Terms and Conditions

Terms and Conditions for E'via's Services

Preamble

E’via is an integrated AI-powered customer service solution developed, offered, operated and provided by the Supplier. Almost real time artificial intelligence response could be generated through E’via in accordance with the preference and specification designated by the Customer to its potential clients and buyers with a view to enhance or procure the sale of the goods or services of the Customer.

Customer who subscribes for the specific E’via service is to contract with EATL on the following terms and conditions.

1. Subscription and Contract

1.1 Customer who applies (on line or through other means as EATL may designate from time to time) to EATL for subscription of the Service agrees to contract with EATL on these T&C, and subject to such changes and modifications EATL may hereafter implement in accordance with the T&C.

1.2 A contract incorporating the T&C shall be deemed to have been entered between EATL and the Customer when the subscription of the Service is confirmed to the satisfaction of EATL.

1.3 Subscription shall not become effective unless and until all the required payments has been fully paid by the Customer in the manner specified by EATL and all information and data required by EATL has been supplied or provided by the Customer in the way and by the means specified by EATL.

1.4 If and where deemed necessary, EATL may request the Customer to sign hard copy paper contract in writing to affirm the T&C and the contract.

2. Payment

2.1 Payments shall be made in full without deduction and withholding and in accordance with the means and manners specified in specifications of the Services published by EATL.

2.2 If the payment EATL has received shall be less than the amount it specified by reason of deduction, withholding or any form of levy or charge on the amount tendered by the Customer, EATL may suspend the Service and be released from further performance of its responsibilities until the shortfall is paid to EATL. In that event, EATL is not obliged to make any extension to the duration of the Service corresponding to the period during which the Service has been so suspended. 

3. Service and Scope 

3.1 EATL is an authorized dealer of the Supplier in respect of the Service.

3.2 Subscription of the Service shall operate as an engagement of EATL by the Customer for EATL, acting as the agent of the Customer, to acquire the Service from the Supplier for the benefit of the Customer.

[3.3 In the event the Supplier shall fails its duty, EATL shall account to the Customer the relevant compensation the Supplier is obliged to pay and pays under the law of the jurisdiction at which the Service is operated.]

[3.4 Without prejudice to the foregoing Clauses 3.1 to 3.3, EATL will provide preliminary assessment and inquiries of the services and support required by the Customer, and will decline the subscription if EATL has reason to believe the requirements of the Customer will substantially not be satisfied. 

3.5 The descriptions and particulars of the Service provided by EATL to the Customer shall be deemed as having been incorporated into the T&C to set out the scope of the Services but subject to the other terms of the T&C.

3.6 The Customer acknowledges that the Service and the related AI operation has its limits. It is still necessary for the Customer to recruit necessary personnel to monitor the conversations provided to its potential clients and buyers and to step in to procure and conclude the potential sales. 

4. Amendments and Modifications 

4.1 EATL is entitled to amend and modify the T&C from time to time at its discretion by publishing the proposed changes and the effective day at its website. The Customer shall be conclusively deemed to have accepted such change if the Customer continue to use and enjoy the Service after the specified effective day.

4.2 Notwithstanding the aforesaid Clause, no change or modification with retrospective effect shall be made under Clause 4.1.

5. Expiry and Cancellation

5.1 The Service shall end and terminated after the related subscription expires or early terminated in accordance with these T&C. The data generated for the Service subscribed for the Customer will be deleted automatically after such expiry or termination, unless the subscription of the Service shall be renewed no less than 30 days before expiry.

5.2 The Service will be cancelled or early terminated if any payment is overdue and not fully remedied after demand made by EATL to the Customer.

5.3 The Service will also be cancelled or early terminated if in the reasonable opinion of EATL the Service has been or will be employed for unlawful or immoral objective, to commit or incite a criminal offence, or may jeopardize national security.

5.4 When the Service is cancelled or terminated under Clause 5.2 or Clause 5.3, all advance payment received by EATL will be forfeited and will not be refunded to the Customer. 

6. Confidentiality and Personal Data 

6.1 EATL will not safe keep and store the confidential information and personal privacy data (if any) of the Customer or any third parties provided by the Customer.

6.2 All such information and data will be forward to the Supplier and be kept in accordance with the data privacy guideline published by the Supplier from time to time. A copy or a hyperlink will be provided by EATL to the Customer upon request.

6.3 The Customer hereby acknowledges and confirms EATL and the Supplier that the Customer authorizes (for data of itself) and has been authorized by each of the relevant parties and persons (for data of other parties) to entrust such data to EATL and the Supplier, and also that such data may be transferred out of the jurisdiction of Hong Kong if and when the Supplier may operate the Service outside Hong Kong.

6.4 The Customer acknowledges it is aware that such data (when converted into form which would no longer identify the parties concerned), would be converted for the continuous use by the E’via for improving and training its AI capacity and ability, and the Customer specifically consents to that.

6.5 The Customer should fully indemnify EATL and the Supplier and also their respective officers and personnel for any claim brought against them as a result of any breach of Clause 6.3 or Clause 6.4 by the Customer. 

7. Copyrights and Intellectual Property Rights

7.1 The Customer acknowledges its subscription of the Service will not entitle the Customer to any right or entitlement to any copyrights or other intellectual property right resulted from the subscribed Service or of E’via and related software and programs.

7.2 In case notwithstanding the aforesaid Clause 7.1 there is any rights and entitlements are to vest with the Customer by operation of law, the Customer shall unconditionally assign, to the extent permitted at law, all such right to the Supplier or as directed by EATL. 

8. Governing laws

These T&C, the contract and all related affairs and disputes between EATL and the Customer shall be governed by the laws of Hong Kong, and they submit to the non-exclusive jurisdiction of the Hong Kong courts.

Save and as specifically stipulated in Clauses 6.5 and 7.2, no parties other than the Customer and EATL shall have any right under the Contracts (Rights of Third Parties) Ordinance (Cap 623 of the Laws of Hong Kong) to enforce or enjoy the benefit of any provision of the T&C and the contract between EATL and the Customer.

In the event of any discrepancy or inconsistency between the English version and the Chinese version of these T&C, the English version shall prevail.

9. Definitions

9.1 In the T&C, the following words and expressions shall have the corresponding specific meanings when used in the Terms and Conditions – 

“EATL” shall mean E’via AI Technology Limited, a company incorporated in Hong Kong and an authorized dealer of the Service.

“Customer” shall mean a party who has subscribed for or has agreed to subscribe for any Service through EATL. In the event the Customer is a partnership, each and every partner shall be jointly and severally responsible for the performance of the T&C.

“Hong Kong” shall mean the Hong Kong Special Administrative Region of the People’s Republic of China.

“Service” shall means any for the packages of E’via services or tailor-made E’via services operated and provided by the Supplier and offered through EATL to the Customer, and where applicable, subscribed by the Customer.

“Supplier” shall means Allied Era Limited, a company incorporated in Hong Kong and/or its associate company or companies who is/are the developer and operator of E’via and providing the Service.

“T&C” shall mean these terms and conditions and, where applicable, as modified and amended by EATL from time to time hereafter. 

9.2 In these T&C, 

(a) words importing the plural include the singular and vice versa;

(b) words importing a gender include every gender;

(c) unless the context requires otherwise, references to statutory provisions shall be construed as references to those provisions as replaced, amended, modified or re-enacted from time to time; 

(d) references to these T&C or the T&C shall be construed as references to the T&C as the same may be amended or modified from time to time hereafter; 

(e) unless otherwise stated, references to Sections and Clauses are to sections and clauses of these T&C; and

(f) Section or clause headings are inserted for reference only and shall be ignored in construing the T&C.

Privacy policy disclaimer 

• We take personal privacy seriously and are committed to safeguard the privacy of our customers in accordance with the Personal Data (Privacy) Ordinance, Chapter 486, Laws of Hong Kong. We will only collect and handle your personal data when it is necessary and desirable to enhance your experience when using our services and offers in the way and to the extent as outlined below.

• We see it as an important task to safeguard and protect your personal data. We will only collect information where it is necessary to do so and if it is relevant to our dealings with you.

• We will only keep your personal data no longer than either permitted at law, or only for so long as is relevant and necessary for the purposes for which it was collected.

• You can visit the Site and browse without having to provide your personal data. During your visit to the Site you will remain anonymous and at no time can we identify you. You may not, however, use or access some of our services and offers unless you have chosen to open an account on the Site and to log-in with your user name and passwords.

• If you have any comments or suggestions, and/or would like to update your information, you may advise us at myeviahk@gmail.com.

• This Personal Data and Privacy Statement (“Statement”) sets out when we will collect personal data, and how and what we will keep, handle and protect your personal data.

Personal Information Collection and Purposes

1.1 When you create an account at the Site, process and/or subscribe for any of the services and goods we offer, provide or make available to you, or make any suggestion, request or complaint to us, you may be required to provide your personal information and to be identified.

1.2 The personal information we collect may include your name, title, gender, nationality, occupation, birthday information, phone number, corresponding and/or delivery address, email address, identification documents.

1.3 The personal information we collect from you will be used in some or all of the following ways:

• To deliver the services or goods you ordered from or through us.

• To update you on the processing progress and status of services or goods you ordered, delivery of the service or good, and for customer service or support and customer survey purposes.

• To provide you with relevant product or service information.

• To process your orders and to provide you with the services and information offered through our Site and which you request.

• To administer the Site and your account with us, including to verify and to carry out financial transactions in relation to payments you make online.

• To send you information which you have requested for, or by means of direct marketing information we think you may find useful, including information about our services or offers (subject to your right from time to time to opt for not to be contacted for such purpose, or to unsubscribe or exclude all or certain types of promotions or marketing information).

1.4 In order to make delivery of the goods or services you ordered, some of your personal data (only on needed-to situation) may be passed or disclosed to a third party. For instance, your name and address may be required by the courier service provider or a supplier making direct delivery to you.

1.5 Details of orders you placed may be stored with us. For security reasons, not all the information and details of your orders can be retrieved directly by us. However, you may access the information by logging into your account on the Site. By logging-in onto the Site or your account, you can view the details of your orders and their status (being processed, pending confirmation or confirmed, rejected, delivery in transit, or completed, etc.), and administer your address details, bank details and any newsletter to which you may have subscribed.

1.6 The information you provide may also be used to audit the downloading of data from the Site, to improve the layout and/or content of the pages of the Site and customise them for the users, to identify visitors to the Site, and to carry out research on our users’ demographics.

Accuracy and Updating Your Personal Data

2.1 You can update your information anytime by accessing your account on the Site.

2.2 We rely on the information and personal data you provided from time to time being accurate in dealing with you and in particular in handling and processing your account and your orders and requests.

2.3 You must keep confidential your personal access data (including passwords) for operating your account. Orders and activities conducted through your account and authenticated by your access data would be treated as yours irrespective of whether it is actually conducted by you personally. We will not assume any liability for misuse of your account by unauthorized third parties unless the misuse is solely caused by our own fault or omission.

Use and Disclosure of Personal Information

3.1 The personal data we are to collect and update from time to time will only be used and applied by the Group in compliance with the mandatory restrictions imposed by the Ordinance and in the ways and manners, and for the purposes stated in this Statement, which you could and should have read before you agree to, or renew your consent to us from time to time.

3.2 We may be obliged or compelled at law to disclose personal information in some scenarios. In exceptional circumstances we may also be compelled or required to disclose personal information, such as when there are grounds to believe that the disclosure is reasonable or necessary to prevent a threat to life, health, national security, for facilitating law enforcement, or in legal and similar contentious proceedings in which we are a party.

3.3 We will not sell, divulge or share your information with any other parties, organisations and entities, other than with the consent you give.

3.4 We may apply and share information you provided for analysis, study and application and other use only after your information has been so extracted, processed, aggregated, kept and mixed with other information or information of other persons and in such way that the information could no longer be retrieved to identify you, in order to better understand the needs of you and other customers or (where applicable) other E’VIA customers  and to carry out researches and investigations to improve and adapt the Site and the services and offers.

Security of Your Personal Data

4.1 We will take reasonable care to ensure that all information collected from you will be safely and securely stored, and be applied in the ways and for purposes stated and agreed by you.

4.2 In particular, we protect your personal data by –

• Restricting unauthorized access.

• Adopting and maintaining technology security products and controls to prevent unauthorized, malicious or accidental access.

• Securely destroying your personal data when it should no longer be kept.

4.3 Your personal data will only be retained for as long as is necessary to fulfill the purpose for which it was collected, or as for so long as permitted under the Ordinance.

Changes to the terms

5.1 We will publish this Statement at the Site and will update changes and modifications thereto from time to time to ensure you could tell what kind of personal information may be collected, held and used by us and our policies and practice on how to handle personal information.

5.2 The terms of this Statement may be modified and amended from time to time as and when we see it desirable or necessary at our sole discretion. Amendments and changes will be published on the Site. For significant and material changes and amendments to this Statement, we will also notify and remind you by posting a prominent announcement on the website, so that you could browse and read the amended Statement.

5.3 You will be deemed to have elected to agree such changes and amendments when you choose to log-in the Site and to continue to access or handle the services and offers.

5.4 The Site may contain links to websites operated by third parties. We have no control over the personal data protection and policy offered by such other website, and you should review and understand the relevant personal data policy when you choose to continue to visit such websites.

Access and complaints about breaches of privacy

6.1 You have the right to know our personal data privacy policy, whether we hold your personal data, the kind of personal we hold. You also have the right to update and correct your personal data held by us and to terminate the consents you have given to us for use of your personal data.

6.2 If you believe your privacy has been breached by us, or are not satisfied with the way in which we handle your enquiry or complaint, please do not hesitate to let us know and contact us at myeviahk@gmail.com or mail to our [Customer Service (Privacy) Officer] at Unit 3008, 30/F, Soundwill Plaza, 38 Causeway Bay, Hong Kong] and we will attend to and resolve the issue as soon as reasonable practicable in the circumstances.

6.3 You may make use of the prescribed Data Access Request Form (OPS003) to make data requests pursuant to the Ordinance. A reasonable fee may be payable by you to account for our direct costs for complying with the requests.

Definitions

In this Statement, the following words and expressions have the respective defined meanings –

“Group”:

shall mean our ultimate holding company E’VIA Technologies Limited  and its subsidiary and associate companies, and shall include such other entities which may from time to time joining effort with us and/or any member the Group (including on ad hoc basis for supplying particular services or goods and/or for a specific provision) to offer and promote any services or goods.

“Ordinance”:

shall mean the Personal Data (Privacy) Ordinance, Cap. 486, Laws of Hong Kong Special Administrative Region, and shall include any amendments made thereto from time to time, and also any statutory enactments which may hereafter come into operation in lieu of or in addition to that Ordinance.

“personal data”:

shall mean a piece of data of and relating to a living individual, or certain pieces of data of and relating to that individual, when being read together will identify that individual, and subject to any extended or modified meanings as may be imposed by the Ordinance from time to time, and reference to “personal information” shall mean information of and relating to a particular individual and which may include personal data.

“services and offers” or “services or offers”:

shall mean all types or services, goods, products or transactions now or hereafter we may make available or offer to you including (i) online purchase, subscription, modification or cancellation of goods, products or services, (ii) renewing or acclaiming privileges offered by or made available to you through E’VIA Technologies Limited  or the Site, (iii) access to information of and relating to buildings, properties or facilities managed by the Group made available to you as owner and/or occupier and a registered user of the Site, (iv) access to information of and relating to storage facilities undertaken or operated by the Group and made available exclusively for the registered users of the Site, (v) access to information of and relating to real properties available for letting or sale, or intended to be leased and/or sold by the Group, (vi) participating in or joining in or becoming a patron in any charitable, social, or environmental events or promotions introduced or supported by the Group.

“Site”:

shall mean all or any one or more of the website(s), webpage(s) and mobile app(s) provided by or maintained for E’VIA Technologies Limited for the access by the general public or its customers, and also (unless you have elected not to be a E’VIA Technologies Limited customers  and not to be introduced and offered all the services of E’via webpage(s) and mobile app(s) provided by and/or maintained for E’VIA Technologies Limited.

“myevia.io online platform”

shall mean and refer to the scheme undertaken by E’VIA Technologies Limited  and/or any other members of the Group when the Group may from time to time introduce, offer or make available such services and goods to all or selected customers or persons registered or enrolled in, and be recognized as members of that scheme through inter alia on-line platform and mobile application(s) under the name “E’via ”, and “myevia.io ” shall be construed accordingly.

“we”

shall mean E’VIA Technologies Limited (unless you have elected not to be enrolled for the service and offers of E’via), and the words “our” and “us” shall be construed accordingly.

“you”:

shall include each individual who is a purchaser or customer, and shall where that purchaser or customer is a legal entity, also include its directors and shareholders (or individuals in an equivalent capacity); and the references to “your personal data” shall (where necessary) include the personal data of each of these individuals.