Terms of Use

Agreement

The wording below sets out the terms and conditions on which VRCN Limited of Unit 702, 7/F., Sterling Centre, 11 Cheung Yue Street, Cheung Sha Wan, Kowloon, Hong Kong [company registration number 1385037] (us, we or our in terms and conditions) provides venue booking services to facilitate certain assistance to persons, organizations or companies in the area of event organizing and marketing (“Services”).

We provide the Services through online platform (“Platform”), by referring independent contractor(s) who provide event-related services to customers (“Event Service”). Our services are aimed at customers, who are located in, operate from, or trade in Hong Kong and overseas. You or your shall mean the person, organization or company who enters into a contract for the provision of Event Services, subject to these terms and conditions (“Agreement”).

1 Provision of the Service over the Platform

1.1 We will provide you the Event Service through our Platform subject to:

1.1.1 you having joined our Membership and made payment for the Event Service in the amount set out in our Platform;

1.1.2 the Recruitment Notice you have provided complying with the requirements of clause 1.1;

1.1.3 the Event Service only being provided through our Platform after you placed an order for the Event Service and complied with requirement as provided herein;

1.2.4 the limitation set out in clause 1.3 (as well as the limitations and exclusions set out elsewhere in this Agreement).

1.2 Our aim is, subject to you complying with the other provisions of this clause 1, to provide you with right to access our Platform for the purpose of placing your order to create your events or activities and promote to invited participants or public via the registration mechanism of our Platform.

1.3 The Event Service is subject to the following limitations:

1.3.1 We may decide at our sole discretion that:
(a) the event or activity to be organized is too complex; or
(b) the nature of the event and / or activity is not laid out in details; or
(c) the nature of the event and / or activity is provocative; or
(d) the service scoop is outside the areas of event-related services; or
(e) for some other reasons we do not wish or being put in a position not be able to provide the Service;

1.4 The purchase of the Event Service is subject to the following limitations:

1.4.1 we do not accept responsibility for the contents of your event(s) or activities published and promoted on our Platform;

1.4.2 we do not supply, agree to supply or hold out as supplying individual or independent contractor(s) to complete any unfinished work of your event(s) or activities, published and promoted on our Platform.

2 Placing your order and acceptance

2.1 When you join our Membership or place your order for our Event Services it is an offer by you to enter into a legal contract with us.

2.2 We and you will only enter into a binding contract when you receive a notification email from us that we have accepted your Membership or your order for Event Services that a binding contract exists from the date and time specified in the notification.

3 Payment for Event Booking

3.1 You need to sign up our Membership before using our Platform or purchasing our Event Services.

3.2 The charges of booking different venues for your events are stipulated on the venue page of our website.

4 Information on our Website/Platform

Data and material on our Website/Platform (“Web Information”) which is to be found on our website/platform to which you have access is subject to the following limitations:

4.1 the Web information is provided only for you to obtain a general understanding of the topics and issues to which it relates;

4.2 the Web information is not be relied upon or utilized by you to help you or advise or assist you with any problem or issue you are having. Moreover, the Web Information must not form the basis on which you decide to take no action or not to do something;

4.3 the Web Information may not be up to date or provide all the relevant material or data concerning the topic or issues it addresses;

4.4 the Web Information may not be copied by you or provided to any other person by you, except that you may print to a printer or download one copy of the Web Information to store on your own [personal] computer for subsequent reading by you. However, you may show the Web Information you have copied, downloaded or printed to a person or organization who is providing you with advice and assistance;

4.5 you will only search or otherwise access or view the Web Information through a standard internet browser (such as FireFox, Internet Explorer, Safari or Opera, etc.). In particular, you will not use any software or device to copy, transfer or download complete or partial parts of the Web Information or our website (text, code, software, graphics etc.) to enable you or another person to run our website.

5 Other provisions

The terms and conditions of use of our website/platform, our data protection policy and copyright notices (Other Provisions) shall be incorporated into these terms and conditions and shall be equally binding on you when you enter into a contract with us.

6 Termination

6.1 We may terminate this Agreement where you are:

6.1.1 in substantial breach of the provisions of this Agreement; or

6.1.2 in breach of the Personal Data (Privacy) Ordinance Cap.486 Laws of Hong Kong SAR;

6.1.3 in breach of the Ordinances related to Intellectual Property including but not limited to Patent Ordinance Cap. 514, Registered Designs Ordinance Cap. 522, Copyright Ordinance Cap.528 & Trade Marks Ordinance Cap.559 Laws of Hong Kong SAR; or

6.1.4 in breach of the Other Provisions.

6.2 We may also terminate this Agreement where we decide to withdraw this website/platform (whether on a temporary or permanent basis) or decide no longer to permit access to the website/platform by you (by use of passwords or changes of passwords or by any other means). In such cases, where you have paid for any Event Service and have not received the Event Service you have paid for, we may return any amounts you have paid.

6.3 Upon the expiry or termination of this Agreement, for whatever reason, you shall have no further right to use our website/platform. You shall return to us all confidential information, in whatever form or nature, and make no further use thereof.

7 Exclusion of liability

7.1 We shall not be liable to you in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of whatsoever nature incurred or suffered by you of an indirect or consequential nature, nor for any economic loss or other loss of turnover, profits, business or goodwill.

7.2 Without prejudice to the generality of the foregoing provisions of this clause 7, and by way of illustration only, we shall not be liable for the following losses or liability you may suffer or face caused by your reliance or use of the Event Service (or by not relying on or not using our Event Service, or by your using or relying on it in a reasonable way):

7.2.1 your missing a deadline;

7.2.2 you (or someone on your behalf) suffering loss by reason of inaccuracy or incompleteness of any information or data provided to you;

7.2.3 you suffering a business loss or being unable to undertake any business activity;

7.2.4 a third party making a claim against you; or

7.2.5 a government or regulatory authority imposing a fine, penalty or obligation on you.

8 Insurance

We would advise you to obtain and maintain appropriate insurance in relation to the event or activity to be organized. You are therefore advised, at your own expenses, to take out proper insurance coverage for your own protection and benefit including but not limited to employee compensation and personal injury liability insurance in connection with any event-related services as provided by the independent contractor(s).

9 Confidentiality

You acknowledge that during the performance of the event-related services, the independent contractor(s) or organizations or companies, may, from time to time, have access to confidential information belonging to you. The concerned parties shall procure that its officers shall, keep your confidential information confidential and secret and we have no any liabilities arising thereof.

10 Data protection

You shall comply with all applicable data protection legislation and regulations in force and any modifications or re-enactments of them for the time being in force.

11 General

11.1 Amendments

This Agreement may only be amended in writing signed by duly authorized representatives of both of us.

11.2 Assignments

Subject to the following sentence, neither you nor we may assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of the rights and obligations under this Agreement without the prior written agreement of the other party. Either you or we may, however, assign and transfer all the rights and obligations under this Agreement to any person to which you or we transfer all of our business, provided that the assignee undertakes in writing to the non-assignee to be bound by the obligations of the assignor under this Agreement.

11.3 Entire agreement

This Agreement contains the whole agreement between us and you and supersedes and replaces any prior written or oral agreements, representations or understandings between us and you [relating to the area of event-related services]. We and you each confirm that we have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement. Nothing in this Agreement excludes liability for fraud.

11.4 Waiver

No failure or delay by us in exercising any right, power or privilege under this Agreement shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.

11.5 Agency, partnership etc.

This Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between us other than the contractual relationship expressly provided for in this Agreement. Neither party shall have, not represent that it has, any authority to make any commitments on the other party’s behalf.

11.6 Severance

If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.

11.7 Force majeure

Understandings between us and you [relating to the area of event-related services]. We and you each confirm that we have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement. Nothing in this Agreement excludes liability for fraud.

No failure or delay by us in exercising any right, power or privilege under this Agreement shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.

This Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between us other than the contractual relationship expressly provided for in this Agreement. Neither party shall have, not represent that it has, any authority to make any commitments on the other party’s behalf.

If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.

We shall have no liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement that result from circumstances beyond the reasonable control of us. 10

11.8 Law and jurisdiction

The validity, construction and performance of this Agreement shall be governed by Laws of Hong Kong Special Administrative Region and shall be subject to the [non-]exclusive jurisdiction of the Hong Kong SAR courts to which you and we submit.

11.9 Third parties

The validity, construction and performance of this Agreement shall be governed by Laws of Hong Kong Special Administrative Region and shall be subject to the [non-]exclusive jurisdiction of the Hong Kong SAR courts to which you and we submit.

For the purposes of the Contracts (Rights of Third Parties) Ordinance Cap.623, Laws of Hong Kong SAR and notwithstanding any other provision of this Agreement this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.