Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT. BY USING OUR SITE OR ANY OF THE SERVICES/SOFTWARE, YOU CONFIRM YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ENTITY TO THESE TERMS OF USE. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT ACCEPT THESE TERMS OF USE, THEN YOU MAY NOT USE THIS SITE OR ANY OR THE SERVICES/SOFTWARE.

By using AppTrack Asia’s website (www.apptrackasia.com) (“Site”), you confirm that you accept the terms of use as stipulated below (“Terms”) and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site. These Terms also refer to additional terms, which may apply to your use of our Site:

(a)           Our Privacy Policy as per the use of your personal information (https://apptrackasia.com/privacy-policy/).

(b)           Our Software as a Service Agreement, if you subscribe as part of a paid subscription to our software application, then the additional terms for the “Software as a Service Agreement” also apply to you (https://apptrackasia.com/software-agreement/).

We amend these Terms from time to time in order to reflect any changes to our services or our user’s needs. Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time and we will try to give you reasonable notice of any major changes. We also recommend to you to print the Terms for your own reference.

We may suspend or withdraw our Site

We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal as soon as reasonable. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them. If you you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party otherwise we have the right to disable any user identification code or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify our officer via email to contact@apptrackasia.com.

No warranty

The information and materials contained in this Site, including links, text, graphics or any other items are provided “as is” and/or “as available”. In particular, where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. AppTrack Asia does not warrant the accuracy, adequacy or completeness of any information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

User-generated content is not approved by us

AppTrack Asia shall in no event be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if AppTrack Asia, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

We are not responsible for viruses and you must not introduce them 

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

Limitation of Liability

AppTrack Asia will not be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if AppTrack Asia, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Rules about linking to our site  

You may link your website to our Site, provided that you do this in a fair and legal manner without any damage to our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our Site other than that set out above, please contact our officer via email to contact@apptrackasia.com.

Intellectual Property Rights

AppTrack Asia either owns the rights in the text, images, audio and/or video clips, the underlying HTML, and other content that is made available to you on this Site (“IP Rights”), or AppTrack Asia obtained the licence of the owner to use the IP Rights on this Site. AppTrack Asia grants a limited licence to display the IP Rights on a computer, print, download, and use the IP Rights for non-commercial, personal, or educational purposes only, provided that (i) AppTrack Asia is not liable for any liability incurred by you as a result of using this limited licence, (ii) you display on each copy a copyright notice and (iii) you do not make any modifications to the IP Rights.

Without express written permission by AppTrack Asia no other use of the IP rights is allowed. Nothing in these Terms confers any right in any copyright of AppTrack Asia or other copyright owner’s content provided on this Site.

No Waiver of AppTrack Asia’s rights

No act, delay or omission by AppTrack Asia shall affect its right, powers and remedies under these Terms or any further or other exercise of such rights, powers or remedies. The rights and remedies under these Terms are cumulative and not exclusive of the rights and remedies provided by law.

Severance

If any provision of these Terms is not or ceases to be legally binding and enforceable, it will not affect the legality, binding effect or enforceability of any other provision.

Applicable law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region and any dispute deriving therefrom shall be submitted to the non-exclusive jurisdiction of the courts of Hong Kong.

To contact us, please email our officer at contact@apptrackasia.com.