BETWEEN:

1. You, a user of Yau Yau’s Applications (as defined below) (based on the details of which you have submitted) (hereinafter referred to as the “You)”, AND
1. PS Vibrancy Limited (Company Registration No. 3007448), ( “Yau Yau”). (Both the You and Yau Yau shall individually be referred to as “Party” and jointly as “Parties”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

1. CONTRACTUAL RELATIONSHIP

1.1 Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Yau Yau. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Yau Yau may immediately terminate these Terms or any Services with respect to you, or cease offering or deny access to the Services or any portion thereof, at any time for any reason.
1.2 Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
1.3 Yau Yau may amend the Terms related to the Services from time to time. Amendments will be effective upon Yau Yau’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
1.4 Our collection and use of personal information in connection with the Services is as provided in Yau Yau’s Privacy Policy located at https://www.yau-yau.hk/zh-hk/privacypolicy/. Yau Yau may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (as defined below) and such information or data is necessary to resolve the complaint, dispute or conflict, or when the law enforcement or court orders for disclosure.

2. THE SERVICES

2.1 The Services constitute access to a technology platform (and any related content) that is offered by Yau Yau in a number of forms, including mobile and/or web based applications (“Applications”). Among other things, the Applications will: (i) facilitate your connection to independent Third Party Providers, including independent third party handyman, engineer or interior designer (“Third Party Providers”) for the purchase of services from such Third Party Providers, including, but not limited to, residential repair and maintenance, property repair and maintenance or any other repairing services (“Services”); and (ii) enable you to receive any related content or services, including payment processing and user support. Unless otherwise agreed by Yau Yau in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

2.2 You acknowledge that:

(i) Yau Yau does not provide residential repair and maintenance, property repair and maintenance or any other repairing services and unless otherwise explicitly stated, that all such residential repair and maintenance, property repair and maintenance or any other repairing services are provided by Third Party Providers who are not employed by Yau Yau or any of its affiliates. Yau Yau is not the agent of such Third Party Providers;

(ii) Yau Yau shall not be liable for the actions or omissions of any Third Party Provider in regards to the provision of the Services and does not assume any civil or criminal liability for the condition, standard and quality of the Services provided by the Third Party Providers or guarantees the accuracy or completeness of the information (including the information, photos or images of the Services displayed on the platform). Photos and images may be displayed on the platform for illustration purposes and are for your reference only and shall not form or be construed as being part of any offer, contract, representation or warranty, expressly or impliedly;

(iii) Third Party Providers are solely responsible for obtaining all applicable approvals, authorizations, consents and permissions from the relevant parties, regulatory bodies and government authorities for the purposes of providing the relevant services and Services (where applicable). Yau Yau does not make any warranty or guarantee as to the legality of the Services provided by the Third Part Providers; and

(iv) Any safety or other related effort, feature, process, policy, standard or other effort undertaken by Yau Yau or its affiliates, in the interests of public safety or maintenance of the quality of the Services (whether required by the applicable regulations or not), is not an indicia of an employment relationship with a Third Party Provider.

Restrictions

2.3 You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of this service ; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Yau Yau; (iii) decompile, reverse engineer or disassemble this service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of this service; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of this service or unduly burdening or hindering the operation and/or functionality of any aspect of this service; or (vi) attempt to gain unauthorized access to or impair any aspect of this service or its related systems or networks.

Third Party Services and Content

2.4 The Services may be made available or accessed in connection with third party services and content (including advertising) that Yau Yau does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Yau Yau does not endorse such third party services and content and in no event shall Yau Yau be responsible or liable for any products or services of such Third Party Providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership

2.5 This service and all rights therein are and shall remain Yau Yau’s property or the property of Yau Yau’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Yau Yau’s company names, logos, product and service names, trademarks or services marks or those of Yau Yau’s licensors.

3. YOUR USE OF THE SERVICES

User Accounts

3.1 In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Yau Yau certain personal information, such as your name, address and mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or Yau Yau’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Yau Yau in writing, you may only possess one Account.

User Requirements and Conduct

3.2 You agree to abide by the Community Guidelines published by Yau Yau from time to time. Failure to comply with the Community Guidelines or any violation of these terms may result in the permanent loss of access to the Services.
3.3 The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party.
3.4 You agree that every publication, any photo or content uploaded by you to the website or the platform of Yau Yau comply with and do not contravene the Laws of Hong Kong. You undertake to Yau Yau that if Yau Yau is held criminally or civilly liable for any publication, any photo or content uploaded by you to the website or the platform of Yau Yau, you shall indemnify Yau Yau.

Messaging

3.5 By creating an Account, you agree that the Services may send you text (SMS) messages, push notifications and/or emails as part of the normal business operation of your use of the Services.
3.6 By creating an Account, you agree that Yau Yau, Yau Yau’s subsidiaries, representatives, affiliates, officers and directors, may contact you by telephone, text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) or email at any of the phone numbers or email addresses provided by you or on your behalf in connection with an Yau Yau account, including for promotional purposes.
3.7 You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You may opt out of receiving promotional emails from Yau Yau by making a statement to such effect and send it to [yauyaucs@gmail.com]. Even if you have opted out of receiving such promotional messages, Yau Yau may send you non-promotional communications, such as information in relation to this Terms and Condition, information about your account, and for purposes described in its Privacy Notice.
3.8 You agree that Yau Yau may contact you using any of the phone numbers you provided in connection with an Yau Yau account (including via text or voice-recorded message) or your email address in the case of suspected fraud or unlawful activity or for safety purposes.

User Provided Content

3.9 Yau Yau may, in Yau Yau’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Yau Yau through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Yau Yau, you grant Yau Yau a worldwide, perpetual, irrevocable, transferrable, free-of-charge license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Yau Yau’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
3.10 You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Yau Yau the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Yau Yau’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
3.11 You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Yau Yau in its sole discretion, whether or not such material may be protected by law. Yau Yau may, but shall not be obligated to, review, monitor, or remove User Content, at Yau Yau’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

3.12 You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Yau Yau does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. PAYMENT

4.1 You understand that use of the Services may result in charges to you, for the services and/or goods you receive, from a Third Party Provider (“Charges”). After you have received services and/or goods obtained through your use of the Service, the Third Party Provider will collect the agreed Charges from you directly. Thus, you shall not pay Yau Yau any Charges payable to the Third Party Provider; any such Charges paid to Yau Yau shall not be deem as Charges duly paid to the Third Party Provider.

5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.

Disclaimer

5.1 The Services are provided “as is” and “as available.” Yau Yau disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Yau Yau makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the Services, or that the services will be uninterrupted or error-free. Yau Yau does not guarantee the quality, suitability, safety or ability of Third Party Providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
5.2 Yau Yau does not control, manage or direct any Third Party Providers. Third Party Providers are not employees of Yau Yau. Yau Yau shall not be responsible for any act or omission by any Third Party Providers.
5.3 Yau Yau does not control, endorse or take responsibility for any user content or third party content available on or linked to by the services. Yau Yau cannot and does not represent or warrant that the services or servers are free of viruses or other harmful components.

Limitation of liability.

5.4 Yau Yau shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if Yau Yau has been advised of the possibility of such damages. Yau Yau shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any Third Party Provider, even if Yau Yau has been advised of the possibility of such damages. Yau Yau shall not be liable for delay or failure in performance resulting from causes beyond Yau Yau’s reasonable control.
5.5 Yau Yau’s services may be used by you to request and schedule Services with Third Party Providers, but you agree that Yau Yau has no responsibility or liability to you related to any Services provided to you by Third Party Providers other than as expressly set forth in these terms.
5.6 The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

Indemnity

5.7 You agree to indemnify and hold Yau Yau and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Yau Yau’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

6. GOVERNING LAW

6.1 Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Hong Kong.

7. OTHER PROVISIONS

General

7.1 You may not assign or transfer these Terms in whole or in part without Yau Yau’s prior written approval. You give your approval to Yau Yau for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Yau Yau’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Yau Yau or any Third Party Provider as a result of the contract between you and Yau Yau or use of the Services.
7.2 If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
7.3 If there are any inconsistencies between different language versions, the Chinese language version shall prevail.

BETWEEN:

1. You, a user of Yau Yau’s Applications (as defined below) (based on the details of which you have submitted) (hereinafter referred to as the “You)”, AND
1. PS Vibrancy Limited (Company Registration No. 3007448), ( “Yau Yau”). (Both the You and Yau Yau shall individually be referred to as “Party” and jointly as “Parties”).