Terms of Service
This Agreement applies to all users of the Services, including but not limited to readers, buyers, or contributors of content, information and other materials (each a “User”, and collectively, “Users”).
If you are entering into this Agreement for and on behalf of a business entity, the term “you” in this Agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not allow.
This Agreement is between you and TLive or between you and any different service provider identified for a particular Service.
In this Agreement, “item” or “items” includes, without limitation, goods, services, courses and videos.
By using the Services in any manner, including but not limited to visiting or browsing the Platform, Services, buying items, you agree to observe and be bound by this Agreement and the additional terms and conditions and policies referenced herein.
TLive reserves the right to amend, change, modify or update this Agreement at any time. You will be deemed to have agreed to the revised Agreement by your continued use of the Services following the date on which the revised Agreement is published.
2. Your Use of the Services
Subject to your compliance with this Agreement, TLive grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
You can use parts of the Services, such as browsing and searching for certain contents shared by other Users, such as live streaming, photos, videos, comments, data, text, links and other information (the “Content”), without having an account registered with TLive (the “Account”) or by logging in with your Facebook or Google account. However, you need an Account to use some features. Only with an Account, you may be able to make purchases and publish the Content.
You shall use the Services in accordance with this Agreement and should not:
a. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Services or any Content except unless it is expressly authorised by the Services, or prior written permission from TLive and, if applicable, the respective rights holders have been obtained;
b. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Services, or attempt to do any of the foregoing, including, without limitation, security-related features or features that prevent or restrict the copying or other use of Content, or limit the use of the Services or Content;
c. upload any Content that violates or infringes the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights of another party;
d. copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services;
e. make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services;
f. violate any applicable laws, rules or regulations in connection with your access or use of the Services;
g. use the Services in violation of or to circumvent any sanctions or embargo;
h. remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of TLive or its affiliates, partners, suppliers or licensors;
i. use the Services for any purpose for which it is not designed or intended;
j. use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by TLive;
k. use any proprietary information or interfaces of TLive or any other intellectual property of TLive in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services;
l. use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable;
m. use the Services to distribute or post automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters or pyramid schemes;
n. upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components;
o. use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services;
p. collect or harvest any information in respect of other Users without their consent;
q. commit any act to avoid paying any applicable fees and/or charges;
r. attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include, without limitation, creating fake or duplicate accounts, and generating fake orders;
s. misuse any reporting, flagging, complaint, dispute, or appeal process, including but not limited to making groundless, vexatious or frivolous submissions; and
t. authorise or encourage anyone to do any of the foregoing.
TLive reserves the right to claw back any cashbacks, prizes, MTR Points (as defined hereinafter) and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your Account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of this Agreement, our guidelines, any additional terms and conditions and policies.
You would need to have an account with TLive (“Account”) in order to use some parts of the Services. You are required to provide your name and email address for registering an Account with us. You may also create an Account by logging in the Platform with your Google or Facebook account. When you create an Account, you represent and warrant that:
a. if you are an individual, you are 18 years of age or older;
b. if you are representing a company, organisation or any other legal entity (the “Entity”), you are authorised by the Entity to do so and have the authority to legally bind the Entity to this Agreement;
c. you are capable of entering into and performing legally binding contracts under applicable law; and
d. all information provided by you in connection with the Account registration and creation is true, accurate and complete, and not misleading in any respect.
If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for all activities and transactions under your Account. You are obliged to keep your Account secure. We will not be responsible in any way if your Account is misappropriated or used by a third party.
You are responsible to comply with TLive’s current policies and guidelines (which form part of this Agreement) and all applicable laws with respect to your activities and the Content which you upload to the Services.
Unless expressly permitted by TLive and subject to this Agreement and any other additional terms as TLive determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another User’s Account without their permission.
4. TLive’s Objective
TLive aims to provide a platform for Users to buy items through our Services. TLive does not pre-screen a User or the Content provided by a User, nor is TLive directly involved in transactions between Users and sellers. Consequently, TLive has no control over, and you agree that TLive is not responsible or liable for, any of the following:
a. the quality, safety, morality or legality of any aspect of the items listed on TLive;
b. the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items;
c. the true identity, age, nationality, or sense of humour of a User; and
d. any Content posted by Users.
You are encouraged to use the features and functions available on the Services to find out more about the items which a seller has put up for sale. However, please exercise common sense and good judgment in your interactions with other Users. While TLive endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other Users is entirely at your own risk.
The Services allow Users to create and share the Contents. You retain ownership rights in the Content which you upload or share on TLive but you grant TLive, TechTure Limited and its affiliated entities a worldwide, fully-paid, royalty-free, sub-licensable, and transferrable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to TLive’s Privacy Notice) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.
You also grant each other User of the Services a worldwide, non-exclusive, royalty-free licence to access your Content through the Services, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a User to make use of your Content independent of the Service.
The licences granted by you shall continue for a commercially reasonable period of time after you remove or delete your Content from the Services. You understand and agree, however, that TLive may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
You may remove your Content from the Services at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by this Agreement.
You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.
You acknowledge that TLive does not pre-screen Content uploaded by Users. TLive shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, TLive shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
a. if the Content is in breach of this Agreement;
b. if the Content is in violation of any applicable law or regulation in any jurisdiction in the world;
c. if TLive has received a complaint or notice of infringement in respect of the Content; or
d. if the Content is otherwise objectionable.
TLive may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or Users, or to otherwise enforce this Agreement.
6. The Services provided by TLive
TLive only provides the Platform for selling and buying of items through our Services. Generally, TLive is not responsible for the followings aspects of any item sold through our Services, namely (1) delivery, (2) repair and maintenance, (3) replacements, (4) returns, (5) refunds, (6) cancellations, and (7) other after-sale services, subject to any other terms and conditions stated herein.
6.1 Delivery Service
If the buyers decide to receive the purchased items through delivery, sellers shall be responsible for arranging delivery of the purchased items. Sellers shall have complete and sole discretion in whether to (1) arrange delivery service with the third-party logistics service provider(s) designated by TLive, TechTure Limited and/or its affiliated entities from time to time, or (2) arrange their own delivery.
TLive allows a seller to: (i) specify available delivery option(s); and (ii) specify delivery fees for each available delivery option, for an item listed on the Platform. When a buyer places an order of the item, the buyer shall choose an available delivery option specified by the seller and shall be responsible for paying the stipulated delivery fees for such delivery option. The seller is responsible for ensuring all the information (including delivery fees) specified by the seller using the delivery service is correct. The seller shall charge only the delivery fees applicable to the delivery method chosen by the buyer in accordance with this Clause, as stipulated at the time when the buyer places an order.
Sellers are solely responsible for delivering sold items to buyers via the delivery option chosen by the buyer. You acknowledge and agree that, apart from designating the logistics service provider(s) as mentioned above, TLive, TechTure Limited and its affiliated entities have no control over any delivery of the items sold through the Platform, including but not limited to the delivery fees and method specified by sellers.
Buyers are encouraged to choose a tracked and/or registered delivery option as they bear the risk of any lost deliveries in the event of an untracked delivery. In the event of any tracked delivery that does not arrive, a seller may be required to provide valid proof of delivery that allows TLive to verify that the item was dispatched to the address provided by the buyer for the specific order. In any event, TLive is not responsible for any delays, delivery failures, damages, or losses resulting from the delivery service.
6.2 Cancellation of Orders and Refunds
Orders placed by buyers cannot be cancelled after payment has been made. Refunds will not be granted if the buyers fail to pick up the goods at the designated location within the specified time.
There may be circumstances under which the sellers may not be able to fulfill the customer's order for various reasons, including but not limited to: (i) insufficient inventory, (ii) temporary closure of sellers’ shops, (iii) overwhelming orders, (iv) inability to ship on time, and (v) other unforeseeable circumstances. In such cases, the sellers may refuse or cancel the order, and TLive will be responsible for handling refund, chargeback, and transaction dispute issues. The amount paid by the buyers for the order will be fully refunded based on the payment method used for the purchase.
If the customer arrives at the designated locations within the pickup time limit listed on the voucher or within the sellers’ specified business hours (whichever ends earlier) and attempts to pick up the goods but is unable to do so due to sellers' fault, the buyers are entitled to request a full refund by emailing firstname.lastname@example.org with relevant evidence and supporting documents before the pickup deadline. The refund request time will be based on the time the email is received by email@example.com. TLive will be responsible for handling refund, chargeback, and transaction dispute issues. The final decisions regarding any disputes between the buyers and the sellers or TLive in connection therewith shall be subject to the sole and absolute discretion of TLive.
Cancellation notifications may be affected by network conditions, and you acknowledge and agree that the internal records on TLive’s server shall be final and conclusive. Any vouchers will become invalid at the moment the order is cancelled. After an order is cancelled, TLive will be responsible for handling refund, chargeback, and transaction dispute issues, and the amount paid for the cancelled order will be fully refunded based on the payment method used for the purchase. Although TLive promises to process refunds within 90 working days, the actual refund time depends on the relevant policies as well as the terms and conditions of the payment method selected by the buyers. TLive or the relevant sellers will not be held liable for any delays in refunds caused by the payment method selected by the customer.
TLive retains absolute discretion and decision-making authority regarding all cancellation of orders and refund matters.
6.3 Return or Exchange
If you have any questions about the products you have ordered, please contact TLive at firstname.lastname@example.org. Unless explicitly stated otherwise herein, all fees paid for orders are non-refundable, and there are no returns or exchanges for products that have already been paid for.
6.4 Payment to Seller
TLive and/or its Payment Service Providers (as defined hereinafter) may establish and verify the following information using reliable, independent sources, and retain copies of all reference documents used in such verification (“Verification”):
a. where you are representing an Entity, the identities of all directors, partners and persons having executive authority as if such persons were themselves a User;
b. your identity (as well as identity and authority of any agent and/or natural person appointed by you to act on your behalf in relation to your Account);
c. the existence of any beneficial owner in relation to your Account and if so, the identity of each such beneficial owner; and
d. any other information as may be required pursuant to the requirements of the relevant economic sanctions, anti-money laundering and counter-terrorism financing laws and any other applicable laws and regulations.
Upon completion of Verification by TLive and and/or its Payment Service Providers (as defined hereinafter), all the payments that a seller has earned from selling items through the Platforms will be accepted through the seller’s Account and reflected as a balance (“Balance”).
6.5 Buyers on TLive
TLive may allow a buyer to make payment for purchase of an item listed on the Platform through multiple payment methods, such as PayPal and Octopus Online Payment.
If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you cannot authenticate the seller’s identity.
In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, anti-money laundering compliance, compliance with economic or trade sanctions, in connection with TLive’s internal risk controls or due to potential violations of any policy of TLive, or a policy of the Payments Services Providers.
If you (as a buyer) want to seek replacements, returns or cancellation, you are required to communicate with the seller directly.
6.6 Information Collected during Transactions
In communicating with a User through the Services for the acceptance of services or purchase of an item (each a “Transaction”, and collectively, “Transactions”), you may obtain personal information of that User, such as their email address, phone number and mailing address. Without obtaining prior permission of the User, you shall use such information solely for the purpose of the Transaction.
You agree that TLive and TechTure Limited may obtain your personal information and the information of your Transactions with the sellers for the purposes of operation of the Platform, evaluation and analysis of data traffic and the award of reward points to be provided by MTR Corporation through its mobile application (the “MTR Points”).
6.7 No Participation in Transactions
Notwithstanding the foregoing, as TLive is not involved in Transactions which are considered solely between sellers and Users, TLive cannot ensure that a buyer and/or a seller would follow through and complete a Transaction.
7. Payment System
TLive provides multiple payment methods, such as PayPal and Octopus Online Payment (“Payment Service”).
7.1 Payment Service Providers
In order to provide the Payment Service, you acknowledge that TLive may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Payment Service Providers”) into the Platforms and that Payment Service Providers provide its payment processing services subject to their respect Additional Terms (as defined hereinafter). In order to use the Payment Service, you agree to comply with such Additional Terms, as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms (as defined hereinafter).
By providing the information for the purpose of using the Payment Service, you represent and warrant, that: (i) you are legally authorised to provide such information to us; (ii) you are legally authorised to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorise a payment using any such account(s) via the Platforms, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).
You agree to authorise TLive, TechTure Limited and its affiliated entities to process the Payment Service on your behalf including but not limited to making and/or accepting any payments, in accordance with this Clause 7.
7.2 Additional Terms
If you use any of the Payment Service, you acknowledge that such services shall be subject to or governed by additional terms and conditions of third-party service providers, partners, subcontractors and/or agents (“Additional Terms”). You agree to comply with such Additional Terms, which may be modified or updated from time to time, and any other terms and conditions that may be referred to or incorporated within such Additional Terms.
7.3 Prohibited Items
You acknowledge and agree that you shall not use the Payment Service in connection with any Contents, business or activities set out herein. TLive reserves the right to take all steps to ensure that you do not use the Payment Service in connection with such Contents, businesses or activities. Any transactions involving any such contents, businesses or activities shall be void, and you agree that TLive, TechTure Limited and its affiliated entities may, at its sole discretion, refund the relevant payment to the relevant party for such transactions minus any transaction, service and/or administration fees that may be charged by TLive and/or its service providers, subject to any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction.
You further agree that you are responsible for all purchases and/or sales using the Services under your Account, including transactions which you did not authorise.
8. Disputed TLive Transactions
If you and a seller have a dispute through the Platform in connection with any Transactions and are unable to agree or resolve such dispute (the “Disputed TLive Transactions”), you agree that such dispute shall be finally resolved by TLive, which shall be binding and final, subject to any applicable laws and regulations. You agree to comply with TLive’s decisions and instructions in connection with such dispute. You further agree to release TLive, TechTure Limited and/or its affiliated entities from any demands, claims, actions, proceedings, suits, liabilities, damages, costs and expenses in connection with or arising out of any of your disputes with users of our Services in connection with the Disputed TLive Transaction.
You acknowledge and agree that TLive, TechTure Limited or its affiliated entities may, at its sole discretion: (i) freeze and hold the money paid in connection with the Disputed TLive Transaction (“Disputed Money”) unless and until the dispute is resolved; (ii) return or provide any portion of the Disputed Money to you and/or seller; (iii) require you to return the item bought through the Disputed TLive Transaction (“Disputed Item”) to the seller; (iv) require the seller to refund the Disputed Money to TLive, TechTure Limited, its affiliated entities or you; and/or (v) require the seller to exchange the Disputed Item with a replacement for you. You agree to comply with all TLive’s instructions in accordance with this Clause 8.
In the event of a Disputed TLive Transaction which involves an investigation by the police or other government or regulatory authority, subject to (i) any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction, and/or (ii) any claims made by any third party relating to the Disputed Money, TLive may, at its sole discretion: (a) freeze and hold the relevant Disputed Money (unless and until the dispute is resolved); and (b) thereafter, return or provide any portion of the Disputed Money to you and/or seller at TLive’s reasonable discretion.
9. Disputes with Users
Without prejudice to Clause 8, if you are in dispute with a seller at the Platform, you are encouraged to contact that seller to resolve the situation amicably. If the dispute is notified to TLive, TLive will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release TLive, TechTure Limited and its affiliated entities from any claims, demands and damage arising out of your disputes with sellers at the Platform.
Your privacy is very important to us at TLive and we have provided the TLive Privacy Notice to explain our privacy practices. Please review the Privacy Notice to understand how TLive collects, uses and discloses information collected and received from you at here.
11. Intellectual Property
You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of TLive, TechTure Limited and/or its affiliated entities. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of TLive, TechTure Limited and/or its affiliated entities. You are not granted any intellectual property rights in and to the Services not expressly granted in this Agreement and such rights are hereby reserved and retained by TLive, TechTure Limited and/or its affiliated entities.
The Services may utilise or include third-party software that is subject to open source and third-party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between this Agreement and the terms of such open source or third-party licences, the terms of the open source or third-party licences shall prevail with regard to your use of the relevant third-party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
You are not authorised to use TLive’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of TechTure Limited, which may be withheld at the sole discretion of TechTure Limited.
12. Reporting Unauthorised Content
TLive respects the intellectual property rights of others and we expect the same of our Users. If any person believes that there has been unauthorised use of his/her/its intellectual property rights by a User, please report to us by providing the relevant details and information via email (email@example.com).
TLive reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.
13. Suspension and Termination
You may terminate your Account by sending a cancellation request to us via email (firstname.lastname@example.org).
TLive reserves the right to, at its sole discretion, and without liability:
a. suspend or terminate your Account and/or your access to the Services at any time, for any breach of this Agreement, our guidelines, any additional terms and conditions and policies;
b. suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice; and
c. change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
You acknowledge and agree that if you terminate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including the Contents. It is your responsibility to back up the Contents uploaded by you should you consider necessary.
Upon termination, all licences and rights granted to you in this Agreement will cease immediately.
14. No Warranty
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
TLive does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and TLive’s servers are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). TLive, TechTure Limited and its affiliated entities are not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from TLive, TechTure Limited and its affiliated entities or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that TLive, TechTure Limited and its affiliated entities have no obligation to support or maintain the Services.
TLive, TechTure Limited and its affiliated entities expressly disclaim any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Contents uploaded by Users or the third-party content and services, particularly in relation to any advertising and promotional campaign at the Platform, whether or not carried out by TLive. TLive, TechTure Limited and its affiliated entities are not responsible or liable in any manner for the third-party content and services associated with or utilized in connection with the Services, including the failure of such third-party content and services.
In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your discretion and risk. TLive, TechTure Limited and its affiliated entities do not accept any responsibility in connection with your participation in activities conducted by any other party.
15. Limitation of Liability
You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the services is to request for termination of your Account and/or discontinue any use of the Services.
In no event shall TLive, TechTure Limited or its subsidiaries, affiliates, officers, directors, employees, partners, suppliers, licensors or agents be liable for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings, loss or corruption of data, or indirect, incidental, consequential, special or exemplary damages arising out of or in connection with:
a. your access or use of or inability to access or use the Services or any third-party content and services;
b. your conduct or the conduct of other Users in connection with the use of the Services including, without limitation, death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other Users or persons you meet through the services, whether or not the damages were foreseeable and whether or not TLive was advised of the possibility of such damages;
c. errors, mistakes, or inaccuracies on the Services;
d. any unauthorised access to or use of the Services;
e. any interruption or cessation of the Services;
f. any viruses or malicious code transmitted to or through the service by any third party;
g. any content submitted by a User, seller, or any other third-party service providers; and/or
h. the removal or unavailability of any Content.
This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.
Without limiting the generality of the foregoing, the aggregate liability (if any) owed by TLive, TechTure Limited or its affiliated entities to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of fees received by us in respect of the services giving rise to such claims. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You shall indemnify and hold harmless TLive, TechTure Limited, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Contents; (c) any use of your Account; (d) your breach of this Agreement; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
TLive, TechTure Limited and its affiliated entities do not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that TLive, TechTure Limited and its subsidiaries, affiliates, partners, suppliers and licensors shall owe no liability to you for any losses suffered by you resulting from or arising in connection with compatibility or interoperability problems.
18. Sub-contracting by TLive
TLive, TechTure Limited and its affiliated entities reserve the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as they deem appropriate.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between you and TLive, TechTure Limited or any of its affiliated entities.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
Except as provided herein, any failure by TLive, TechTure Limited or its affiliated entities to exercise a right or require performance of an obligation in this Agreement shall not affect its ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of this Agreement constitute a waiver of any subsequent breach.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
This Agreement constitutes the entire agreement between you and TLive and supersedes all prior or contemporaneous understandings and/or agreements between you and TLive.
In this Agreement, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
20. Governing Law and Jurisdiction
You hereby agree that the laws of Hong Kong shall govern this Agreement and that the courts of Hong Kong shall have non-exclusive jurisdiction over any dispute arising out of or in connection with this Agreement.
This document is originally written in English and may be translated into other language and in event of any conflict arising, the English version shall prevail.
Last updated on 8 AUG 2023