Terms of Use

These terms of use (“Terms of Use”) contain the terms under which you use the services (“Services”) that WAMA Technology Ltd (“WAMA”) provides. Services includes WAMA online accounts with the user credentials that you use to access such an account, including without limitation, WAMA web sites, WAMA online support services, and contents including any information, text, links, graphics, photos, videos, or other materials appearing on the Services.

Please read the Terms of Use carefully before accessing or using any Services. By using the Services, you agree to be legally bound by the applicable Terms of Use. If you don’t agree to the Terms of Use, you may not access or use any of the Services.

1. Who May Use the Services

If you are an individual, you may only use the Services if you agree to form a binding contract with WAMA and if you are of legal age in the jurisdiction in which you reside. If you are accepting these Terms of Use and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. In such case, “you” and “your” will refer to such legal entity.

Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, WAMA Technology Ltd. References to “WAMA”, “we”, “us”, and “our” are references to WAMA Technology Ltd., located at Unit 502, 5/F, Block B, Wing Kut Industrial Building, 608 Castle Peak Road, Kowloon, Hong Kong.

2. Privacy and Personal Data

Personal data is data that can be used to uniquely identify or contact a living person (“Personal Data”).  You understand that through your use of the Services you consent to the collection and use of this information by WAMA.

When you sign up to use the Services, we will ask you to submit certain information, which may contain Personal Data about you. WAMA may use this data to grant you access to our different online products and Services; to direct marketing and other commercial messages to you; and to develop new and improve our existing products, solutions and Services based on our customers’ needs. You understand and consent to the use of this information by WAMA.

3. Intellectual Property Rights

WAMA retains all right, title and interest in our Intellectual Property Rights. For the purpose of the Terms of Use, “Intellectual Property Rights” shall mean rights to patents, designs, utility models, trademarks, trade names, know-how, trade secrets, copyright, photography rights and any other industrial and intellectual property rights.

You shall refrain from commencing or prosecuting any legal actions or other proceedings against WAMA whereby you would (a) challenge the validity of any trademarks and/or trademark applications held or filed by WAMA, or (b) in any other way claim that Intellectual Property Rights held or licensed by WAMA infringe any of your or a third party’s Intellectual Property Rights. The foregoing only applies to the extent permitted under applicable law.

4. User Requirements

You are responsible for your conduct and communications while using the Services. You must comply with the following requirements when using the Services:

1. You must use the Services in compliance with, and only as permitted by, applicable laws.
2. You may not use or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
3. You may not use the name, logo or any other WAMA trademarks or brand elements, except as explicitly permitted by WAMA.
4. You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
5. You may not circumvent or attempt to circumvent any limitations that WAMA imposes on your WAMA online account (such as by opening up a new WAMA online account to use Services for activities that previously resulted in our closing of your online account for a Terms of Use violation).
6. You may not probe, scan, or test the vulnerability of any WAMA system or network.
7. You may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
8. Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
9. You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
10. You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users.
11. You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.

5. Changes to the Services

WAMA does not warrant the accuracy and completeness of the contents on the Services. We may make changes to the Services, at any time without notice.

6. Prohibition of Access 

Whilst we shall use commercially reasonable efforts to provide users with access to the Services twenty-four (24) hours per day, we cannot guarantee your access and you acknowledge that we make no representation or warranty that the Services will be available. You are responsible for your own hardware, software and facilities and we cannot guarantee compatibility of your systems with our Services.

We shall be entitled, at our sole discretion, to (a) temporarily suspend the Services for upgrades or modifications, and/or (b) restrict your access to and use of the Services where we consider it reasonably necessary for the operation of the Services. We shall not be responsible for any loss or damage you may incur as a result of any such suspension, restriction or prohibition.

We reserve the right at all times to prohibit or deny your access to the Services or any part thereof immediately and without notice.

7. Duration and Expiration of the Terms of Use

The Terms of Use apply to you for as long as you remain a registered user (active or inactive) of our Services. The Terms of Use automatically stop applying to you (expires) when you are no longer a registered user of any Services.

8. WARRANTY

While it is in the interest of WAMA to provide you with a great experience when using the Services, there are certain things we do not promise about them. We try to keep our Services up, but they may be unavailable from time to time for various reasons.

UNLESS EXPLICITLY SET FORTH OTHERWISE, WAMA DISCLAIMS WITH REGARD TO ANY SERVICES ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM OR COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, THE SERVICES AND OTHER DOCUMENTATION OR MATERIAL PROVIDED BY WAMA AS AN ACTIVITY UNDERTAKEN UNDER THE TERMS OF USE ARE PROVIDED TO YOU “AS IS”, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER INCLUDING BUT NOT LIMITED TO ANY PERFORMANCE WARRANTIES. WAMA DOES EXPLICITLY NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES AND CONTENT PROVIDED THEREUNDER WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, SECURE OR ERROR-FREE; (B) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (C) THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY AGAINST WAMA FOR ANY DISSATISFACTION WITH THE SERVICES IS TERMINATING THE SUBSCRIPTION IN ACCORDANCE WITH THE TERMS OF USE AND STOP USING THE SERVICES.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WAMA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE TERMS OF USE OR THE USE OF THE SERVICES, EVEN IF ADVISED ON THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED. SUCH LIMITATION OF DAMAGES INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFIT, REVENUE OR PRODUCTION, INTEREST ON INVESTMENTS, COST OF CAPITAL, LOSS OF DATA OR SOFTWARE, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, EQUIPMENT OR SERVICES, DOWNTIME COSTS, CLAIMS OF CUSTOMERS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR IMPAIRMENT OF OTHER GOODS.

10. Indemnification 

You agree to defend, indemnify and hold us, our employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising from your breach of these Terms of Use and/or your use of this Services. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect our rights or obligations without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

11. General 

WAMA may modify this Terms of Use at any time without notice to you. You will be responsible for reviewing and becoming familiar with any such modification. The most current version of the Terms of Use will always be posted on WAMA website.

12. Governing Law and Jurisdiction

These Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region of the People's Republic of China. You agree to submit to the exclusive jurisdiction of the Hong Kong Court.