SUPPAW is a social network for Hong Kong pet lovers to get connected. We are aspiring to become a one-stop pet shop with all pet-related services and act as a pro-bono animal adoption platform.
In using the Website you agree to be bound by these Terms and the privacy statement set out at www.suppaw.com (“Privacy Statement“). If you do not accept these Terms and the Privacy Statement, you must refrain from using the Website.
To the extent of any discrepancy or inconsistency between these Terms and/or the Privacy Statement in respect of use of the Website, these Terms will prevail. To the extent of any discrepancy or inconsistency between the English and the Chinese versions of the Terms, the English version will prevail.
The Privacy Statement and these Terms may change from time to time and the most current version will be the one available on our Website at www.suppaw.com.
Any reference in these Terms to “we”, “us” and “our” is a reference to Suppaw or the applicable Affiliate that owns, operates and/or controls the relevant Website.
1. USE OF THE WEBSITE
1.1 You may only use the Website for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding your use of the Website.
1.2 You shall not and shall not attempt to violate the security of the Website including, without limitation:
1.2.1 accessing data not intended for you;
1.2.2 logging into a server or account which you are not authorised to access;
1.2.3 probing, scanning or testing the vulnerability of a system or network utilised by the Website;
1.2.4 breaching the security or authentication measures adopted by us for the Website; and
1.2.5 interfering with the access to or use of the Website by other users.
1.3 If you breach any Terms you may be subject to civil and/or criminal liability and we may take such legal action as we deem necessary and expedient.
2. CONTENTS OF THE WEBSITE
2.1 The maintenance of the Website and all materials and information presented on the Website are intended for your personal entertainment, information, education and communication only, and shall not be regarded in any way as our offer for sale of, or our solicitation for an offer to buy, any goods or services.
2.2 All information, trademarks, logos, photographs, pictures of products, images, short videos, sound files, links and other information on the Website are for reference only. Although we have made every effort to display the products on the Website as accurately as possible, the appearance of the products displayed on your computer or mobile device screen may be affected due to screen defaults or display and colour capabilities of your computer or mobile device. We are not responsible for the limitations of technology and do not guarantee that your screen’s display of any colour, size, texture or detail of the products will be accurate.
2.3 We do not guarantee that all webpage content, products, and services provided by webpage or its servers, or emails sent by the website do not contain computer viruses or other harmful ingredients.
3. REGISTRATION AND ACCOUNT
3.1 When you create an account (an “Account”) with us, you guarantee that you are at the age of 18 or above. You further warrant that the personal information which you provide to create the Account is true, accurate, complete, current and not misleading in any respect. Inaccurate, incomplete, obsolete or misleading information may result in the immediate termination of your Account.
3.2 You must never use the membership or user account of another registered member or user, a name or trademark that is subject to any rights of another person or entity other than you. You will be liable for our losses and/or the losses of other persons resulting from your unauthorised use of others’ membership or user accounts. You may not use as an Account name any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in our sole discretion. Suppaw may refuse to grant a particular Account name to you or require you to change your Account name for any reason.
3.3 You are responsible for keeping the details of your membership or user account maintained with us secure and confidential. In no event shall we be responsible or liable for any unauthorised use of your membership or user account by any other person. You agree to immediately notify Suppaw at [email protected] of any changes in your registration information of your membership or user account in a timely manner or in the event that you learn of or have reason to suspect any unauthorized use of your Account or any other breach of security.
3.4 We may operate an online platform for the exchange of views and information in relation to goods and services provided by us (“Forum”). We may invite individuals, companies or organisations (“Writers”) to post articles on the Forum from time to time. Provided you are a registered user of the Forum, you may post your feedback, opinion and/or comment in response to the articles posted, which may be viewed by other users of the Website.
3.5 You may freely browse any information on this Website and use the Services provided by Suppaw. However certain content or services may only be available to you if you have created an Account.
3.6 You are not allowed to change your username once registration has been completed. You are not allowed to disguise your identity with multiple Accounts or use the service with multiple Accounts to obtain personal benefits.
3.7 You agree that Suppaw has the absolute discretion to reject any of your application for an Account or to become a member for any reason at the sole discretion of Suppaw and you agree that Suppaw is not obligated to send any notice or explanation to you to reject such application.
3.8 Suppaw reserves the absolute right to deactivate or cancel your Account at any time in its sole discretion.
3.9 If your Account has not been used for more than 365 days, Suppaw reserves the right to delete your Account, files or data without notice. You acknowledge that your membership benefits, if any, may be deemed forfeited if your Account is inactive for more than 365 days.
3.10 You may terminate your Account by sending an email to [email protected] and state your intention to terminate your Account. Once approved, the account will be permanently terminated.
3.11 If your Account is blocked for whatever reasons and if you fail to notify us within 60 days from the date of blocking by email ([email protected]), your Account will be terminated without further notice, and any membership benefits, if any, shall be deemed forfeited. For the avoidance of doubt, if you notify us that your Account is blocked, we have the sole discretion to decide whether to unblock your Account, and you agree that Suppaw is not obligated to send any notice or explanation to you.
4. SUBMISSIONS AND OWNERSHIP OF INFORMATION
4.1 When you upload, submit, store, send or receive content and data to or through the Website or through the services provided by us (“Services”), you agree and consent that any and all information including comments, messages, Forum postings, data, suggestions, designs, concepts and other items or materials (save and except for the details of your membership account maintained with us, including without limitation login ID and password) disclosed, submitted, uploaded, posted, emailed, transmitted, distributed, published or offered to us through or in connection with the Website including via private message, email, mail, voice mail or any other form of transmission (collectively, “Submission”) are submitted on a non-confidential and non-proprietary basis and will, on submission, become the property of Suppaw. We are under no obligation to:
4.1.1 accept any Submission;
4.1.2 maintain any Submission in confidence;
4.1.3 pay to you or anyone any compensation for or in connection with the use, including distribution, of any Submission;
4.1.4 respond to any Submission; or
4.1.5 save or retain any Submission.
We will preserve the content of any Submission at our sole discretion. This licence is fully-paid and royalty free, as such we do not owe you anything else in connection with our use of any Submission. We may exercise our rights under this licence anywhere in the world and this license is perpetual, and our rights under this licence continue even after you stop using the Website and our Services and/or terminate your Account with us.
4.2 You represent and warrant that:
4.2.1 you own all rights to your Submission or, alternatively, that you have the right to give us the rights described above; and
4.2.2 your Submission complies with these Terms.
4.3 You are solely responsible for all content that you submit. You represent and warrant that your Submission will not, in any manner:
4.3.1 violate any applicable law or regulation or advocate illegal activities;
4.3.2 infringe the copyright, trademark, trade secrets or other intellectual property rights of others;
4.3.3 violate the privacy or publicity or other personal rights of others;
4.3.4 be libelous, defamatory, obscene, pornographic, scandalous, threatening, abusive or hateful;
4.3.5 contain any information, content or materials that involve sale or provision of any illegal products or services or make any misleading or fraudulent product or service claims;
4.3.6 advertise or solicit funds, goods, services or disseminate any junk mail, spam, chain letters, schemes or other forms of solicitation; or
4.3.7 contain viruses, Trojan horses, worms, corrupted files, any other software intentionally designed to cause damage to a computer, server, third parties or computer network (“Malware”) or other materials that may cause damage to another’s computer,
and you agree not to submit any such material.
4.4 You acknowledge that any Submission posted by you on the Website (including any personal data) may be accessed by other users of the Website for the purposes of accepting, forwarding, identifying, locating and/or replying to such Submission. We shall not be responsible for any improper use of the content of such Submission by any third party.
4.5 You acknowledge that we do not pre-screen or approve any Submission posted on the Website by its users, and agree that you shall be solely responsible for the form, content, accuracy and truthfulness of the Submission posted by you as well as all consequences of your postings on the Website. In any event, we take no responsibility whatsoever for the Submissions posted by any users of the Website, or for loss of content of any Submission, and do not make any representations or warranties regarding the content, truthfulness, reliability or accuracy of any Submission on the Website posted by its users. Any reliance by you on any Submission posted by other users of the Website will be entirely at your own risk.
4.6 You may not use any content posted by other users of the Website other than for the purposes of accepting, forwarding, identifying, locating and/or replying to any content on the Website.
4.7 We may not monitor the Website at all times but reserve the right to monitor it any time. We may remove or edit any Submission posted by you on the Website which is abusive, illegal, disruptive, or inappropriate, in our sole and absolute discretion and for any reason, without any compensation or recourse to you or any other person.
4.8 Without prejudice to the foregoing, we may limit or even ban your posting of any Submission, including but not limited to the period of time of posting and the size or content of your Submission.
4.9 You agree that any action or inaction we take to prevent, restrict, redress, or regulate your Submission, or to implement other enforcement measures against any Submission, is undertaken voluntarily and in good faith. We do not accept any responsibility or liability for any Submission made on the Website, and the contents thereof do not necessarily represent or reflect our views or opinion.
5. SEARCH FUNCTION
5.1 Any search or image search function on the Website is only automated service provided by Suppaw using a computer program service. The search, retrieval, or image finding results and related links are provided by various source websites or related third parties, and are not controlled by Suppaw. Suppaw will not make any guarantee or warranty for your use of such search, retrieval or image finding results and related links, their nature, and the content displayed, or any damage or loss caused by them, including but not limited to any direct or indirect losses.
6. PAYMENT AND FEES FOR ADOPTION OF PETS
6.1 The adoption fees and adoption guidelines for each pet vary with the different shelters so to find out about a particular pet, please contact the organization directly that has the pet. We assume no liability or responsibility in connection with the adoption fees and adoption guidelines for each pet.
7. GUARDIAN CONDUCT AND PROHIBITIONS
7.1 A pet owner (“Guardian”) may in our discretion or Suppaw may on behalf of a Guardian, list a pet (“Pet Listing”) for adoption by for those who desire to be pet adopters (“Adopter”). By listing a pet, each Guardian agrees, and each Adopter understands, as follows:
7.1.1 When you, the Guardian, transfer the pet into the possession of the Adopter, you are no longer such pet’s owner. By transferring such pet you agree that you have no right to such pet and are not responsible for such pet. The Adopter owns such pet, is responsible for such pet, and owes Suppaw the adoption fee (if applicable).
7.1.2 You are the legal Guardian of the pet whose profile you are listing, and legally authorized to transfer possession of that pet to an Adopter.
7.1.3 You are at least 18 years of age or legal age in your state of residence (whichever is greater).
7.1.4 All information you provide will be truthful, accurate, complete and up to date to the best of your knowledge at the time provided and you will update any Pet Listings to keep them truthful, accurate and complete. You are solely responsible for the accuracy and completeness of such information.
7.1.5 You are wholly responsible for fulfilling obligations both implied and stated in any Pet Listing you create and you may not post any Pet Listing that you do not intend to honour.
7.1.6 You are solely responsible for complying with all applicable laws in connection with the delivery of a pet to an Adopter.
7.1.7 You understand that we reserve the right to suspend your account or revoke your right to use this Website or cancel a Pet Listing at any time for any reason and to report suspicious listings to appropriate law enforcement agencies.
7.1.8 Pets are listed and adoptions made at the Guardian’s own risk and discretion. Suppaw has no decision-making authority with respect to the adoption process. The Adopter and Guardian are solely responsible for any and all communications and interactions, including, but not limited to, meet-ups.
7.1.9 You acknowledge that any collection of a final adoption fee helps to ensure, but does not guarantee that the Adopter’s intentions for the pet are in the pet’s best interest.
7.1.10 You will not accept or receive any payment, in the form of cash, services, or property, for the adoption of any pet listed on this Website. Your account may be suspended or your right to use this Website revoked, in Suppaw’s discretion, if you breach this covenant.
7.1.11 You may not display any advertisement as part of your or your pet’s profile.
7.1.12 You may not knowingly communicate with any User under the age of 18 or submit or post materials specifically intended or designed to attract the attention of children under the age of 18.
7.1.13 You may not offer any pet that you do not yourself own or have permission to post for adoption.
7.1.14 You may not list any exotic animal for adoption to the extent that it is not lawful to own such an animal in Hong Kong. Suppaw reserves the right to report any listing that may violate applicable law to appropriate law enforcement authorities.
7.1.15 You may not list any pet on our Website that has been found to be “dangerous” or “vicious” by any court of law or government agency. You also agree that each pet you list on this Website does not pose an imminent threat of serious aggression towards people or other animals nor has the pet shown any behaviors that could be defined as “dangerous” or “vicious.” Specifically, no dog listed by Guardian has been determined to be a “Bad Dog” or like determination under applicable law.
8. PET LISTINGS
8.1 Only pets belonging to the Guardian’s organisation or are part of an assisted rehoming program for a member of the public may be listed by or listed on behalf of the Guardian. Guardians may be asked or Suppaw may remove any pets listed on behalf of other rehoming organisations.
8.2 It is crucial that any pet found through an adoption service be thoroughly examined by a veterinarian immediately upon adoption. We cannot guarantee the health or temperament of any pet offered for adoption, nor can we comprehensively evaluate nor endorse the practices of any organisation or individual. For the avoidance of doubt, any description of a pet shall not be a representation, warranty or guarantee on the part of Suppaw.
8.3 We are not responsible for any damages arising out of the use of any information contained on the Website. Any pets found, adopted through or listed in Suppaw are the sole responsibility of the adoption organisation and/or adopting party. Suppaw accepts no responsibility for any liability or for any injury or damages to any person or property caused by any listed pet, as well as any cause of action, claims, suits or demands whatsoever that may arise as a result of such injury or damage.
9. ADOPTERS’ CONDUCT AND PROHIBITIONS
9.1 Adopters may, in our discretion, contact Guardians for the purpose of pursuing the adoption of a pet posted in a Pet Listing. By using this Website, each Adopter agrees to the following:
9.1.1 When you, the Adopter, take possession of a pet, you are such pet’s owner. You are solely responsible for such pet and for paying Suppaw the adoption fee (if applicable).
9.1.2 You are at least 18 years of age.
9.1.3 The pet(s) are adopted at the Adopter’s sole and absolute risk and discretion, including, but not limited to, the compatibility of any pet, the health of any pet, its temperament or fitness for a particular home or family circumstance. Suppaw does not conduct any research or checks regarding the pets or the Pet Listings, including without limitation the backgrounds of any pet featured on the Website, and we are not responsible or liable for any information regarding the pets, content of the Pet Listings, or actions of the pet. Suppaw has no decision-making authority with respect to the adoption process. The Adopter and Guardian are solely responsible for any and all communications and interactions, including, but not limited to, meet-ups. Suppaw makes no representation that a request for adoption will be accepted by any Guardian.
9.1.4 All information provided by you is truthful, accurate, complete and up to date to the best of your knowledge.
9.1.5 The final adoption fee (where applicable) will be collected by Suppaw at the time that the Guardian transfers possession of the pet to the Adopter. Adopter will not personally make any payment to any Guardian.
9.1.6 You will not apply to adopt any exotic animal that is not lawful in Hong Kong. Suppaw reserves the right to report any application that may violate applicable law to appropriate law enforcement authorities.
9.1.7 Suppaw has the right (but is not obliged) to investigate and prosecute your, Guardian or Adopter violations of any of the above conduct to the fullest extent of the law. In addition, and as set in these Terms, Suppaw may take a range of actions against you, including, but not limited to deactivating or cancelling Pet Listing(s) or accounts(s), for a violation of this Section or these Terms.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 You acknowledge and agree that the materials on the Website (including without limitation text, images, layout, designs, pictures, graphics, logos, icons, brands, audio and video clips, illustrations, data compilations, software and other proprietary materials contained in the Website) are the intellectual property owned by us, our Affiliates, our licensors or other third parties which are protected by copyright laws and/or other intellectual property laws.
10.2 All trademarks, trade names, and/or logos used on the Website are our registered or unregistered marks, names and/or logos or those of our Affiliates or third party licensors, which are protected by intellectual property laws. Nothing contained in the Website shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademarks, trade names or logos displayed on the Website.
10.3 You acknowledge and agree that the materials contained in the Website are made available for your personal non-commercial use only and that you may download or copy such materials solely for your personal non-commercial use, provided you will not delete or change the copyright, trademark and any other proprietary notices or legends contained in such materials. You will not obtain any right, title or interest in any of such materials as a result of such downloading or copying.
10.4 You undertake that, except for your personal non-commercial use, you shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, distribute, display, remove, delete, add to, modify, commercially exploit or create derivative works from, or sell or participate in any sale of the materials contained in the Website in whole or in part.
10.5 Any use of the materials on the Website other than those permitted under these Terms is strictly prohibited.
10.6 To the extent that we do not own the intellectual property rights in any Submission, you unconditionally grant us a non-exclusive, worldwide, irrevocable and royalty-free right to use the Submission in connection with our business purposes.
11. LINKS TO OTHER WEBSITES
11.1 Where the Website provides links to third party websites, these are provided solely as a convenience to you, and shall not in any way be regarded as an endorsement of any kind by us approving the content on such websites. If you access any linked third party websites, you do so entirely at your own risk. We neither take any responsibility for nor make any representations, warranties or undertakings (whether express or implied) as to their availability and the content contained therein. Any questions or comments relating to such third party websites shall be addressed to the operators of those websites.
12. DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 To the greatest extent permitted by law, the Website is provided “as is” and “as available” basis, without any representation, warranty, condition or other term binding on us, whether express or implied, whether based in common law, statute or otherwise, and we and our officers, employees, directors, parents, Affiliates, agents, sponsors and licensors specifically disclaim and exclude any and all representations and warranties of any kind, express or implied, in connection with or in relation to the Website, the information contained therein, the products displayed thereon and the services provided thereat (including the implied warranties or merchantability, fitness for a particular use or purpose, and non-infringement). Unless otherwise expressly set forth herein, Suppaw makes no representation that the content and materials on this website are appropriate or available for use in any location. Your access to the Website is on your own initiative and you are responsible for ensuring your use of and access to, the Website complies with all applicable local laws.
12.2 Without limiting the generality of the foregoing, we do not represent or warrant that:
12.2.1 Any Services provided to you by Suppaw will operate at all times and will not be affected by external factors;
12.2.2 your use of the Website will be uninterrupted or error-free;
12.2.3 defects on the Website will be corrected;
12.2.4 the Website, or the server that makes it available, will be free of viruses, Trojan horses, worms, any other Malware or other harmful elements;
12.2.5 the information contained in the Website will be timely, accurate, useful or complete; or
12.2.6 the products displayed and the services described on the Website will be available in our retail or online shops at all times.
12.3 We will not be liable for any failure, delay or default in carrying out our obligations or duties hereunder directly or indirectly caused by or resulted from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labour disputes, equipment failures (including but not limited to Internet system failure) or any other causes beyond our reasonable control.
12.4 We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you. In any event, we will not be liable to you for any modification to or withdrawal of the Website.
12.5 Except to the extent precluded by applicable law, we and our Affiliates, and our respective officers, directors, agents, employees, contractors and other representatives, exclude all liability arising under, in connection with or related to these Terms and your use of the Website, including all liability for:
12.5.1 indirect, special, incidental, consequential or punitive losses, damages or expenses;
12.5.2 damages for economic loss, loss of profits or loss of any of the following – revenue, clients, bargain, goodwill, anticipated savings and, use of products;
12.5.3 personal injury or property damage resulting from your access to or use of the Website or Services or the adoption or actions of or interaction with any pet;
12.5.4 any unauthorised access to or use of our servers of any personal or financial information;
12.5.5 any interruption of transmission to or from the Website or our Services;
12.5.6 any computer viruses or malicious code that may be transmitted on or through the Website or our Services; and
12.5.7 any loss or damage of any kind incurred as a result of the use of any functionality or content posted, emailed, transmitted or otherwise made available on or through the Website or our Services.
12.6 We and our Affiliates do not warrant, endorse, guarantee, or assume responsibility for any pets offered for adoption or adopted or any third party product or service recommended, advertised or offered on or through the Website or Services, or any linked website, including without limitation, from any shelter or rescue organization.
12.8 You understand that all content and information on the Website is for reference only, and none of the content and information on the Website is intended to be medical advice, diagnosis and/or treatment. If you encounter any medical problems and/or questions, it is recommended that you seek your own advice from qualified professionals.
12.10 The exclusion of liability herein applies regardless of the basis on which such liability arises, whether for breach of contract, in tort (including negligence), in equity, under statute, under an indemnity, for breach of conditions and warranties implied by custom, the general law or statute, in respect of any claims by a third party against you or otherwise and whether or not we are aware or should have been aware of the possibility of such loss.
12.11 You understand that the company is not an agent of any of the merchant and/or advertiser which or who appears on our Website.
12.12 To the extent that our liability cannot be excluded and we are able to limit our liability, then our maximum aggregate liability for all claims arising from, in connection with or related to your use of services on the Website and the Website itself shall be limited to the amount of HK$100.
13.1 You irrevocably and unconditionally agree to defend, indemnify and hold harmless us and each of our Affiliates and each of our respective officers, directors, agents, employees, contractors and other representatives from and against all claims, actions, demands, liabilities, expenses, losses, damages and other costs whatsoever (including but not limited to any claims made against us by any third party) arising from, in connection with or related to your use of the Website or your breach of these Terms.
14.1 In the event that you have breached or violated, or we suspect that you have breached or violated or attempt to breach or violate, any provision of these Terms or the applicable laws or regulations, we may expel you from, and prevent your further access to, the Website (by terminating your membership or user account, blocking your Internet Protocol (IP) address or any other means), and remove any and all content and materials posted by you on the Website, without notice and compensation of any kind to you.
14.2 We shall have no obligation to deliver or return to you any content or materials posted on the Website at any time which are subject to removal pursuant to these Terms.
15. GENERAL TERMS
15.1 We may revise these Terms from time to time without prior notice to you. Your continued use of the Website following such revision shall be deemed as your acceptance of these Terms as amended. It is your responsibility to visit the Website regularly to check out the latest Terms.
15.2 From time to time, cyber squatters or other unauthorised persons may register or use a confusingly similar domain name/name/trademark/trade name/logo or otherwise hold themselves out as having any association with or endorsement from us or our Affiliates. We and our Affiliates may investigate and/or take action against such cyber squatters and unauthorised websites but we are not in any way responsible and shall not be liable for any acts and/or omissions of these cyber squatters and/or the contents, transactions or anything related to any unauthorised websites.
16. ENTIRE AGREEMENT
16.1 These Terms constitute the entire agreement between you and us relating to your use of the Website, and shall replace and supersede all other communication (be it written or oral), discussions, letters and contracts relating to the subject matter hereof.
17.1 You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.
18.1 No failure or delay by us in exercising any right, power or remedy under the Terms shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of these Terms shall be deemed as a waiver of any subsequent breach of that or any other provision of the same.
19.1 The provisions contained in each clause of these Terms shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. In the event any provision of these Terms is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there will be added as part of these Terms one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
20. GOVERNING LAW AND JURISDICTION
20.1 These Terms are governed by and are to be construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China.
20.2 All dates and times in these Terms refer to the Hong Kong time zone. Sundays and all Public Holidays in Hong Kong will not be considered as working days for the purposes of these Terms.
20.3 Any dispute, controversy or claim arising out of or relating to the Terms, or the breach, termination or invalidity thereof, will be settled by the courts of Hong Kong Special Administrative Region of the People’s Republic of China.
21.1 If you have any enquiries relating to the Website, please contact us by email at [email protected].