Terms and Conditions
Last updated: 1 July 2021
1. Contractual Relationship
These Terms of Use (“Terms”) govern the access or use by you, an individual, from within any country in the world of applications, websites, content, products, and services (the “Services”) made available by SmartGini Limited, a private limited liability company (“SmartGini”) established in Hong Kong.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and SmartGini. 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. SmartGini may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
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.
SmartGini may amend the Terms related to the Services from time to time. Amendments will be effective upon SmartGini’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.
Our collection and use of personal information in connection with the Services is as provided in SmartGini’s Privacy Policy located at www.smartgini.com. SmartGini may provide to a third party any information about you provided hereunder if: it is necessary to enforce the terms of the Agreement or if it is required by applicable law or regulation; or if it is necessary to (1) protect the safety, rights, property or security of SmartGini, or any third party, (2) detect, prevent or otherwise address fraud, security or technical issues, and/or (3) prevent or stop activity which SmartGini considers to be, or to pose a risk of being, illegal, unethical, or legally actionable.
2. The Services
The Services constitute a website (www.smartgini.com) (the “Website”) that compares insurance products and redirects users of SmartGini to purchase insurance products from third party insurance companies (“Third Party Providers”). Information on the insurance products featured on the Website are provided by NFKE Insurance Brokers Limited.
License.
Subject to your compliance with these Terms, SmartGini grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Website in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by SmartGini and SmartGini’s licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (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 SmartGini; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that SmartGini 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. SmartGini does not endorse such third party services and content and in no event shall SmartGini be responsible or liable for any products or services of such Third Party Providers.
Ownership.
The Services and all rights therein are and shall remain SmartGini’s property or the property of SmartGini’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 SmartGini’s company names, logos, product and service names, trademarks or services marks or those of SmartGini’s licensors.
3. Your Use of the Services
User Accounts.
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 in Hong Kong to obtain an Account. Account registration requires you to submit to SmartGini certain personal information, such as your first and last name, nickname, gender, birthday, HKID, family profiles, mailing address, email address, and phone number. 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.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers. 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. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Text Messaging, Email.
By creating an Account, you agree that the Services may send you email messages as part of the normal business operation of your use of the Services. You may opt-out of receiving email messages from SmartGini at any time by following the directions found at the bottom of the email message. You acknowledge that opting out of receiving email or text messages may impact your use of the Services.
Network Access and Devices.
SmartGini 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. Disclaimers; Limitation of Liability; Indemnity.
Disclaimer.
The Services are provided “as is” and “as available.” SmartGini 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, SmartGini 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. SmartGini 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.
Limitation of liability.
SmartGini 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 SmartGini has been advised of the possibility of such damages. SmartGini 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 SmartGini has been advised of the possibility of such damages. SmartGini shall not be liable for delay or failure in performance resulting from causes beyond SmartGini’s reasonable control. In no event shall SmartGini’s total liability to you in connection with the services for all damages, losses and causes of action exceed the amount of which you have paid through SmartGini.
SmartGini’s services may be used by you to compare and purchase insurance products from Third Party Providers, but you agree that SmartGini has no responsibility or liability to you related to any insurance product provided to you by Third Party Providers other than as expressly set forth in these terms.
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.
You agree to indemnify and hold SmartGini and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyers’ 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) SmartGini’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
5. Governing Law; Arbitration.
This Agreement shall be governed by, and construed in accordance with the laws of Hong Kong.
Any dispute or difference arising out of or in connection with this Agreement shall first be referred to mediation at Hong Kong International Arbitration Centre (HKIAC) and in accordance with its then current Mediation Rules.
If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute or difference shall be referred to and determined by arbitration at HKIAC and in accordance with its Domestic Arbitration Rules. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in the English language. The seat of arbitration shall be Hong Kong. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the HKIAC, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
6. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to SmartGini. Information regarding the method of contact can be found on www.smartgini.com.
Notice.
SmartGini may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to SmartGini by written communication.
General.
You may not assign or transfer these Terms in whole or in part without SmartGini’s prior written approval. You give your approval to SmartGini for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of SmartGini’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, SmartGini or any Third Party Provider as a result of the contract between you and SmartGini or use of the Services.
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.”