Terms and Conditions

1. Other applicable terms

These Terms of Service refer to the following additional terms, which also apply to your use of our Services:

Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our services, you consent to such processing and you warrant that all data provided by you is accurate. You understand that through your use of the Services you consent to the collection and use of this information, including the transfer of this information to other countries for storage, processing and use by VOTEE LIMITED. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Votee account, which you may not be able to opt out from receiving.

2. Information about us

The Services are provided and operated by VOTEE LIMITED (“we”, “Votee” or “us”). Votee is a limited liability company registered in Hong Kong with registered number 1879522 with registered office at Votee, 4/F, The Galleria, 9 Queen’s Road Central, Central, Hong Kong.

3. Changes of terms

We may amend the Terms of Service from time to time in our sole discretion without notice or liability to you. By continuing to use the Services following such amendments, you agree to be bound by them.

4. Changes to our Services

The Services that we provide are always evolving, and the form and nature of the Services may change from time to time without prior notice to you. We may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, and may not be able to provide you with prior notice. We retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.

We make no representations, warranties or guarantees, whether express or implied, that our Services or any content on our site is accurate, complete or up-to-date.

5. Accessing our Services

Our App and the Services are made available free of charge.

We do not guarantee that our Services, or any content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Services, and for ensuring that all persons who access our Services through the App and your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.

6. Your account and password

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use strong passwords (combinations of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. Votee cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

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 have failed to comply with any of the provisions of these Terms of Service.

If you know or suspect that anyone other than you knows your password, you must promptly notify us at hello@votee.com.

7. Your license to use the Services

VOTEE LIMITED gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by VOTEE LIMITED, in the manner permitted by these Terms of Service. Terms and conditions of your use of the App are those set out in the EULA.

8. Our intellectual property rights

All intellectual property rights subsisting in respect of the Services belong to VOTEE LIMITED or have been lawfully licensed to VOTEE LIMITED for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as the website is copyrighted under applicable laws.

You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (“Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use of any or all of your Feedback.

9. Your rights

The Content you submit helps us constantly evolve and develop the Services and helps us (and our partners) develop further products and offerings that we believe will be of interest to you. You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Votee to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Votee for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third-party partners. If you do not have the right to submit Content for such use, it may subject you to liability. VOTEE LIMITED will not be responsible or liable for any use of your Content by Votee in accordance with these Terms.

10. Limited liability and warranty

YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED “AS IS,” “AS AVAILABLE.” THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND THE VOTEE ENTITIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE ENTIRE LIABILITY OF THE VOTEE ENTITIES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES OR OTHERWISE IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE VOTEE ENTITIES EXCEED HK$1,000.

The Votee Entities shall not guarantee or assume any responsibility that:

1. the information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
2. the information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
3. messages sent through the internet, including in connection with the services, will be free from interception, corruption, error, delay or loss;
4. access to the Services will be available or be uninterrupted;
5. use of the Services will achieve any particular result; or
6. defects in the Services will be corrected.

Without limiting the generality of the foregoing, in no event will the Votee Entities be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information or the services, even if any of the Votee Entities has been advised of the possibility of such loss or damages.

11. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. When you upload content, or make contact with other users of our Services, you must comply with the content standards set out in our Acceptable Use Policy.

Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

12. Content copyright policy

You may not (i) access, tamper with, or use non-public areas of the Services or Votee’s systems; (ii) probe, scan, or test the vulnerability of any system or breach security or authentication measures; (iii) access or search the Services other than through our currently available, published interfaces; (iv) forge any TCP/IP packet header or any part of the header information; or (v) interfere with or disrupt the access of any user, host or network.

Votee respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

13. Use of the Services

Please review the Acceptable Use Policy to better understand what is prohibited in connection with the Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you.

We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

14. Linking to us

You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

15. Third-party links and resources

Links from the Services may take you to other sites or services and you acknowledge and agree that Votee has no responsibility for the accuracy or availability of any information provided by third-party services and websites.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising are subject to change.

16. Indemnity

You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the website.

17. Partial invalidity

The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

18. Several users

If there are two or more persons adhering to these Terms of Service as user, their liability under the Terms of Service is joint and several, and their rights are joint.

19. Policy on cash rewards / non-cash rewards

To obtain any designated cash reward / non-cash reward, you must successfully complete your participation in the survey. Not all surveys provide such rewards. The cash reward / non-cash reward earned in a survey is specified on the cover of a question set. Participants are responsible for any taxes or duties that may result. VOTEE LIMITED is not liable for any tax consequences.

20. Miscellaneous

No waiver of any breach under these Terms of Service will amount to a waiver of any other breach. The headings in these Terms of Service are for convenience only and do not affect interpretation.

21. Termination

The Terms of Service will continue to apply until terminated by either you or us as follows. You may end your agreement with us at any time for any reason by deactivating your accounts, uninstalling the App and discontinuing your use of the Services and/or the App.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Service or the Acceptable Use Policy; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable.

22. Governing law and jurisdiction

These Terms of Service shall be governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

Appendix: Acceptable Use Policy

This Acceptable Use Policy sets out the terms between you and us under which you may access our services, including our various websites, APIs, email notifications, applications, buttons and widgets (the “Services”). This Acceptable Use Policy applies to all users of our Services.

Prohibited Uses

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm another individual in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material (spam).
• To knowingly transmit any data or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs.

Content Standards

Contributions must be accurate (where they state facts), be genuinely held (where they state opinions), and comply with applicable law in Hong Kong, the country or state in which you reside and in any country or state from which they are posted.

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.