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TERMS AND CONDITIONS FOR DEOWN

  1. Terms of service
    1. Please read the terms and conditions (the “Terms of Service”) set forth below as they apply to your access and use of our services, including our various websites, platform, APIs, email notifications, applications, buttons, and widgets and/or purchasing a Product (each a “Service” and collectively “Services”), and any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services signifies your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.
    2. By accessing and/or using the Services, you represent that you are 18 years old or above and are legally capable of entering into binding contracts.
    3. If you do not accept these Terms of Service, please discontinue use of the Services immediately.
  2. Interpretation
    1. The following definitions and rules of interpretation apply in these Terms of Service:“Account” refers to a Renter Account and/or Product Owner Account individually or collectively.“Renter” refers to any person that has registered a Renter Account in accordance with these Terms of Service.

      Platform” means both (i) the web and mobile versions of the website operated and/or owned by Deown which is presently located at the URL www.de-own.com and (ii) any mobile applications made available from time to time by Deown, including iOS and Android versions.

      Product” means any good listed by Product Owners on our Platform.

      Product Owner” refers to any individual that has registered to list a Product on our Platform.

    2. Clause headings shall not affect the interpretation of these Terms of Service.
    3. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
    4. Any words following the terms “including”, “include”, “in particular”, “for example”, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.
  3. Privacy policy
    1. These Terms of Service refer to the additional terms in our Privacy Policy (the “Privacy Policy”), which also apply to your use of our Services.
    2. Our Privacy Policy sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of Hong Kong for storage, processing, and use by us. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account and which you may not be able to opt-out from receiving.
  4. Information about usThe Services are provided and operated by Deown Limited (we or “Deown”). We are a limited liability company registered in Hong Kong with registered number 66983339-000-12-16-A and have our registered office at B5, 22/F Hoover Industrial Building, 26-38 Kwai Cheong Road, Kwai Chung, Hong Kong.
  5. Changes of termsWe may amend the Terms of Service from time to time at our sole discretion without notice or liability to you. It is your responsibility to check this page periodically for changes. By continuing to use the Services following such amendments to the Terms of Service, you agree to be bound by such amendments.
  6. Changes to our services
    1. The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
    2. We make no representations, warranties, or guarantees, whether express or implied, that our Services or any Content on our site is accurate, complete, or up to date.
  7. Accessing our services
    1. We do not guarantee that our Services or any content will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
    2. You are responsible for making all arrangements necessary for you to have access to our Services.
    3. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions and that they comply with them.
  8. Your licence to use the servicesDeown gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive licence to use the software that is provided to you by us as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Deown in the manner permitted by these Terms of Service.
  9. Renter account
    1. refuse or cancel an order made through the Renter Account;
    2. prohibit the Renter Account owner or other person from accessing and/or using the Services or participating in any promotion by Deown; and/or
    3. merge, suspend, and/or terminate Renter Account(s).
    1. To use certain Services and to rent a Product on our Platform, you will be required to create an account with Deown (the “Renter Account”). You are responsible for safeguarding the password for your Renter Account and for any activities or actions under your password. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your Renter Account. You must treat such information as confidential. You must not disclose it to any third party. Deown cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
    2. You may register for a Renter Account with us by submitting a registration form on www.de-own.com.
    3. 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 have failed to comply with any of the provisions of these Terms of Service.
    4. If you know or suspect that anyone other than you knows your password, you must promptly notify us at rent@de-own.com.
    5. It is your responsibility to provide accurate, complete, and up to date information for your Renter Account.
    6. You shall not misuse the Services by creating multiple Renter Accounts.
    7. Where wrongful or fraudulent use of a Renter Account is suspected or discovered by Deown, we reserve the right at our sole discretion, and without liability, and without prejudice to our other rights and remedies under these Terms of Service or at law, to immediately:
  10. Product Owner account
    1. refuse or cancel any transaction made through the Product Owner Account;
    2. prohibit the Product Owner Account owner or other person from accessing and/or using the Services; and/or
    3. merge, suspend, and/or terminate Product Owner Account(s).
    1. To use certain Services and to rent out a Product on our Platform, you will be required to create an account with Deown (the “Product Owner Account”). You are responsible for safeguarding the password for your Product Owner Account and for any activities or actions under your password. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your Product Owner Account. You must treat such information as confidential. You must not disclose it to any third party. Deown cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
    2. To be eligible for a Product Owner Account on our Platform you must proof you own the products you intend to list, and to be approved by a Deown staff.
    3. You may register for a Product Owner Account with us by submitting a registration form on www.de-own.com.
    4. 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 have failed to comply with any of the provisions of these Terms of Service.
    5. If you know or suspect that anyone other than you knows your password, you must promptly notify us at rent@de-own.com.
    6. It is your responsibility to provide accurate, complete, and up to date information for your Product Owner Account.
    7. You shall not misuse the Services by creating multiple Product Owner Accounts.
    8. Where wrongful or fraudulent use of a Product Owner Account is suspected or discovered by Deown, we reserve the right at our sole discretion, and without liability, and without prejudice to our other rights and remedies under these Terms of Service or at law, to immediately:
  11. Listings
    1. be true, fair, complete, and accurate in all respects;
    2. include only Products that relate to Consumer Electronics;
    3. be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us;
    4. not contain any Products that breach any law or regulations, give rise to a cause of action against Deown or any person, or infringe any person’s rights, including intellectual property rights;
    1. the Product Owner’s legal notices are sufficient to meet the Product Owner’s legal disclosure obligations and other legal obligations; and
    2. the Product Owner complies with all laws applicable to their Listings.
    1. If you register a Product Owner Account, you will be entitled to list Products for rent on our Platform subject to these Terms of Service (a “Listing”) by taking the steps outlined on our Platform.
    2. Listings that are created will be reviewed by us within one (1) week from submission and will only be published on our Platform once approved by us.
    3. We reserve the right, and without prejudice to our other rights in these Terms of Service, to refuse, remove, and/or delete any Listing at our sole discretion including, but not limited to, if the Product Owner or Listing is in breach of these Terms of Service or any additional terms we may specify on our Services from time to time, and if we refuse, remove, and/or delete a Listing, we will not refund any fees you may have paid to us in respect of the Listing.
    4. Listings created on our Platform must:
    5. Using our Platform interface, you must remove any Listings of Products that are no longer available and keep any images, details, descriptions, prices, and promotional information accurate and up to date.
    6. Product Owners must ensure that all prices specified in or in relation to a Listing are in Hong Kong dollars only.
    7. Product Owners must use our Platform interface to create legal notices applying to their relationships with Renters and ensure that:
  12. Product informationWhilst Deown and the Product Owner makes best efforts to provide you with accurate and up-to-date images, details, descriptions, prices, and promotional information, there may be instances where errors and differences may occur and neither Deown nor the Product Owner warrant that such images, details, descriptions, prices, and promotional information is accurate, current, or free from error. We cannot guarantee that your electronic display of any Product colour or image will be accurate. Neither Deown nor the Product Owner shall be liable to you or any third party for any errors or differences in the images, details, descriptions, prices, and promotional information listed through our Services.
  13. Our role
    1. You acknowledge that parties other than Deown list and rent out Products on our Platform. For the avoidance of doubt, each agreement entered into for the sale of a Product shall be an agreement entered into directly and only between the Product Owner and Renter.
    2. You acknowledge that:
      1. we do not confirm the identity of Account owners, check their credit worthiness, or otherwise vet them;
      2. we may at our sole discretion, but are not obliged to and do not guarantee to, check, audit, or monitor the information contained in Listings;
      3. we are not party to any contract for the sale or purchase of Products in Listings;
      4. we are not involved in any transaction between a Renter and a Product Owner in any way, save that we facilitate a marketplace for Renters and Product Owners and process payments on behalf of Product Owners;
      5. we are not the agents for any Renter or Product Owner,

      and accordingly, we will not be liable to any person in relation to an offer for rent of offer for sale or sale or purchase of any products listed on our Platform. Furthermore, we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any Products and we will have no obligation to mediate between the parties to any such contract.

  14. Rental process
    1. The information set out in these Terms of Service and any of the Services do not constitute an offer for rent but rather an invitation to treat by the Product Owner. All orders submitted by a Renter through our Platform shall be deemed to be an offer made by the Renter to the Product Owner to purchase the selected Products set out in the order upon these Terms of Service (an “Order”).
    2. No binding contract for the Product Owner to rent to the Renter any Product is made until the Product Owner accepts an Order in accordance with these Terms of Service, and each Order accepted by the Product Owner (a “Contract”) shall constitute a separate contract.
    3. To submit an Order a Renter will be required to follow the online shopping process described on our Platform. After submitting an Order and making payment, the Renter will receive an Order Confirmation that will act as an acknowledgement of the Renter’s Order and payment.
    4. All Orders will be deemed to be irrevocable and unconditional upon transmission through our Platform and the Product Owner shall be entitled (but not obliged) to process such Order without the Renter’s further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 19, you may request to cancel or amend the Order, which the Product Owner will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, the Product Owner is not obliged to give effect to any request to cancel or amend any Order.
    5. Processing of payment of an Order shall not in itself constitute acceptance of the Order by the Product Owner or by Deown. Where an Order is refused or cancelled by the Product Owner or Deown, any payment already made for such Order will be reversed or refunded in accordance with the prevailing refund policy at such time.
    6. An Order is only considered accepted by the Product Owner upon the Order being shipped to the address provided by the Renter.
  15. Risk and title in the products
    1. Risk of damage to or loss of the Products shall pass to the Renter at the time of delivery or, if the Renter wrongfully fails to take delivery of the Products, the time when the Product Owner (whether directly or via Deown or agents) has tendered delivery of the Products.
    2. Notwithstanding delivery and the passing of risk in the Products or any other provision of these Terms of Service, the title in the Products shall not pass to the Renter until Deown has received in cash or cleared funds payment in full of the price of the Products and all other charges for which payment is then due.
  16. Price and payment
    1. Deown reserves the right to amend the price of Products listed on our Platform at any time without notice or liability.
    2. Deown and the Product Owner are under no obligation to fulfil an Order if the price listed on our Platform is incorrect (even after an Order confirmation has been sent). If we or the Product Owner discovers an error in the price of any Products that are the subject of an Order, we or the Product Owner will inform you and give you the option of reconfirming your Order for such Product at the correct price or cancelling it. By confirming your Order for such Product, you authorise us to charge the additional amounts to you. If we or the Product Owner is unable to contact you, we and the Product Owner will treat the Order for such Product as cancelled. If you cancel your Order for such Product, we will reverse or refund payment in accordance with the prevailing refund policy at such time.
    3. Prices are in Hong Kong dollars.
    4. Where applicable, delivery fees, packaging fees, handling fees, administrative fees, and/or other ancillary costs and fees will be charged in addition to the price of the Product. Such charges will be displayed and included in the final total when you submit your Order.
    5. All payments shall be made to Deown, either accepting payment in its own right or as the Product Owner’s agent, and you acknowledge that Deown is entitled to collect payments from you on behalf of Product Owners.
    6. We accept payment for Orders through our Platform by the following payment methods:Major credit cards, including Visa, MasterCard, and American ExpressPayPal
    7. By placing your Order, you authorise us to transmit information to or obtain information about you from third parties from time to time, and this may include requesting pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction, authentication of your identity, validation checks on your credit card by the issuer, protection against fraud and to enable delivery of your Order. By placing your Order, you are confirming that the card belongs to you or that you are the legitimate holder of the Promotional Voucher, and have sufficient funds or credit facilities to cover the cost of the Order.
    8. By placing your Order, you agree to treat the Products with great care. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause. If you return a Product that is damaged beyond normal wear and tear, then you agree that Deown shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
  17. Promotions and vouchers
    1. cannot be refunded, redeemed, or exchanged for cash;
    2. is non-replaceable if lost, stolen, destroyed, duplicated, tampered with, or otherwise misappropriated;
    3. cannot be resold, transferred, or shared, except for a gift voucher which may be purchased by you and given to others;
    4. cannot be reproduced, adapted, altered, or otherwise tampered with;
    5. will be declared null and void by Deown where, in our sole discretion, such Promotional Voucher is suspected to have been used in breach of these Terms of Service.
    1. Deown may from time to time run promotions, contests, or other privilege programmes (a “Programme”) that are subject to additional terms and conditions which are hereby incorporated by reference into these Terms of Service and can be found on our site at such applicable time.
    2. Deown may from time to time make available vouchers, codes, coupons, credits, or gift vouchers (a “Promotional Voucher”). A Promotional Voucher may be subject to additional terms and conditions that are hereby incorporated by reference into these Terms of Service and can be found either on the Promotional Voucher or on our site at such applicable time.
    3. Each Programme and Promotional Voucher is valid for the time period specified by Deown.
    4. Each Promotional Voucher is only eligible for single use and cannot be used in conjunction with any other Programme or Promotional Voucher unless otherwise stated or explicitly agreed to by Deown.
    5. A Promotional Voucher:
    6. Deown’s decision on all matters relating to each Programme or Promotional Voucher is final and binding.
    7. Deown reserves the right to discontinue any Programme or Promotional Voucher at any time, in our sole discretion, without notice or liability.
    8. Any vouchers, codes, coupons, credits, or gift vouchers issued by a Product Owner cannot be used to purchase Products through our Platform unless expressly stated otherwise in our Services.
  18. Refusal of order
    1. Deown and the Product Owner reserve the right to withdraw any Products from rental on the Platform at any time. Whilst Deown and the Product Owner will make best efforts to process all Orders, there may be exceptional circumstances where we or the Product Owner need to refuse to process an Order after an Order confirmation has been sent by us, which we and the Product Owner reserve the right to do at our or the Product Owner’s sole discretion.
    2. If we or the Product Owner refuse or cancel your Order for any reason and you have already made payment for your Order, we will reverse or refund payment in accordance with the prevailing refund policy at such time.
  19. Cancellation of contract
    1. You may cancel your rental order subject to the following cancellation fees and policies:
      1. If you cancel fourteen (14) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
      2. If you cancel less than fourteen (14) days but more than seven (7) days in advance of the delivery date, you will not receive any refund, but you will receive a full credit to your Deown account for the Rental Fee associated with the cancelled order. This credit can be applied to any future Deown rental.
      3. If you cancel two (2) or fewer days in advance of the delivery date, you will not receive a refund.
    2. Without prejudice to any other right of termination elsewhere in these Terms of Service, the Product Owner, or Deown acting on the Product Owner’s behalf, may stop any Products in transit, suspend further deliveries to the Renter, and/or terminate the Contract with immediate effect by written notice to the Renter on or at any time after the occurrence of any of the following events:
      1. the Products under the Contract being unavailable for any reason;
      2. the Renter being in breach of an obligation under the Contract;
      3. the Renter passing a resolution for its winding up or a court of competent jurisdiction making an order for the Renter’s winding up or dissolution;
      4. the making of an administration order in relation to the Renter or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Renter’s assets; or
      5. the Renter making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
    1. A Renter may cancel a Contract before the Product Owner dispatches the Products under such Contract by written notice to Deown at rent@de-own.com. If the Products have already been dispatched, you may not cancel the Contract but may only return the Products in accordance with the prevailing return policy at the time.
    2. Without prejudice to any other right of termination elsewhere in these Terms of Service, the Product Owner, or Deown acting on the Product Owner’s behalf, may stop any Products in transit, suspend further deliveries to the Renter, and/or terminate the Contract with immediate effect by written notice to the Renter on or at any time after the occurrence of any of the following events:
  20. Delivery
    1. Any delivery fees will be as specified by the Product Owner in the relevant Listing.
    2. The Product Owner will aim to deliver the Product to you at the place of delivery specified in your Order The goods will be delivered at the delivery time indicated by us in your Order confirmation.
    3. The Product Owner will make best efforts to deliver the Products at the proposed delivery time but cannot and does not guarantee that delivery times will be met. The time for delivery shall not be of the essence, and, to the extent permitted by law, neither Deown nor the Product Owner (nor any of their agents) shall be liable to you or any third party for any losses, liabilities, costs, damages, charges, or expenses arising out of late delivery.
    4. Your signature may be required to accept delivery. If you are not available to sign for the Product upon an attempt of delivery, a card may be left with instructions and terms, hereby incorporated by reference, for either re-delivery or collection.
    5. If the Renter fails to take delivery of the Products (otherwise than by reason of any cause beyond the Renter’s reasonable control or by reason of the Product Owner’s fault), then, without prejudice to any other right or remedy available to the Product Owner, the Product Owner may terminate the Contract.
    6. There may be locations that the Product Owner is unable to deliver to, in which case the Product Owner will inform you using the contact details provided by you when submitting your Order and arrange for an alternative delivery method or cancellation of your Order.
  21. ReturnsThe Product Owner shall specify the returns policy for each Product in the relevant Listing.
  22. RefundsWhere Deown and/or a Product Owner determines that a refund is to be made under these Terms of Service, payment will be reversed or refunded via the same method that payment was originally made. In the event a reversal cannot be done, we will contact you via the contact details provided when you submit your Order to determine an agreed refund method.
  23. Fees charged to Product Owners
    1. the amount of the fees will be as specified in these Terms of Service or on our Services from time to time; and
    2. the scope and duration of the Services in respect of which the fees are payable will be as specified on our Services at the time those fees are paid.
    1. commission shall be payable at the rate or rates specified on our website from time to time;
    2. we shall deduct commission due from amounts held or processed by us on behalf of the Product Owner; and
    3. commission payments are non-refundable, irrespective of whether a Renter subsequently cancels the underlying order and irrespective of whether a Renter is entitled to, or receives, a refund in respect of such an order.
    1. Product Owners must pay to Deown the following amounts:
    2. In respect of fees payable to us by Product Owners:
    3. In respect of commission payable to us by Product Owners:
    4. We may vary fees from time to time by posting new fees on our Platform, but this will not affect fees for Services that have been previously paid.
    5. We may vary commission rates from time to time by posting new rates on our Platform, but this will not affect any liability to pay commission that accrues before the new rates are posted.
  24. Payments
    1. an amount equal to the amount of the charge-back;
    2. all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
    3. an administration fee as specified on our Services from time to time; and
    4. all our reasonable costs, losses, and expenses incurred in recovering the amounts referred to in this section (including without limitation legal fees and debt collection fees).
    1. You must pay to us the fees in respect of our Services in advance, in cleared funds, in accordance with any instructions on our website.
    2. If you dispute any payment made to us, you must contact us immediately at rent@de-own.com and provide full details of your claim.
    3. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within ten (10) days following the date of our written request:
    4. If you owe us any amount under or relating to these Terms of Service, we may suspend or withdraw the provision of Services to you.
    5. We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
  25. Our intellectual property rights
    1. All intellectual property rights subsisting in respect of the Services belong to Deown or have been lawfully licensed to Deown for use in connection with the Services. All rights under applicable laws are hereby reserved. You agree not to upload, post, publish, reproduce, transmit, or distribute in any way any component of the website itself, the Content, or any access to any Service, or create derivative works with respect thereto, except with the prior written consent of Deown or unless expressly permitted in these Terms of Service. The website, Content, and Services are copyrighted under applicable laws.
    2. Trade marks, service marks, trade names, and logos used and displayed on the Platform (the “Trade Marks”) are registered and unregistered trade marks of us or third parties. Nothing on the Platform and in these Terms of Service shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use (including as a meta tag or as a “hot” link to any other website) any Trade Marks displayed on the Services, without the written permission of us or any other applicable trade mark owner.
    3. You agree that we are free to use, disclose, adopt, and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments, and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges, and/or other payments in relation to our use, disclosure, adoption, and/or modification of any or all of your Feedback.
  26. Limited liability and warrantyPlease read this section carefully since it limits the liability of Deown and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Deown Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts and, as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.
      1. YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED “AS IS”, “AS AVAILABLE.” THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND THE Deown ENTITIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.
      2. WHERE THE RENTER IS DEALING AS A CONSUMER (AS DEFINED IN THE SALE OF GOODS ORDINANCE (CAP 26) SECTION 2A AND/OR THE CONTROL OF EXEMPTION CLAUSES ORDINANCE (CAP 71) SECTION 4), ALL OTHER WARRANTIES, CONDITIONS, OR TERMS RELATING TO FITNESS FOR PURPOSE, QUALITY, OR CONDITION OF THE GOODS, WHETHER EXPRESS OR IMPLIED BY STATUTE OR COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW BY Deown ENTITIES AND ANY PRODUCT OWNER.
      3. THE ENTIRE LIABILITY OF THE Deown ENTITIES AND ANY PRODUCT OWNER, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE PRODUCTS AND/OR SERVICES OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR AND ANY PRODUCT OWNER’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT, OR GUARANTEE ANY MATERIAL, PRODUCT, OR SERVICE OFFERED THROUGH US OR OUR SERVICES. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
      4. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Deown ENTITIES EXCEED ONE THOUSAND HONG KONG DOLLARS (HKD 1,000).
      5. The Deown Entities shall not guarantee or assume any responsibility that:
        1. the information presented in our Services is accurate, adequate, current, or reliable, or may be used for any purpose other than for general reference;
        2. the information presented in our Services is free of defect, error, omission, virus, or anything which may change, erase, add to, or damage your software, data or equipment;
        3. messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay, or loss;
        4. access to the Services will be available or be uninterrupted;
        5. use of the Products and/or Services will achieve any particular result; or
        6. defects in the Services will be corrected.
      6. Without limiting the generality of the foregoing, in no event will the Deown Entities be liable to you or any other person for any direct, indirect, incidental, special, punitive, or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information or the Products and/or Services, even if any of the Deown Entities has been advised of the possibility of such loss or damages.
      7. You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the Products and/or Services. You are responsible to ensure that your use of the information, Products, and/or Services complies with all applicable legal requirements.
      8. Without prejudice to the foregoing, if your use of the Products and/or Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Service or otherwise, you are advised to contact us at rent@de-own.com. No such lack of response shall be deemed to constitute any acquiescence or waiver.
      9. You hereby indemnify Deown against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation, and all interest, penalties, and legal and other professional costs and expenses) suffered or incurred by Deown in connection with any claim made against Deown for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with your use of the Products and/or Services. This clause shall survive termination of the Terms of Service.
      10. The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.
  27. Content copyright policyDeown respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, your telephone number, and an email address; (v) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and that you are authorised to act on behalf of the copyright owner.
  28. Use of the services
    1. We reserve the right at all times (but will not have an obligation) to refuse any Order, to merge, suspend or terminate Accounts, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of Deown, its users, and the public.
    2. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes, and platform in order to access our site. You should use your own virus protection software.
    3. You may not do any of the following while accessing or using the Services (i) use our Platform in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; (ii) access, tamper with, or use non-public areas of the Services, Deown’s computer systems, or the technical delivery systems of Deown’s providers; (iii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iv) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (v) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (vi) interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, trojan, worm, logic bomb, or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
    4. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
  29. Use on behalf of organisationIf you use our Services or expressly agree to these Terms of Service in the course of a business or other organisational project, then by so doing you bind both:
    1. yourself; and
    2. the person, company or other legal entity that operates that business or organisational project,

    to these Terms of Service, and in these circumstances references to “you” in these Terms of Service are to both the individual user and the relevant person, company, or legal entity, unless the context requires otherwise.

  30. Linking to usYou may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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 Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
  31. Third-party links and resources in our site
    1. The links from the Services may take you to other sites or services and you acknowledge and agree that Deown has no responsibility for the accuracy or availability of any information provided by third parties’ services and websites.
    2. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Deown on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Deown and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
    3. Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising, or other materials available made available by such third parties.
  32. IndemnityYou agree to defend, indemnify, and hold us harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement that may adversely affect our rights or obligations shall be made 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.
  33. SeveranceThe illegality, invalidity, or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity, or enforceability under the laws of any other jurisdiction nor the legality, validity, or enforceability of any other provision.
  34. Several usersIf there are two or more persons adhering to these Terms of Service as user, their liability under the Terms of Service is joint and several and their rights are joint.
  35. WaiverNo failure or delay by a party to exercise any right or remedy provided under these Terms of Service or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  36. Termination
    1. The Terms of Service will continue to apply until terminated by either you or us as follows.
    2. You may end your agreement with us at any time for any reason by deactivating your Accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.
    3. We may suspend or terminate your Accounts or cease providing you with all or part of the Services at any time for any reason, including if we reasonably believe: (i) you have violated these Terms of Service or (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your Account or the next time you attempt to access your Account.
    4. In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of these Terms of Service shall remain in full force and effect.
    5. Nothing in this section shall affect our rights to change, limit, or stop the provision of the Services without prior notice, as provided above in Clause 6 Changes to our services.
  37. Force majeure
    1. No party shall be in breach of these Terms of Service nor liable for delay in performing, or failure to perform, any of its obligations under these Terms of Service if such delay or failure result from events, circumstances, or causes beyond its reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations.
    2. The affected party shall use all reasonable endeavours to mitigate the effect of a force majeure event on the performance of its obligations.
    3. A force majeure event shall include such events as an act of God, fire, flood, typhoon, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic illness, failure of utility service or transportation, request from a government, or interference from civil or military authorities.
  38. Governing law and jurisdictionThese Terms of Service shall be governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.
  39. LanguagesIn case of discrepancies between the English version and any other language versions of these Terms of Service and contents of our Platform, the English version shall prevail.

Last updated 14 April 2017