in-app credits or “gold coins” you must purchase (via Google Play on Android or Apply App Store on iOS) in order to provide quotations to Users. Please refer to our Standard Payment Terms for details;

Legacy System

shall mean any system, software, platform, operating system, hardware or device that is considered as obsolete/outdated by us;

Payment Processors

shall mean any third-party payment processing service provider (e.g. a credit card company) we use to process payments on Anyone;

Privacy Policy

shall mean our privacy policy available at [link];

Refund Policy

shall mean our refund policy available at https://www.anyonehk.com/refundpolicy/;

Talent”, “Service Provider”, “you”, or “your

shall mean a service provider (i.e. you – may also be referred as a talent or “專家” in Chinese) who offers its services and/or products on the Anyone Platform;

Talent Offer” or “Your Offer

shall mean a service or product (which must be one of the Available Services) you list and offer on Anyone;

Standard Payment Terms

shall mean our prices of In-App Coins, service charges (e.g. number of Coins required for a service) and standard payment terms for Talents available at https://www.anyonehk.com/services/;

Third-Party Sign-in

shall mean a third-party sign-in service we support such as Facebook, Google, Apple, or WeChat that is supported by Anyone; and

User

shall mean a registered user of Anyone who is a consumer and not a Talent.

    1. Unless the context otherwise requires the singular includes the plural and vice versa.
  1. Acceptance of the Terms
    1. Account. By registering with us for a Talent account (an “Account”) or by using and/or continuing to use the Anyone Platform, you agree to be bound and abide by these Terms and our Privacy Policy. You further agree to provide us with your personal information subject to Clause 6 below. You also represent that you are of legal age to form a binding contract with us and are not barred under any applicable laws from doing so. 
    2. Company Account. If you use Anyone on behalf of a company or an organization (the “Organization”), you represent and warrant that you have the authority to bind the Organization to these Terms, in which case the term “you” shall refer to both you and the Organization. In addition to the required information and documents set out in clause 3.1 above, you are required to provide us with the relevant legal documents of your company including but not limited to its business registration certificate and further documentation as required by us.
    3. If you do not agree with these Terms or do not meet these requirements, you should not access to or use Anyone and you must stop using or accessing Anyone immediately.
  1. Changes to these Terms
    1. We reserve the right to change, revise and update these Terms from time to time at our sole discretion (the “Updates”).
    2. Unless stated otherwise, all Updates effective immediately when posted, and apply to all aspects of Anyone thereafter. Your continued use of Anyone following the posting of updated Terms means that you accept and agree to the changes.
    3. We are and will be continually improving Anyone, adding new features and removing certain features from time to time at our sole discretion. As these Terms are binding on you, you are expected to check the latest version of these Terms each time you access Anyone so you are aware of any Updates. 
  1. Description of Services
    1. The Anyone Platform, a product and service matching platform, is an online community where Talents offer their services to the Users (i.e. Talent Offers). We are a mobile application platform that connects users looking for local life services and talents who provide local life services. Users and Talents agree and acknowledge that we are just a platform for communication with each other. We do not provide local life services.
    2. Overview:
      1. Each registered user is required to create a profile on Anyone subject to Clause 6.1.
      2. Talents must set out their background, skills, services, pricing and other relevant information in their individual profiles.
      3. Users can browse the listing of Available Services and, subject to Clause 28.3, use Anyone Apps to locate matching Talent(s) and offering(s).
      4. For the most up-to-date and detail description of our services, please refer to the full list of Available Services online.
    3. Your Offers must:
      1. be in compliance with these Terms;
      2. belong to an existing category of the Available Services;
      3. be in compliance with the policy or requirements (e.g. insurance) being enforced at the time of offering;
      4. be genuine or authentic; and
      5. be in compliance with, when and where appliable, the Sale of Goods Ordinance (Cap. 26), Trade Descriptions Ordinance (Cap. 362), and other applicable laws. 
    4. You may specify additional terms and conditions for each of Your Offers according to Clause 8.3 below.
    5. Your Offers are subject to our review and approval before they can be made available to the Users subject to Clause 11.3 below.
    6. If you offer a service that is not defined in the Available Services, please contact us.
  1. Registering for and Using Anyone
    1. To fully use Anyone, you must register with us. Unregistered users only have limited access to it.
    2. In addition to Clause 3 above, when you register for Anyone, you will be asked to provide registration details and certain information. By providing any information about yourself and/or your Organization (if applicable), you represent and warrant that all the information you provide to us is true, accurate, current and complete. You further agree that all information you provide to us is governed by our Privacy Policy, and you hereby explicitly consent to all actions we take with respect to your information consistent with our Privacy Policy.
    3. You agree to provide us with proof of your identity upon reasonable request and any additional documents and/or proofs may be required if and when necessary. 
    4. We reserve the right to withdraw or amend Anyone or any portion thereof in our sole discretion without notice. We will not be liable if, for any reason, Anyone or any portion are unavailable at any time or for any period. You are responsible for:
      1. making all necessary arrangements for you to have access to Anyone (e.g. providing your own compatible equipment, mobile devices, and Internet connection and paying any Internet access fees); and 
      2. ensuring that all persons who access Anyone through your Internet connection are aware of these Terms and comply with them.
    5. For security reason, you must treat your Account and logon information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to Anyone or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security. You also agree to logoff from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that no one can access your Account and/or other personal information.
    6. We have the right to terminate, disable or suspend any Account at any time if, in our view, you have violated any provision of these Terms, Community Guidelines or our policy/requirements on individual Available Services at our sole discretion without providing any explanation.
  1. Permitted and Prohibited Uses by You
    1. You may use Anyone only for lawful purposes and in accordance with these Terms. You agree not to use Anyone in any way that violates any applicable local and international laws or regulations.
    2. You also agree and hereby undertake not to:
      1. hack into, interfere with, disrupt or disable or otherwise impair the proper working of any part of Anyone including but not limited to any forms of hacking, reverse engineering, decoding, reprogramming, tampering, sniffing, and attacks;
      2. use Anyone in any manner (e.g. distributed denial-of-service (DDoS) attack) that could disable, overburden, damage, or otherwise impair Anyone or interfere with any other party’s use of Anyone; 
      3. use any robot, spider or other automatic means to access Anyone for any purpose, including monitoring or copying any of the material provided by Anyone;
      4. attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Anyone, or any server, computer or database connected to the Site and Talents Times;
      5. clone/copy or attempt to clone/copy all or any parts of the Anyone Platform by you or by any of your contractors, associates, and/or related parties;
      6. introduce malware or code of any form including but not limited to viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful to Anyone and/or other users;
      7. attempt to bypass methods we may use to prevent or restrict access to Anyone;
      8. use Anyone for any purpose competitive to us or our affiliates, or for the purpose of disparaging Anyone;
      9. scrape or copy any information of other users through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work) for any purpose whatsoever; and
      10. market, sell, transfer, or otherwise make available to any other person or entity any data collected from, or derived from data collected from Anyone for any commercial, political, market surveying or other purpose, whether in aggregated or bulk form or otherwise.
  1. Use of Anyone and Anyone Pro
    1. Users may use Anyone free of charge and only pay for the Talent Offers they desire.
    2. You pay us to list and make Your Offers available to the Users. Unregistered users only have limited access to Anyone, for example, certain details such as prices are hidden from them.
    3. Subject to our review and approval, you may specify additional terms and conditions that are unique to Your Offers. Users are encouraged to review such terms and conditions before making any purchase.
    4. Third-party Sign-in. Notwithstanding that you may use Third-party Sign-in to logon (subject to such Third-party Sign-ins’ terms and conditions), you agree to provide additional information when it is necessary and required.
    5. For further details and help, please refer to the Anyone Pro User’s Guide and Anyone User’s Guide.
  1. Payments for Services and Refund Policy
    1. All payments on Anyone are processed by the Payment Processors. We do not have access to your payment information such as credit card number.
    2. Our Standard Payment Terms and the Refund Policy are applicable to all of Your Offers.
    3. You may only specify supplemental terms relating to payment and refund pursuant to Clause 8.3. You cannot override the Standard Payment Terms and the Refund Policy without our prior consent. 
    4. Coin Purchases. In-app purchases of Coins are subject to the applicable payment terms of your chosen mobile platform (i.e. Google Play and/or Apple App Store).
  1. User Content
    1. You may upload, post, submit, publish, display, or transmit various content, listings or materials on the Anyone Platform (including but not limited to chats, message boards, forums, bulletin boards, and other interactive features). Any user-posted/generated content or materials are referred to in these Terms as “User Content”, and includes any content posted by you in providing your services.
    2. All User Content must comply with the content standards set out in these Terms and the Community Guidelines (if appliable). Furthermore, all User Content are subject to Clause 11 (Monitoring and Enforcement).
    3. Any User Content you post will be considered non-confidential. Your User Content belongs to you; however, by posting your User Content on Anyone (except for personal data and subject to applicable privacy laws), you grant us the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose your User Content for the purpose of marketing and promoting Anyone and other services by us.
    4. You understand and acknowledge that you are responsible for any User Content you submit or contribute and you have full responsibility for such User Content.
    5. With the exception of the content provided by us, any content or opinion uploaded, expressed or submitted to Anyone, and all articles, text and responses to questions and other content are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of us. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Anyone.
  1. Monitoring and Enforcement
    1. To the maximum extent permitted by law, we have the right to:
      1. take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content violates these Terms, including our content standards, infringes any intellectual property right, threatens the personal safety of other users of Anyone and the public, or could create liability for us and/or any users.
      2. disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
      3. take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Anyone. 
      4. terminate, disable or suspend your Account and/or your access to all or any part of Anyone for any violation of these Terms and the Community Guidelines at our sole discretion with immediate effect and without prior notice.
    2. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone accessing Anyone. You waive and hold harmless Talents Times from any claims resulting from any action taken by us during or as a result of our investigations and from any actions taken as a consequence of investigations by either us or law enforcement authorities.
    3. You understand and agree that we can neither review all material (including but not limited to Your Offers) before it is posted on Anyone nor ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, external links, websites, or content provided by any user or third parties as we have no control over the same. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section as well as Clauses 4.4. and 8.3 above.
  1. Content Standards
    1. These content standards apply to all User Content. User Content must in its entirety comply with all applicable local and international laws and regulations. Without limiting the foregoing, User Content must not:
      1. promote, advocate, or assist any illegal activity and/or unlawful act.
      2. contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
      3. contain sexually explicit or pornographic material, violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
      4. infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.
      5. cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
      6. be likely to deceive any person such as giving the impression that they originated from us, if this is not the case.
      7. be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
      8. violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
      9. involve commercial activities and/or sales other than as permitted by these Terms, such as contests, sweepstakes, and other sales promotions, barter, advertising or pyramid schemes.
    2. We in our full discretion can remove any content created by a user without giving any reasons for such removal.
  1. Copyright Infringement
    1. If you believe that your work has been copied on Anyone in a way that may constitute copyright infringement, please provide us with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
      1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
      2. A description of the copyrighted work that you claim has been infringed upon;
      3. A description of where the material that you claim is infringing is located on the Site;
      4. Your address, telephone number, and e-mail address;
      5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
      6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
      7. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
    2. For notice of claims of copyright infringement regarding Anyone, please refer to Clause 18 (Notice).
  1. Links from Anyone to other websites
    1. Anyone contains links to other internet sites and resources provided by third parties. These links are provided for your convenience only. This may include links provided by you for information on your Talent Offers, links provided by the Payment Processors for their payment processing services, other users or contained in advertisements including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 
    2. If you decide to access any of the third-party websites linked to Anyone, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy policy for such websites or services.
  1. Trademarks
    1. The ANYONE name and logo are our trademarks (wordmark). You must not use this name and logo without our prior written permission.
    2. All other names, logos, product and service names, designs and slogans on and used in Anyone are the trademarks of their respective owners.
  1. Termination
    1. You have the right to terminate your Account at any time by contacting us at the email address set out in Clause 29.5. Please take notice that deleting the Anyone Apps from your mobile device does not terminate your Account. 
    2. Upon termination of your Account, your user profile will be removed from Anyone, your User Content may be removed from the Site, and your User Content will not be available to you. However, you understand that we are not required to remove your User Content, and removed content may persist in backup copies for a reasonable period of time. We have no obligation to maintain or provide your User Content after account termination and may delete all content provided unless legally prohibited from doing so.
  1. Privacy of Personal Data 
    1. We respect your privacy and do not sell your personal information. All information received by us from your use of Anyone will be used by us in accordance with our Privacy Policy and the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (the “PDPO”). Please read our Privacy Policy for details on how we may process your personal data (if any).
    2. We may collect anonymous data (e.g. website traffic) for data analytics use only.
    3. In the event you process personal data relating to another user for the purpose of providing certain service(s), effecting a transaction or otherwise using Anyone, YOU CONFIRM AND UNDERTAKE that you will only process such personal data (if any) for the sole purpose of participating in the marketplace on Anyone and, where applicable, to supply the your services to Users and you will take reasonable measures to keep such personal data secure in accordance with the PDPO or other applicable privacy laws. Users are encouraged to read your privacy policy as well as terms and conditions before making a purchase (i.e. forming a valid contract). We are not a party to any contract made between you and a User pursuant to Clause 1.2 (Relationship between the Talents and Talents Times) and 22 (Talents are Independent Contractors) and are not responsible for the same.
  1. Notices
    1. For legal notices or other formal communications to us under these Terms to be valid, it must be in writing and delivered (1) by hand, (2) by registered mail, request receipt requested and postage prepaid, or (3) by courier, request receipt requested, with all fees prepaid to the following address:

Talents Times Technology Limited

ROOM 16 FLAT 01-03 25/F CDW BUILDING 388 CASTLE PEAK ROAD, 

TSUEN WAN, N.T., 

HONG KONG. 

For general inquiries, customer services and technical supports, please refer to Clause 28.5 below.

    1. You agree that we can deliver notices or other communications to you by, through or via:
      1. in-app notifications;
      2. email;
      3. phone;
      4. mailing address; and/or
      5. short message service (SMS) or other forms of mobile messages (e.g. Whatsapp, Facebook Messenger, WeChat etc.).
  1. Disclaimer of Warranties
    1. Information provided on Anyone is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available on Anyone. We disclaim any and all liability for any loss, damage or injury based on information directly or indirectly obtained through Anyone.
    2. You understand that we cannot and do not guarantee or warrant that content, if any, available for downloading from the Internet or Anyone will be free of computer viruses of other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus, anti-malware protection and for maintaining a means external to Anyone for any reconstruction of any lost data. We will not be liable for any loss or damage caused by any form of attacks that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Anyone or items, physical and digital, obtained through Anyone or to your downloading of any material posted on it, or on any site linked to it.
    3. Your use of Anyone is at your own risk. Anyone, its content, and any features or items obtained through Anyone are provided on an “as is” and “as available” basis, without any warranties of any kind, either express, implied or statutory. Neither we nor anyone associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither we nor anyone associated with us represents or warrants that the services, their content, or any features or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Services or the servers that makes them available are free of viruses or other harmful components or that Anyone or any features or items obtained through Anyone will otherwise meet your needs or expectations.
    4. We and all parties associated with us hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
    5. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
  1. Limitation of Liability
    1. In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, Anyone, any websites linked to Anyone, or any content on Anyone or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    2. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
  1. Indemnification
    1. You agree to defend, indemnify, and hold harmless Talents Times, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of Anyone, including, without limitation, any use of the content, services, and products of Anyone other than as expressly authorized in these Terms or your use of any information obtained from Anyone.
    2. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant us and our affiliates the rights granted herein. You represent and warrant that all of your User Content does and will comply with these Terms, and you agree to defend, indemnify and hold harmless Talents Times and its affiliates and licensors for any breach of any representation and warranty contained in these Terms.
  1. Talents are Independent Contractors
    1. Pursuant to Clause 1.2, you (an independent contractor) acknowledge that in the provision of Your Offers:
      1. you shall not utilize the Anyone Platform to obtain employment and Users shall not regard themselves as your employer;
      2. you shall solely rely on your own experience and professional knowledge or skill and that we do not provide you with any assistance whatsoever; furthermore, you warrant and undertake that you have the necessary licenses, qualification, skills and experience to provide the services under Your Offers.
      3. you agree to prepare the necessary tools and comply with the relevant laws as to the required obligation of an independent contract (including purchase of valid insurance coverage) in order to provide the Your Offers lawfully;
      4. you shall be responsible for:
        1. your own chance of profit and risk of loss;
        2. fulfilling your own legal and taxation requirements and obligations in the provision of the services under Your Offers; and
        3. all costs and expenses relating to running your business and providing the services under Your Offers to Users;
      5. you shall not be entitled to any rights or benefits, as employee of us or otherwise, under any statutory provisions; and
      6. you undertake to perform your services under Your Offers pursuant to the relevant contracts/orders with the Users.
    2. Disputes between you and the Users. You understand and acknowledge that:
      1. you shall be held fully responsible for the settlement of claims and the recovery of losses raised by the Users relating to the provision of the services under Your Offers; and
      2. Talents Time is not a party to any contract/agreement between you and the Users; we shall not be held responsible for the foregoing in any event.
  1. Governing Law and Jurisdiction
    1. These Terms shall be governed by and construed in accordance with the laws of Hong Kong.
    2. Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to these Terms shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall also be Hong Kong law. The place of arbitration shall be in Hong Kong at HKIAC and the number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
  1. Waiver
    1. No waiver of these Terms by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
  1. Severability
    1. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
  1. Entire Agreement
    1. These Terms constitute the sole and entire agreement between you and us with respect to Anyone and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Anyone.
  1. Geographic Restrictions
    1. Talents Times is a Hong Kong company and Anyone is based in the Hong Kong Special Administrative Region. We make no claims that Anyone or any of its content is accessible or appropriate outside of Hong Kong. 
    2. Anyone may not be accessible from outside of Hong Kong and access to Anyone may not be legal by certain persons or in certain countries. If you access Anyone from outside of Hong Kong, you do so on your own initiative and are responsible for compliance with local laws.
  1. Other Terms and Polices
    1. There are other terms and policies that may be applicable to you. Here is the list of our terms and policies:
      1. Anyone Pro Terms of Service (i.e. these Terms);
      2. Anyone Terms of Service (appliable to Users only);
      3. Privacy Policy;
      4. Community Guidelines; 
      5. Available Services; and
      6. Refund Policy.
    2. Subject to Clause 1.3, our terms and policies are written in English and Chinese. 
    3. Mobile platform support. In addition to the provisions under Clauses 19 (Disclaimer of Warranties) and 20 (Limitation of Liability), we do not provide support to any Legacy System. If you decide to use Anyone on such Legacy System, you do so entirely at your own risk and any warranty contained in these Terms is void.
  1. Miscellaneous
    1. You may not assign any of your rights under these Terms, and any such attempt is void and invalid.
    2. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with Anyone.
    3. Our mobile apps require the following permissions on your device to be fully functional. Certain functions may not be available if these permissions are not granted on your device such as allowing Anyone to access to your device’s location (for Talent and service matching), to take pictures and record videos, to make and mange phone calls, and to send messages (e.g. refer-a-friend feature) etc.
    4. We reserve all rights not expressly granted to you.
    5. For general enquiries, feedback, comments, requests for technical support, and other communications, please contact us at (852) 3618 8647 or email to support@anyonehk.com.