- These Terms
our services, including our website(s), our application(s), our
application programming interfaces (APIs), our notifications and any
information or content appearing therein (collectively our “Platform”).
- 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 SNOWONLY Limited, a company registered in
Hong Kong, trading as Snowonly. Our company registration number is
67686251-000-04-17- A and our registered office is at 22/F 3 Lockhart
Road, Wanchai, Hong Kong.
- For any questions or problems relating to our
Platform, our products or services, or these terms, you can contact us
by emailing us at email@example.com.
- As part of providing the Platform, we may need
to provide you with certain communications, such as service
announcements and administrative messages. If you wish to opt out from
receiving such communications, which may affect your use of our
Platform, please contact our customer service team at
- 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 to us.
- 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 anyof 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
- 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 account.
- 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.
- Subject to your payment of applicable fees, we
give you a personal, worldwide, royalty-free, non-assignable, non-transferable, 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 it.
- 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 (now known or later developed),
- 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
- If you believe your intellectual property
rights have been infringed, please contact us by emailing us at
- 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
- 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
“Snowonly” and our marks and logos are our trade marks (be it registered
or unregistered) and may not be used without our express prior written
Limitation on liabilities
- 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 to you.
- 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.
- Some countries or jurisdictions may not allow
the disclaimers in this clause, in which case these disclaimers will not
apply to you.
- 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:
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;
(b) 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
(e) 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
- To the fullest extent permitted by law, Our Entities are not liable to you or others for:
(a) any indirect, incidental, special, exemplary, consequential or punitive damages; or
(b) 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 by contract.
- 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.
- 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
- If you are using the Platform on behalf of
an entity, by using the Platform you represent that you have the
necessary rights and authority to agree to these terms (and our Privacy
Policy, Acceptable Use Policy and other documents 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 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, however payment will continue until the end of the agreed
period that the property was listed on www.snowonly.com.
- We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:
(a) 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 processes; or
(d) our provision of the Platform to you is no longer possible or commercially viable.
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. 13.4
Upon termination of your access, these terms will also terminate except
for Clauses 10 to 17.
- 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.
- Should there be a failed payment on an existing account an email will be
sent to the account holder notifying of a failed payment and that there
will be 14 days to make payment. If no payment has been received after
14 days then the account will be taken offline. If the
account holder pays within 14 days then the time of subscription will
continue from the date of the initial payment. If the account holder
pays after the 14 day period then the payment date will
start from the new date that the card is entered and a new package will
Other important terms
- 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
- 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
- You may only transfer your rights or your
obligations under these terms to another person if we agree to this in
- 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 firstname.lastname@example.org.
Governing law and jurisdiction
- These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
- The courts of the Hong Kong Special Administrative Region shall
have exclusive jurisdiction to settle any dispute or claim arising out
of or in connection with these terms.
Acceptable Use Policy
misuse the Platform or help anyone else to do so. For example, you agree
not to do any of the following in connection with the Platform:
(a) use our Platform for unlawful or unauthorised purposes;
(b) re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;
(c) probe, scan, or test the vulnerability of any system or network;
(d) breach or otherwise circumvent any security or authentication measures or service use limits;
(e) 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;
(g) 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
(i) send unsolicited communications, promotions or advertisements, or spam;
(j) forge any TCP/IP packet header or any part of the header information in any email;
(k) 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;
(m) 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;
(q) violate the privacy or infringe the rights of others.
Last updated: 10 January 2018