Terms

Terms of Use

Welcome to the Little Monkey website and mobile application (hereinafter referred to as the “Platform”). This Platform is provided solely to the community for the searching of child-friendly facilities, posting opinions and sharing of experiences by users of these facilities, and for no other purposes. The terms “we”, “us”, “our” and “Little Monkey” refer to Little Monkey Limited. The term “you” refers to the user visiting or contributing content to the website or through the mobile application.

This Platform is offered to you conditioned upon your acceptance of the Privacy Policy and without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Platform in any manner, you agree to be bound by the Agreement, and represent that you have read and understood its terms and conditions which are set out below. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions you are not authorized to use this website or mobile application. 

We may change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our website. Be sure to return to this page periodically to review the most current version of the Agreement.

PRIVACY POLICY

Little Monkey believes in protecting your privacy. Any personal information you provide to us will be used in accordance with our Privacy Policy. Click here to view our Privacy Policy.

GENERAL TERMS

As a condition of your use of the Platform, you warrant that you at least 18 years of age and you possess the legal authority to enter into this Agreement.  We retain the right at our sole discretion to deny access to anyone to the Platform at any time and for any reason, including, but not limited to, for violation of this Agreement.

The content and information on the Platform (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Platform.

At Little Monkey, we are very happy to receive your comments, reviews and photos of any child-friendly facility in Hong Kong. Please be aware that by submitting any content to us, including any reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Content”), you waive your moral rights in any Content you submit to the website or through the mobile application.  You acknowledge and agree that Content submitted are non-confidential and non-proprietary.  In doing so, you also agree that you are granting us (and our affiliates) a worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such Content in whole or in part in any manner, throughout the world in any media, now known or hereafter devised, for any purpose, and without seeking further permission from you or any requirement to pay you or attribute to you.

By submitting Content to us, you expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Platform any of the following:

1. Any message, information, photos, graphics, or any other material that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
3. Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local or international law, including, without limitation, the regulations of Hong Kong;
4. Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
5. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
6. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Little Monkey;
7. Unsolicited promotions, mass mailings or "spamming", transmission of "junk mail", "chain letters", political campaigning, advertising, contests, raffles, or solicitations;
8. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, identification numbers and credit card numbers;

Although Little Monkey has no obligation to screen, edit or monitor any of the content posted, we reserve the right, and has absolute discretion, to remove, screen, translate or edit without notice, any content posted or stored on the Platform at any time and for any reason, or to have such actions performed by third parties on its behalf, in the sole judgment of Little Monkey, if any Content violates the previous subsections herein, or which may expose Little Monkey or its members to any harm or liability of any type.  We also reserve the right to monitor the Content submitted by you and remove or suspend your membership immediately and without notice if any of the above provisions are breached.

Little Monkey takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage. Little Monkey is also not liable for any statements or representations made by its members. You further grant Little Monkey the right to pursue at law any person or entity that violates your or Little Monkey’s rights in the Content by a breach of this Agreement.

LIABILITY DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS LITTLE MONKEY’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE PLATFORM. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE OR MOBILE APPLICATION.

YOU ACKNOWLEDGE THAT YOU ARE USING THE PLATFORM AT YOUR OWN RISK. THE WEBSITE AND MOBILE APPLICATION ARE PROVIDED “AS IS”, WE, OUR AFFILIATES AND THIRD PARTIES HEREBY EXPRESSLY DISCLAIM ANY AND ALL, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED HEREIN OR PROVIDED BY THE WEBSITE OR MOBILE APPLICATION. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE OR MOBILE APPLICATION WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSION OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE OR MOBILE APPLICATION.

WE, OUR AFFILIATES AND THIRD PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE WEBSITE OR MOBILE APPLICATION, INCLUDING ANY EVENTS DIRECTLY ORGANISED BY US, THE PROVIDING OF THE WEBSITE AND MOBILE APPLICATION HEREUNDER, OUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE OR MOBILE APPLICATION, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE AND MOBILE APPLICATION, YOUR USE OF OR RELIANCE ON THE WEBSITE AND MOBILE APPLICATION OR ANY OF THE INFORMATION OR CONTENT AND MATERIAL AVAILABLE ON THE WEBSITE AND MOBILE APPLICATION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY AGREE TO RELEASE US, OUR AFFILIATES AND THIRD PARTIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE AND MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO YOUR INVOLVEMENT OF EVENTS DIRECTLY ORGANISED BY US AND CONNECTED WITH THIS WEBSITE OR MOBILE APPLICATION.

INDEMNIFICATION

You agree to defend and indemnify Little Monkey and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

(i) your breach of this Agreement or the documents referenced herein;

(ii) your violation of any law or the rights of a third party; or

(iii) your use of this website or mobile application.

LINKS TO THIRD-PARTY SITES

This Platform may contain hyperlinks to websites operated by parties other than Little Monkey. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Platform or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

SEVERABILITY

The provisions of the Agreement shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event any provision of the Agreement is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of the Agreement shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of the Agreement one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.

GOVERNING LAW AND DISPUTE RESOLUTION

The Agreement and any dispute or matter arising from or incidental to the use of the Platform shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (hereinafter referred to as "Hong Kong"), unless otherwise specified.

Any dispute, controversy or claim arising out of or relating to the Agreement including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the Hong Kong International Arbitration Centre (hereinafter referred to as "HKIAC") Arbitration Rules as at present in force and as may be amended by the rest of this Clause:

The appointing authority shall be HKIAC; and the place of arbitration shall be in Hong Kong at HKIAC; or alternatively, an appointing authority at any such arbitral body may be appointed by Little Monkey at its sole and absolute discretion in any country which it considers as fit and appropriate. Any members(s) who are in dispute acknowledge(s) and agree(s) that the choice of appointing authority, the choice of the arbitral body and the place of arbitration nominated by Little Monkey shall be final and conclusive.

There shall be only one arbitrator.

The language to be used in the arbitral proceedings shall be English.

In the event of any breach of the Agreement by any one party, the other party shall be entitled to remedies in law and equity as determined by arbitration.

INCONSISTENCY

Should there be any inconsistency between the English version and any version in other language, the English version shall always prevail.

ENQUIRY

For any enquiry, please contact us at [email protected]