Introduction
En-Novelty Limited (the “Company” or “we” or “us”) has launched “8alance”, a mobile platform for the public and corporate employees (the “Platform”) to enhance local citizens’ mental and physical health awareness and body conditions via latest technology, sports science and medical information.
Also, the Platform is also an exclusive communication channel for corporate partners to connect with their employees and to provide them with related care and convenience.
Acceptance of the Terms of Use
You should read the following information before proceeding. By accessing this Platform and any pages thereof, you acknowledge that you have read the following information and accept the terms and conditions set out below and on the relevant pages of this Platform, and agree to be bound by such terms and conditions. If you do not agree to such terms and conditions below, please do not access this Platform, or any pages thereof.
Terms of Use
1. Authorized User
If you are a HK citizen and interested in this Platform, you need to provide basic information to register as a public user (refer to "User” or “Member”).
If you are an employee of our corporate partners, they will register a corporate account for you (also refer to "User” or “Member”).
You must retain your login name and password for access to your account. You are entirely responsible for maintaining the confidentiality of your login name, password and any other information of your account. You are advised to change your password on a regular basis. You are also entirely responsible for any and all activities and conducts that occur under your account. You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security known to or suspected by you.
2. User Conduct
You shall use this Platform only for your personal, non-commercial and non-work-related use and you shall be solely responsible for all information, data, text, software, music, sound, photograph, graphic, image, video, message, logos, button icons, HTML code or other material displayed on or available through the Platform (the “Content”) whether publicly posted or privately transmitted by you on or through this Platform.
As a condition of your use of this Platform, you shall not use the Platform for any purpose other than the above stated purposes or that is unlawful or prohibited by any applicable laws or by the terms, conditions and notices contained herein. Without limiting the generality of the foregoing, you shall not:
(i) trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of the Company’s servers and/or any data areas in connection with this Platform for which you have not been authorized by us to do so;
(ii) upload, post, e-mail, publish, transmit or otherwise make available on or through this Platform any unlawful, fraudulent, tortious, libelous, defamatory, obscene, pornographic, profane, threatening, harassing, abusive, hateful, offensive or otherwise objectionable or unreasonable content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, national or foreign law, infringe any intellectual property rights, proprietary rights or confidentiality obligations of others;
(iii) upload, post, e-mail, publish, transmit or otherwise make available on or through this Platform any advertisements (other than promotions and advertisements of or about the Company or any Company companies), solicitations, junk mails, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication;
(iv) post, publish, transmit, reproduce, distribute or in any way exploit any Content obtained through this Platform for commercial purposes;
(v) download, post, publish, transmit, reproduce or distribute in any way any component of this Platform or any Content obtained through this Platform which is protected by copyright or other proprietary right of any third party, or create derivative works with respect thereto, without our prior written permission;
(vi) upload, post, e-mail, publish, transmit, or otherwise make available any content on or through this Platform that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other harmful or deleterious computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;
(vii) upload, post, e-mail, publish, transmit or otherwise make available any content on or through this Platform that are protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
(viii) interfere with or disrupt the networks connected to this Platform or violate the regulations, policies or procedures of such networks;
(ix) attempt to gain unauthorized access to this Platform, computer systems or networks connected to this Platform through password mining or any other means;
(x) harass other user;
(xi) collect or store personal data about other user; and
(xii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
3. Confidentiality
If you are an employee of our corporate partners, your usage will be bound by this section.
(i) Save and except marketing materials available in the public domain or intended for sharing, all information or Content available for you from this Platform, including but not limited to the “What’s New” section, regardless of the manner, form or storage medium, irrespective of whether such information is marked as confidential, which is provided to you shall be considered as confidential information (together “Confidential Information”) for your personal and non-work-related use only;
(ii) You shall not download, post, publish, transmit, reproduce or distribute in any way any component of this Platform or any Content or the Confidential Information obtained through this Platform, without our prior written permission;
(iii) You shall keep all Confidential Information strictly confidential and will not disclose directly or indirectly to any person the fact that Confidential Information has been made available or other facts or any Confidential Information related thereto;
(iv) The foregoing restrictions shall not apply to any information which is or becomes generally available to the public other than as a result of a breach by you.
4. Right to Monitor
The Company reserves the right to monitor general use of this Platform at any time as it deems appropriate and to remove from the Platform any Content that, in the Company’s sole discretion, may be illegal or improper, may subject the Company to liability, may violate this Terms of Use, or are, in the sole discretion of the Company, inconsistent with the purpose of this Platform.
5. Links to Other Websites
This Platform may contain hyperlinks to external websites and resources operated by third parties. These linked websites are not under the control of the Company. The Company shall not be responsible for the Content available on or the set-up of any other websites linked to this Platform. Access to and use of such other websites is at your own risk and subject to any terms and conditions applicable to such access/use. By providing hyperlinks to other websites, the Company shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or the service/products they provide on their websites, or have any form of cooperation with such third parties and websites. The Company is not a party to any contractual arrangements entered into between you and the provider of the external website.
The Company shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use of, or reliance on, any content, goods or services available on such websites. Any concerns regarding such websites should be directed to its responsible site administrator or webmaster.
This Platform may also contain third party advertisements embedded with hyperlinks to third party websites. All such advertisements are not recommendations or endorsements by the Company.
6. Information and Discussion Content
This Platform may contain information provided by third party providers or sourced by the Company from other references or sources. Such information on this Platform may not be regarded as any recommendation or endorsement by the Company for any purpose with respect to any person, product or service. The Company does not accept any responsibility whatsoever in respect of such information. Any use of and reliance on such information is at your own risk.
Unless otherwise stated, views, comments and opinions expressed in this Platform’s “Appreciation” section or other section(s) intended for such purposes (the “Discussion Content”) do not represent the views of or any endorsement by the Company. You are cautioned as to the reliability and accuracy of opinions expressed in this Section. All information such as data, text, messages or other materials, whether publicly posted or privately transmitted, shall be the sole responsibility of the person from which such information originated.
The Company shall not be liable in any way for the Discussion Content or for any loss or damage of any kind incurred as a result of the use of such Discussion Content posted, emailed, transmitted or otherwise made available via this Platform. The Company reserves the absolute right to remove, screen and refuse to post such Discussion Content via this Platform without prior notice.
7. Intellectual Property Rights
All intellectual property rights subsisting in respect of this Platform belong to the Company or have been licensed to the Company. This Platform may be re-disseminated or reproduced and the Company shall not be responsible for any loss or damage arising from the information, or reproduction or re-dissemination of the information, within this Platform. Except with the express permission of the Company, you are not allowed to upload, post, publish, reproduce, transmit, copy, republish or distribute in any way any component of this Platform or create derivative works with respect thereto.
You agree that the Company is free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to the Company (the "Feedback") for any purpose and in any manner, medium and format without incurring any liability to you. You warrant that you have procured all assignments, waivers, releases and consents necessary to enable the Company to make use of your Feedback.
8. Indemnity
You agree to indemnify, defend and hold harmless the Company from and against all liabilities, claims, actions, costs, expenses, loss and damages arising from or in connection with your breach of the Terms of Use and/or any other activity by you in connection with your use of or conduct on this Platform, content or messages posted or transmitted by you on or through this Platform. The Company reserves the right, at its own expenses, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
9. Benefits and Events Redemption and Enjoyment
You may only claim benefits and events at designated locations as may be specified by us from time to time and we are entitled to make the final decisions on such benefits and events redemption.
We are not supplier of the benefits and events, you shall be subject to the terms and conditions as may be applicable to any benefits and events from time to time. Any claims, or complaints about such benefits and events, should be directed to the relevant supplier(s). We shall assume no responsibility/ liability in relation to any such related matters.
All benefits and events are offered subject to availability while stocks last (if applicable).
We reserve the right and final decisions to grant benefits to you, when your account is valid and in good standing as recognised by us.
Once we have accepted any redemption request from you, the redemption request by you cannot be changed or cancelled.
We and the designated suppliers are entitled to request you to present you card and, if necessary, other identification documents for verification of identity when you claim for any benefits and events redemption.
10. Reward Redemption
You may submit requests for redemption of rewards through this Platform. We may accept or reject such requests according to (amongst others) whether you have enough points in the Platform and whether the reward is still available.
We are not supplier of the rewards, you shall be subject to the terms and conditions as may be applicable to any rewards from time to time. Any claims, or complaints about such rewards, should be directed to the relevant supplier(s). We shall assume no responsibility/ liability in relation to any such related matters.
We reserve the right and final decisions to grant rewards to you, when your account is valid and in good standing as recognised by us.
You may redeem rewards subject to the terms and conditions of designated suppliers as may be applicable from time to time.
Upon successful rewards redemption, we may issue a one-time QR code for specific rewards into your account on the Platform. The issued QR code entitles the holder to redeem the reward within the designated validity period at designated location as stated.
Rewards are offered on a first-come-first-served basis, and shall only be available while stock lasts.
Rewards and QR codes cannot be exchanged for cash or other gifts.
Specific terms and conditions may apply to each reward and issued QR code.
11. Revisions to the Terms of Use
The Company may modify the Terms of Use from time to time without prior notice. By continuing to use this Platform following such changes, you agree and accept to be bound by such modifications.
12. Modifications to Service
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform or any part thereof.
13. Disclaimer
This Platform shall be provided on an "as is" and "as available" basis and your use of this Platform shall be at your sole risk. This Platform is only for your personal, non-commercial and non-work-related use and the Company makes no representation or warranty of any kind, express or implied, including without limitation, any warranties on non-infringement, merchantability, accuracy or fitness for a particular purpose. The Company does not assumes any responsibility that:
(i) the information on this Platform is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
(ii) the information on this Platform is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
(iii) messages sent through the internet will be free from interception, corruption or loss;
(iv) access to this Platform will be available or be uninterrupted;
(v) defects in this Platform will be corrected; or
(vi) this Platform or the server that makes it available are free of virus or other harmful components or that Confidential Information transmitted through the Platform will be maintained.
In no event will the Company be liable to you or any other person for any direct, indirect,
incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the information on this Platform. You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information. You are responsible to ensure that your use of the information complies with all applicable legal requirements.
14. System Availability
The Company does not guarantee uninterrupted, continued or secure access to this Platform. Any part of or the entire Platform may be unexpectedly unavailable for whatever duration and for various reasons that may include system malfunctions and disruption, Internet access downtime and other technical problems beyond the control for which the Company cannot and will not be held responsible. You agree that your use of this Platform shall be at your own risk and that you shall not hold the Company responsible for any damage or loss caused by your inability to use this Platform for any reason whatsoever. We reserve the right to take any part or all of the Platform offline for various reasons including but not limited to system maintenance or upgrading.
15. Termination
The Company may in its sole discretion, terminate or suspend your access to all or part of this Platform’s services for any reason, including, without limitation, breach of the Terms of Use, or the account becomes inactive for a reasonable long period with or without notice. The Company will not be liable to you or any third party for any claims related to the termination of this Platform’s services.
16. Login Account
Since this Platform is restricted for the Company’s internal use only, any user registration and account management must comply with the relevant procedures stipulated by the Company.
17. Severability of Provisions
If any provision of this Terms of Use is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions.
18. Governing Law and Jurisdiction
The Terms of Use 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 over any disputes arising in relation to 8alance.
19. Language
In the event of any ambiguity or inconsistency between the English and the Chinese versions of the Terms of Use, the English version shall prevail.
20. Rights of Third Parties
Notwithstanding the Contracts (Rights of Third Parties) Ordinance, Chapter 623 of the Laws of Hong Kong, the Terms of Use is personal to you and is made solely for the benefit of the Company and you and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance giving to or conferring on third parties the right to enforce any term of the Terms of Use is expressly excluded and no term of the Terms of Use is, or is intended to be, enforceable by any person not being a party to it. The rights of the Company and you to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Terms of Use, is not subject to the consent of any third party.
21. Privacy Policy and Personal Information Collection Statement
We shall deal with all personal data in accordance with the Personal Data (Privacy) Ordinance of the laws of Hong Kong and our Privacy Policy Statement. Please refer to our Privacy Policy Statement here: https://www.en-novelty.com/balance/en/privacy-policy.html.
We shall provide you with our Personal Information Collection Statement (the “PICS”)before collection of your personal data for the Membership application. The PICS sets out the kinds of personal data to be collected, the purposes for which personal data will be used, to whom we may share the personal data with (where applicable) and usage for direct marketing upon your consent.
Personal Information Collection Statement
22. Your Rights
Apart from your right to opt out of direct marketing, you have the following additional rights to check whether we hold any of your personal data; access your personal data held by us; require us to correct any personal data which is inaccurate; and ascertain our policies and practices (from time to time) in relation to personal data and the types of personal data held by us.
If you would like to make any request in relation to the above (or make any general enquiries), please contact our Personal Data Privacy Officer at:
En-Novelty Limited
713, Atelier King’s Road
728 King's Road, Quarry Bay,
Hong Kong
Attention:
Legal Department
Personal Data Privacy Officer
(Marked as Confidential)