- These terms
programming interfaces (APIs), our notifications and any information or content appearing therein
- 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.
- About us and how to contact us
- We are Velotrade Management Limited, a company registered in Hong Kong, trading as Velotrade. Our company registration number
is 2277454 and our registered office is at Room 24, Units 405-414, Level 4, Core E, Cyberport 3,
100 Cyberport Road, Hong Kong.
- 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 5808 3777 or emailing us at email@example.com or writing to
us at Room 24, Units 405-414, Level 4, Core E, Cyberport 3, 100 Cyberport Road, Hong Kong.
- We are the data controller in relation to our Platform and are responsible for your personal data. Please refer to our Privacy
Policy for information about what personal data we collect and what we do with it, which is available
which may be updated from time to time, and understand how we use your information and the rights
that you have about your information.
- 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
- When we use the words "writing" or "written" in these terms, this includes emails.
- Changes of terms
- 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.
- Availability of our services
- 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.
- 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.
- 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.
- 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.
- 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.
- Your account and password
- 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.
- 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
- 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.
- You agree to follow our Acceptable Use Policy, which is set out at the end of these terms.
- You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.
- Use of the platform
- 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.
- 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.
- 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.
- You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on
- Your rights
- 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
- 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.
- 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.
- If you believe your intellectual property rights have been infringed, please contact us by emailing us at firstname.lastname@example.org.
- Our rights
- 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.
- 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.
- Our name “Velotrade” 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.
- 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
- 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.
- Limitation on liabilities
- Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply
- 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:
- 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;
- we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products
or services we provide;
- we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;
- we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular
purpose, and non-infringement);
- we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and
- 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).
- To the fullest extent permitted by law, Our Entities are not liable to you or others for:
- any indirect, incidental, special, exemplary, consequential or punitive damages; or
- any loss of data, business, opportunities, reputation, profits or revenues,
- relating to the use of our Platform or any products or services we offer.
- 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.
- 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
- 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.
- Your representation
- 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.
- If you are using the Platform on behalf of an entity, by using the Platform you represent that you have the necessary rights
referred to herein) on behalf of that entity.
- 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.
- 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.
- These terms will continue to apply until terminated by either you or us as follows.
- You may stop using the Platform any time by deactivating your account.
- We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:
- you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);
- 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;
- we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal
- 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.
- Upon termination of your access, these terms will also terminate except for Clauses 10 to 18.
- 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.
- Entire agreement
- 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.
- 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.
- Other important terms
- 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.
- You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- 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.
- 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.
- If you have any questions about these terms or the Acceptable Use Policy, please contact us by email@example.com.
- In case of discrepancies between the English and Chinese language versions of these terms, the English version shall prevail.
- Governing law and dispute resolution
- These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
- We wish to address your concerns without going through a formal legal process. Before filing a claim against Velotrade, you
agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We will respond
to you by email as soon as practicable; however a lack of response shall not be deemed to constitute
any acquiescence or waiver. We will try our best to resolve the dispute informally within thirty
(30) days. If the dispute is not resolved within such a period, you or Velotrade may bring a formal
Velotrade and you agree that all disputes, controversies, and claims arising out of or in relation
to the Services, these Terms and our Payment Terms (including the existence, validity, interpretation,
performance, breach, or termination thereof) shall be referred to and finally resolved by arbitration
administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the UNCITRAL Arbitration
Rules in force when the notice of arbitration is submitted, as modified by the HKIAC Procedures for
the Administration of Arbitration under the UNCITRAL Arbitration Rules.
The law of arbitration shall be Hong Kong law and the place of arbitration shall be Hong Kong. The
number of arbitrators shall be one, except where the amount in dispute exceeds USD 50,000, in which
case the number of arbitrators shall be three. The arbitration proceedings shall be conducted in
For the avoidance of doubt, any arbitration under these Terms will take place on an individual basis;
class arbitrations and class actions are not permitted.
Notwithstanding the foregoing, you or Velotrade may bring an individual action in a small claims
court. You agree that, by entering into these Terms, you and Velotrade are each waiving the right
to bring an action in a court of law (save the small claims court) or to participate in a class action.
If we make any future change to this dispute resolution clause, that change will not apply to any
dispute of which notice of arbitration has been filed on or before the effective date of the change.
Acceptable Use Policy
to do any of the following in connection with the Platform:
- use our Platform for unlawful or unauthorised purposes;
- use our Platform for unlawful or unauthorised purposes;
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures or service use limits;
- access, tamper with, or use non-public areas or parts of the Platform;
- 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;
- 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;
- 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
- send unsolicited communications, promotions or advertisements, or spam;
- forge any TCP/IP packet header or any part of the header information in any email;
- send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";
- conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
- abuse referrals or promotions;
- 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;
- violate applicable laws or regulations in any way; or
- violate the privacy or infringe the rights of others.
Last updated: 25 May 2018