The Terms and Conditions stated therein (collectively, the "Agreement") constitute a legal agreement between you (“you”, “User”) and Toucans (“this website”, “we”, "our") stating the Terms and Conditions that govern your use of any services and properties such as websites or applications (“the Platform”) owned and operated by us. In order to use the services and properties of the Platform, you must agree to the Terms and Conditions that are set out below. By using or receiving any services supplied to you by the Platform, you hereby expressly acknowledge and agree to be bound by the Terms and Conditions set forth in this Agreement. If you do not agree to these Terms and Conditions, do not access or use the Platform. We reserve the right to update and/or modify the Terms and Conditions of this Agreement at any time, effective upon posting of this Agreement on the Platform. Additionally, we reserve the right to refuse access to and use of the Platform under this Agreement.
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.
As a user of the Platform, you agree to comply with the Agreement and all applicable laws and regulations. You undertake not to misuse or attempt to misuse or circumvent the Platform, or are using or attempting to use the Platform for any unlawful, immoral, inappropriate purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to us for any such damages, and will indemnify us in the event of any third-party claims against us based on or arising from your violation of the foregoing. Additionally, we reserve the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies, for your misuse or suspected misuse of the Platform.
Upon registering the service on the Platform, you will be prompted to disclose name, company name, email address and phone number. For more information on our use of your information, please refer to our privacy policy.
To knowingly input false information, including but not limited to name, company name, phone number, or email address is a very serious and fraudulent matter that could result in significant costs and damages to us as well as the loss of time, effort and expense responding to and pursuing such false information and request, and further, could result in regulatory fines and penalties. Accordingly, we reserve all rights to penalize for providing falsified information on the Platform, and/or to require to pay for the actual, direct, punitive and consequential damages, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto, whichever is greater.
All fees are payable in advance and we cannot provide service until your payment had been received.
A valid credit card is required to pay the fees and any other charges. By inputting the details of a valid credit card onto the Platform, you agree and authorize us to automatically charge any fees to such card.
We will use third party services to process credit card payments. We retain the right, in our sole discretion, to place a hold on your credit card for an ordered or completed service transaction. While we do not store your credit card information, the credit card information may be encrypted and stored securely at a PCI-Compliant third-party payment service provider for your next booking or payment.
Please pay attention that payments are non-refundable under any circumstances, including but not limited to the termination of accounts and cancellation of services.
You acknowledge and agree that we are only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold us and its affiliates liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the service.
Under no circumstances will us and its affiliates are liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the services, even if advised of the possibility of the same.
If, notwithstanding the foregoing exclusions, it is determined that we or its affiliates are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to the company during the one (1) month prior to the time such claim arose.
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this clause. The appointing authority shall be Hong Kong International Arbitration Centre (HKIAC). The place of arbitration shall be in Hong Kong at HKIAC. There shall only be one arbitrator. The languages to be used in the arbitral proceedings shall be English and/or Chinese.
This Agreement is governed by and shall be construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China. The Hong Kong courts are to have non-exclusive jurisdiction to settle any disputes or claims which may arise out of or in connection with this Agreement for which purpose each party agrees to submit to the jurisdiction of the courts of the Hong Kong Special Administrative Region of the People’s Republic of China.