TERMS AND CONDITIONS
Welcome and thank you for your interest in SPEEQO Limited (hereinafter “SPEEQO”), incorporated and registered in Hong Kong, with company number 2950832 whose registered office is at Unit 1603, 16th Floor, The L. Plaza, 367 - 375 Queen's Road Central, Sheung Wan, Hong Kong SAR.You are reviewing Terms and Conditions to be used with use of SPEEQO’s products. If you have any questions, please feel free to contact us at email@example.com
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and SPEEQO (“us” and “our”), concerning your access to and use of the Products as well as any other media and digital form, media and digital channel, platform, API, website, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Products”).
You agree that by accessing and using the Products, you have read, understood, and agree to all of these Terms and Conditions presented to you. If you do not agree with any part of these Terms and Conditions, please do not use any of the Products and discontinue use immediately.
SPEEQO reserves the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. You will be updated about any changes by showing an update of the date of these Terms and Conditions on the website. SPEEQO recommends you to monitor our website for such changes regularly and it is your responsibility to periodically review these Terms and Conditions to stay informed of updates. Any changes to our Terms and Conditions will be also announced by e-mail. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Products after the date such revised Terms and Conditions are posted. Please feel free to consult with an attorney prior using any of the Products.
Accordingly, any person who chooses to access the Products from any location globally can do so on their own initiative and are solely responsible for compliance with their respective local laws, if and to the extent local laws are applicable.
SPEEQO will offer its Products to you as per the conditions of these Terms and Conditions. To utilize certain Products, you might repeatedly need to download content, software, and you might be needed to consent to extra terms and conditions. Except if in any case expressed, any extra terms and conditions will turn out to be promptly pertinent to all related Products and the extra terms will be viewed as a part of these Terms and Conditions.
Except if explicitly expressed, SPEEQO has neither looked for nor gotten endorsement of its Products for any clinical application as per distributed FDA guidelines, EMA guidelines or other medical guidelines and our Products are not expected to be utilized in the determination of any illness nor to be used for treatment of any illness. The Products are meant to be used by professionals with an appropriate background who have the means to understand the complexity of information known and unknown for you and SPEEQO at the moment before, during or after the analysis. For a number of factors, which can influence accuracy of the Products, SPEEQO is not responsible for inaccurate data, information and results of the Products. You are advised to evaluate information carefully and at your own risk and discuss data, information and results with appropriate certified specialists before taking any additional steps.
SPEEQO maintains all authority to suspend the Products or change any part of the Products without earlier notification. Utilization of our Products may require at least one compatible device such as PC or tablet, web browser and access to the web, all of which may require every once in a while upgrades. You recognize and concur that you are solely responsible to make sure that your necessities are up to date. Your experience utilizing our Products could be affected by the services and products that you get from third-party sources, and SPEEQO can't acknowledge any liability for any services, items and administrations that it has not made.
Everything that you post, add, upload or make accessible to the Products is considered a “Contribution” to the Products. By posting your Contributions to any part of the Products, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. You have the possibility to object within 4 weeks since the start of your use of the Products against the potential sell and resell of your Contributions. SPEEQO will make proper adjustments to accommodate your objection. SPEEQO does not and will not sell, resell, publish, broadcast, publicly perform, publicly disclose, publicly display, nor transmit (in whole or in part), and distribute any personal data related to minors, which are not fully anonymized. For purposes of there Terms of Conditions, a minor is any person under 18 years of age.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you or your representatives in any area within the Products. You further agree not to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) considered as a foreign terrorist organization.
You are solely responsible for your Contributions to the Products and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations within the Product; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
We care about protecting all the users and we ask you to keep the Student ID confidential. You agree that Student ID will be a unique ID and it may not be shared within anyone outside the registered organization and family. Student IDs may only be used by the administrator, educational organisation, educator(s), educational entity, parent and legal guardian or student to whom they are assigned. You remain at all times solely and fully responsible for the proper use of the Products and Student ID issued hereunder. SPEEQO has no obligation to monitor your correct use of the Products and Student IDs. Upon becoming aware of your incorrect use of the Products and Student IDs you will be asked to make immediate corrective changes and your access to the Product will be suspend until such changes will be made.
All users who are under the age of 18 must have the permission of, and be directly supervised by, their educator, certified specialist, parent or guardian to use the Products. If you are under the age of 18, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Products.
Unless otherwise indicated, SPEEQO shall retain all proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Product (collectively, the “Intangible assets”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by the SPEEQO or licensed to SPEEQO, and are protected by copyright and trademark laws and various other intellectual property rights and related laws of Hong Kong SAR, foreign jurisdictions, and international conventions. The Intangible assets and the Marks are provided on the Products “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Products and no Intangible assets or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without SPEEQO’s express prior written permission. Provided that you are eligible to use the Products, you are granted a limited license to access and use the Products and to download or print a copy of any portion of the Intangible assets to which you have properly gained access solely for your personal, non-commercial use. SPEEQO reserves all rights not expressly granted to you in and to the Product, the Intangible assets and the Marks.
We respect the intellectual property rights of others. If you believe that any material available on or through the Products infringes upon any copyright you own or control, please immediately notify us at firstname.lastname@example.org
SPEEQO will also notify the person who posted or stored the material addressed in your concern. Please be advised that pursuant to Hong Kong law you may be held liable for damages if you make material misrepresentations in your notification to SPEEQO. Thus, if you are not sure that material located on or linked to by the Products infringes your copyright, you should consider first contacting an attorney.
TERMINATION OF THESE TERMS AND CONDITIONS
These Terms and Conditions shall remain in full force and effect while you use the Products. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PRODUCTS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PRODUCTS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, SPEEQO reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When you decide to terminate and end your use of the Products, you have right to be forgotten and SPEEQO will remove all the personal information about you within a reasonable time.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) your Contributions; (b) use of the Products; (c) breach of these Terms and Conditions; (d) any breach of your representations and warranties set forth in these Terms and Conditions; (e) your violation of the rights of a third party, including but not limited to intellectual property rights; or (f) use of third party service necessary for the use of the Products.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
THE PRODUCTS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PRODUCTS AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCTS BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCTS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRODUCTS, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SPEEQO does not warrant that the use of the Products be uninterrupted, timely or error free, although it is provided to the best of our ability. By using the Products, you thereby indemnify SPEEQO, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
If you access the Products from any other region of the world than Hong Kong SAR, a region with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Hong Kong SAR, then through your continued use of the Products, you agree to potentially transfer your data to Hong Kong, and you expressly consent to have your data transferred to and processed in Hong Kong SAR. SPEEQO is allowed to stored data in other regions than Hong Kong SAR at its own discretion and you further agree that your data may be securely transferred there.
We assume that you will seek an approval, consent or no objection from a parent or a legal guardian to use the Products for anyone under the age of 18 old who will be using the Products. If SPEEQO receives actual knowledge that anyone under the age of 18 has provided personal data or information to us without the requisite and verifiable parental consent or no objection, we will delete that information from the Products as quickly as is reasonably possible.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED MAXIMUM TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE PERIOD SINCE YOU STARTED USING THE PRODUCTS TO THE MOMENT OF ANY CAUSE OF ACTION.
CERTAIN STATE LAWS OR COURTIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
If any provision of these Terms and Conditions is found to be invalid under any applicable laws, such provisions shall be deleted without affecting the remaining provisions herein. In the event that any provision of these Terms and Conditions is deemed invalid or legally unenforceable by a court of competent jurisdiction, the invalid provision will be deemed replaced by a similar but valid and legally enforceable provision as near in effect as the invalid or legally unenforceable provision.
Neither your or SPEEQO shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. If you or SPEEQO are affected by such event shall forthwith inform each other of the same and shall use all reasonable endeavours to comply with the Terms and Conditions contained herein.
These Terms and Conditions, including any legal notices and disclaimers contained on this website and the Products, constitute the entire agreement between SPEEQO and you in relation to your use of this website and the Products, and supersede all prior agreements and understandings with respect to the same.
The laws of Hong Kong SAR govern these Terms and Conditions. By accessing this website and using our services and the Products you consent to these Terms and Conditions and that all disputes, controversies, and claims arising out of or in relation to these Terms and Conditions (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. Failure of SPEEQO to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of SPEEQO.
These Terms and Conditions form part of the agreement between you and SPEEQO. Your accessing and use of the Products indicates your understanding, agreement to and acceptance of the full Terms of Service contained herein. We hope you will enjoy using our Products.
Updated on: 21st of May 2021