Terms and Conditions

General Terms

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the https://marketera.com.hk/ website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User,” “you,” or “your”) and this Website Operator (“Operator,” “we,” “us” or “our”). 

By accessing and using Marketera Services, acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. Suppose you enter this Agreement on behalf of a business or other legal entity. In that case, you represent that you have the authority to bind such an entity to this Agreement, in which case the terms “User,” “you,” or “your” shall refer to such an entity. If you do not have such authority or do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and Membership

You must be at least 18 years of age to use the Website and Services by using the Website and Services, and by agreeing to this Agreement, you warrant and represent that you are at least 18 years of age. Suppose you create an account on the Website. In that case, you are responsible for maintaining your account’s security and fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised use of your account or other security breaches. We will not be liable for any acts or omissions by you, including any damages of any kind incurred because of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email and Internet protocol addresses to prevent further registration.

Meanings

For these Terms & Conditions:

  • Cookie: a small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you, such as your language preference or login information.
  • Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Marketera Limited (Rooms 1703-1704, 17/F, Tung Chiu Commercial Centre, 193 Lockhart Road, Wanchai, Hong Kong) that is responsible for your information under these Terms & Conditions.
  • Country: where Marketera or the owners/founders of Marketera is based, in this case, in Hong Kong, China.
  • Device: any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit Marketera and use the services.
  • Service: refers to the service provided by Marketera as described in the relative terms (if available) and on this platform.
  • Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
  • Website: Marketera Limited’s site, which can be accessed via this URL: https://marketera.com.hk/
  • You: a person or entity registered with Marketera to use the Services.

Links to Other Resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we do not, directly or indirectly, imply any approval, association, sponsorship, endorsement, or affiliation with any linked resource unless specifically stated herein. Some of the links on the Website may be “affiliate links.” If you click the link and purchase an item, Marketera will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for other third parties’ actions, products, services, or content. You should carefully review the legal statements and other conditions of use of any resource you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Restrictions

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet: (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating prohibited uses.

Cookies

We use cookie files to display the website’s content correctly and for the convenience of browsing https://marketera.com.hk/. They are small files which are stored on your device. They help the website to remember information about you, such as in which language you use the website and which pages you have already opened. This information will be useful on the next visit. Thanks to cookie files, the website’s browsing becomes much more convenient. You can learn more about these files here. You can set up cookie reception and blocking in your browser yourself. The inability to receive cookie files may limit the functionality of the website.

Third-Party Services

The Services are integrated with various third-party services and applications (collectively, “Third-Party Services”) that may make their content, products, or services available to you. These Third-Party Services may have their own terms and policies, and those terms and policies will govern your use of them. Any information that a Third-Party Service collects, stores, and processes from you or Your Sites will be subject to such Third-Party Service’s terms of service, privacy notice, or similar terms. It will not be subject to our Privacy Policy or Data Processing Addendum. Therefore, please evaluate and ensure you trust each Third-Party Service before connecting Your Site to its services. Each Third-Party Service is solely responsible for providing all support, maintenance, and technical assistance to you with respect to their services (including their interoperation with Your Sites). When using Third-Party Services, your security is your responsibility. We do not control Third-Party Services, and we are not liable for Third-Party Services for any transaction you may enter into with them or for what they do. We may receive a revenue share from Third-Party Services that we recommend to you or that you otherwise engage via the Services. You agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to, or remove any Third-Party Services.

Term and Termination

This Agreement shall remain in effect until terminated by you or Marketera. However, this Agreement will terminate immediately, without prior notice from Marketera, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies from your computer. Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from your computer.

No Warranties

The website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Marketera, on its own behalf and behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, concerning the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, neither Marketera nor any Marketera’s provider makes any representation or warranty of any kind, express or implied: 

  • As to the operation or availability of the website or the information, content, and materials or products included thereon; 
  • The website will be uninterrupted or error-free; 
  • As to the accuracy, reliability, or currency of any information or content provided through the website; 
  • The website, its servers, the content, or e-mails sent from or on behalf of Marketera are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Marketera, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Marketeral and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount greater than one pound or any amounts actually paid in cash by you to Marketera for the prior one month period before the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or failure of its essential purpose.

Severability

All rights and restrictions contained in this Agreement may be exercised. They shall be applicable and binding only to the extent that they do not violate applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. Suppose any provision or portion of this Agreement shall be held illegal, invalid, or unenforceable by a court of competent jurisdiction. In that case, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement concerning the subject matter hereof. All remaining provisions or portions shall remain in full force and effect.

Intellectual Property Rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity in or concerning any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will exist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Marketera or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Marketera. All trademarks, service marks, graphics, and logos connected with the Website and Services are trademarks or registered trademarks of Marketera or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Using the Website and Services grants you no right or licence to reproduce or otherwise use any Marketera or third-party trademarks.

Indemnification

You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Agreement to Arbitrate

This section applies to any dispute, except it does not include a dispute relating to claims for injunctive or equitable relief regarding the enforcement or validity of your or Marketera’s intellectual property rights. The term “dispute” means any dispute, action, or other controversy between you and Marketera concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of China without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of China. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in China, and you, at this moment, submit to the personal jurisdiction of such courts. Suppose you and Marketera do not resolve any dispute by informal negotiation. In that case, any other effort to resolve the dispute will be conducted exclusively by binding arbitration, as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the London Court of International Arbitration. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction as necessary to protect the party’s rights or property pending the completion of arbitration. The non-prevailing party shall bear any legal, accounting, and other costs, fees, and expenses incurred by the prevailing party.

Privacy

Suppose you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions. In that case, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Marketera without any compensation or credit to you whatsoever. Marketera and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Changes and Amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting an updated version of this Agreement on the Website. We will post a notification on the website’s main page when we do. Continued use of the Website and any such changes shall constitute your consent to such changes.

Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to access or use the Website and Services.

Disclaimer

Marketera Service and its contents are provided “as is” and “as available” without any warranty or representations, whether express or implied. Marketera is a distributor and not a publisher of the content supplied by third parties; as such, Marketera exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability, or currency of any information, content, service or merchandise provided through or accessible via the Marketera Service. Without limiting the foregoing, Marketera disclaims all warranties and representations in any content transmitted on or in connection with Marketera Service or on sites that may appear as links on the Marketera Service, or in the products provided as a part of, or otherwise in connection with, the Marketera Service, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No oral advice or written information given by Marketera or any affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Marketera does not warrant that the Marketera Service will be uninterrupted, uncorrupted, timely, or error-free.

Your Consent

We have updated our Terms and Conditions to provide complete transparency into what is being set when you visit our site and how it is used. By using our website, registering an account, or purchasing, you hereby consent to our Terms and Conditions.

Contact Marketera

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