Terms

 

Last updated: 6 May, 2016

These terms and conditions (“Agreement”) set forth the legally binding terms for your visit to and your use of our website at http://www.fabprosapp.com (the “Website”) and the software application provided by Fab Pros Limited (the “Fab Pros app”) as well as to all other information, recommendations and/or services provided to you on or through the Website or the Fab Pros app. By accessing this Website and/or by installing the Fab Pros app to your mobile device, you are accepting this Agreement (on behalf of yourself or the entity you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). If you do not accept this Agreement, you should not access the Website and/or uninstall the Fab Pros app from your mobile device. You may not access or use the Website and/or Fab Pros app or accept this Agreement if you are not at least 18 years old. You may however opt to reserve the Beauty Service(s) on behalf of individuals under 18 years of age only if you are the parent or legal guardian of such individuals.

Please read this Agreement carefully when viewing the Website and before downloading the Fab Pros app to your mobile device.

1. Definitions

Unless the context otherwise requires, each of the following expressions will, where used in this Agreement, have the meaning set out below:-

• “Agreement” is a reference to this Agreement, the Privacy Policy and any order form and payment instructions provided to you;

• “Privacy Policy” means the policy displayed on the Website or the Fab Pros app which details how your personal data is collected and stored;

• “you”, “your”, “yours” and “yourself” are references to you, being the person accessing the Website and/or making a reservation for the Beauty Services on the Fab Pros app or from any other channel provided by Fab Pros Limited (the “Company”);

• “we”, “us”, “our” and “Fab Pros Limited” are references to the Company; and

• “Participating Professional” is a third party independent contractor, which has agreed to co-operate with the Company to provide on-demand beauty and/or spa services.

2. The Company

Your contracting partner in relation to your use of the Fab Pros app is the Company, a limited liability company incorporated in accordance with the laws of Hong Kong whose registered office is located at Unit 905, 9/F, Kowloon Centre, 33 Ashley Road, Tsim Sha Tsui, Kowloon, Hong Kong and which is registered with Company Number 2291585.

3. Services Provided

The Fab Pros app provide means to enable you to obtain on-demand beauty and/or spa services (“Beauty Service(s)”) offered by Participating Professionals at any location in Hong Kong.

4. Accounts

4.1. Account Creation. In order to use certain features of the Fab Pros app, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form, which shall include your personal information, mobile telephone number and credit card details. By using the Fab Pros app, you are opting to enter into a contract with the Company (the “Contract”).

4.2. Account Responsibilities. You are responsible for maintaining the confidentiality for your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You further agree to be responsible for ensuring that you download the correct application for your mobile device. The Company shall not be liable if you do not have a compatible mobile device or if you download the wrong version of the Fab Pros app for your mobile device. The Company reserves the right to terminate the use of the Fab Pros app should you be using the Fab Pros app with an incompatible or unauthorized device.

4.3. Use of your Account. By downloading and using the Fab Pros app, you represent and warrant that:

(a) all required registration information you submit is truthful and accurate including information concerning your medical condition (e.g. skin allergies) and medical history;

(b) you will maintain the accuracy of such information;

(c) you will only download the Fab Pros app for your sole, personal use and will not sell them to a third party;

(d) you will not authorize others to use your Account;

(e) you will not assign or otherwise transfer your Account to any other person or legal entity;

(f) you will not use an account that is subject to any rights of a person other than yourself without appropriate authorization;

(g) you will not use the Website or the Fab Pros app for unlawful purposes, including but not limited to sending or storing any lawful material or for fraudulent purposes;

(h) you will not use the Website or the Fab Pros app to cause nuisance, annoyance or inconvenience;

(i) you will not impair the proper operation of the network;

(j) you will not try to harm the Website or the Fab Pros app in any way whatsoever;

(k) you will not copy, distribute and/or otherwise misuse the Website or the Fab Pros app without prior written permission from the Company;

(l) you will keep secure and confidential your Account password or any identification we provide to you which allows access to the Website or the Fab Pros app; and

(m) you are aware that when you choose to communicate with us by SMS (if applicable) standard messaging charges will apply. The Company reserves the right to terminate the use of the Fab Pros app should you not comply with any of the above rules.

5. Payment

5.1. Downloading the Fab Pros app. The downloading of the Fab Pros app is provided by the Company to you free of charge. The Company shall reserve the right to introduce a fee for the use of the Fab Pros app. Should the Company decide to introduce such a fee, the Company shall inform you accordingly and shall allow you to choose to either continue or terminate the Contract.

5.2. Ordering Beauty Services. You may purchase and book an appointment for Beauty Service(s) (“Beauty Service(s) appointment”) by following the directions set out on the Fab Pros app. Beauty Service(s) appointments may be booked between four (4) hours to fourteen (14) days in advance. The rates that apply for the Beauty Services provided by the Participating Professional can be found on the Fab Pros app and those rates will be applicable at the time of the booking. The Company reserves the right to modify or update these rates from time to time without notice. You confirm that you shall be responsible in remaining informed about the current rates for each of the Beauty Services.

5.3. Payment processor. The Company uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Fab Pros app. The processing of payments in connection with your use of the Fab Pros app will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms and Conditions. The Company shall not be responsible for any errors made by the Payment Processor. In connection with your use of the Fab Pros app, the Company will obtain certain transaction and personal details, which the Company shall use solely in accordance with the Privacy Policy.

5.4. Payment method. All payments shall be made to the Company in respect of the Beauty Services provided to you by the Participating Professional. You agree that you will pay for all the Beauty Services you purchase from the Participating Professional. Payment must be made once the Beauty Service(s) appointment has been completed. The Company will charge your credit card account (Visa or MasterCard) as provided by you once the Contractor provides and confirms the completion of the Beauty Service(s) that you have made a Beauty Service(s) appointment for. The Contractor shall not request for payment from you by cash or any other forms of credit. You are responsible for the timely payment of all fees and for providing the Company with a valid credit card account for payment of all fees at all times. If your credit card is determined to be expired, invalid or otherwise not able to be charged, you agree that the Company may, as the Payment Processor's limited payment collection agent, use a secondary payment method in your account, if available. Any amounts not paid when due will bear interest at the rate of two (2) percent (%) per month. If any fee cannot be charged to your credit card for any reason, we may provide you, via email or via SMS (if available), notice of such non-payment and a link for you to update your payment information.

5.5. Refund. Save for cancellations made in accordance with the cancellation policy set out in Clause 6 contained herein, payments are non-refundable and services provided are non-exchangeable once the Beauty Service(s) appointment has been completed, except at the absolute discretion of the Company.

6. Gifts, Referrals and Promotions

6.1. Gifting Credits. The Company, at its sole discretion, may permit the purchase of credits for the use and enjoyment of users (“Gift Credits”). The Gift Credits will be sent to the recipient’s email (the “Gift Recipient”) and may be redeemed by a user within sixty (60) days from the date the Gift Credits were purchased. The Gift Credits must be used for Beauty Service(s) only and cannot be transferred to third parties without the consent of the Company. The Gift Credits are not redeemable for cash and cannot be returned for a cash refund (except as required by law), exchanged or resold. The Company reserves the right to revoke or cancel credits at any time.

6.2. Referral Credits. The Company offers credits for referring new users to the Fab Pros app. To qualify for a referral credit, you must refer a new bona fide user who establishes an account with us, makes a Beauty Service(s) Appointment and attends the Beauty Service(s) Appointment. Referral credits are valid within ninety (90) days of issuance. Referral credits are issued only for referrals of brand new users to the Fab Pros app and are not available for referring previous users of the Fab Pros app. You may earn only one referral bonus per new user referred and you cannot earn a referral credit by referring yourself. The Company reserves the right to modify or update the amount of credits you receive for every successful referral from time to time without notice. The Company reserves the right to revoke or cancel referral credits at any time.

6.3. Promotional Codes. The Company may, at its sole discretion, create promotional codes that may be redeemed for credit in your Account, or other features or benefits related to the Beauty Service(s), subject to any additional terms that we establish on a per promotional code basis (the “Promo Codes”). Unless otherwise expressly stated in additional terms we establish for a particular Promo Code, Promo Codes may only be used once per person, multiple Promo Codes cannot be used in a single transaction or Beauty Service(s) Appointment, and each Promo Code benefit may only be redeemed once per account. Only Promo Codes sent to you through the Company’s official communications channels are valid. You further agree,

(i) to use Promo Codes only for their intended purpose and in a lawful manner,

(ii) you will not alter, duplicate, sell, transfer or redistribute Promo Codes in any manner (including but not limited to, posting Promo Codes to a website or other public form) without the Company’s express permission,

(iii) Promo Codes may be disabled by the Company at any time for any reason whatsoever without incurring liability;

(iv) Promo Codes may only be used pursuant to this Agreement and any specific additional terms that we establish for a Promo Code;

(v) Promo Codes have no cash value; and

(vi) Promo Codes may expire prior to your use.

6.4. Using credits for payment. Each credit code, regardless of it being Gift Credits, Referral Credits, or Promo Codes (“Credit Code”), may be used for payment of a Beauty Service(s) appointment. Only one Credit Code can be used for each booking. The Credit Code used, if any, must be selected at the time of booking the Beauty Service(s) appointment. Any outstanding charges for the cost of the relevant Beauty Service(s) appointment minus the value of the Credit Code used will be charged to your credit card. If the value of the Credit Code used is greater than the cost of the relevant Beauty Service(s) appointment, the remaining credit value will be returned to you. 

7. Cancellation Policy

7.1. You shall use all reasonable endeavours to ensure that you attend the Beauty Service(s) appointment you booked in a timely manner and must refrain, where possible, from cancelling any Beauty Service(s) appointment.

7.2. Penalty for late cancellation. Should you need to cancel a Beauty Service(s) Appointment, you must notify the Company forthwith through the Fab Pros app. Any Credit Code used for the booking of a Beauty Service(s) appointment will be returned to you but cannot be used to cover cancellation penalty fees. In order to avoid incurring a cancellation fee for cancelling a Beauty Service(s) appointment, you must inform the Company at least four (4) hours’ before the Beauty Service(s) appointment time. In the event that you fail to cancel your Beauty Service(s) appointment at least four (4) hours’ before your scheduled appointment time, you will be charged a late cancellation fee as follows:-

(a) if you notify the Company through the Fab Pros app of your intention to cancel a Beauty Service(s) appointment anytime between one (1) to four (4) hours before your scheduled Beauty Service(s) appointment time, the Company shall charge 50% of the total amount for the Beauty Service(s) that would have been provided if not for your cancellation to your credit card without further notification; and

(b) if you notify the Company through the Fab Pros app of your intention to cancel a Beauty Service(s) appointment less than one (1) hour before your scheduled Beauty Service(s) appointment time, the Company shall charge the total amount for the Beauty Service(s) that would have been provided if not for your cancellation to your credit card without further notification.

7.3. Unavailability of Participating Professional. If a Participating Professional that you have made a Beauty Service(s) appointment with is unavailable at the date and time you reserved for any reason whatsoever, you shall be informed by the Company through the Fab Pros app and email of the cancellation, no payment will be charged to your credit card, and any Credit Code used for the booking of a Beauty Service(s) appointment will be returned to you. In the event that a Participating Professional fails to cancel the Beauty Service(s) appointment at least eight (8) hours before the scheduled appointment time, you will be credited as follows:-

(a) if a Participating Professional notifies the Company through the Fab Pros app of his / her intention to cancel a Beauty Service(s) appointment anytime between four (4) to eight (8) hours before the scheduled appointment time, the company shall award you with 25% of the total amount for the Beauty Service(s) that would have been provided in the form of Gift Credits. The Gift Credits shall be valid for a period of ten (10) days from the date of issuance; and

(b) if a Participating Professional notifies the Company through the Fab Pros app of his / her intention to cancel a Beauty Service(s) appointment less than four (4) hours before the scheduled appointment time, the company shall award you with 50% of the total amount for the Beauty Service(s) that would have been provided in the form of Gift Credits. The Gift Credits shall be valid for a period of ten (10) days from the date of issuance.

7.4. Late arrival of Participating Professional. If a Participating Professional that you have made a Beauty Service(s) appointment with notifies the Company he / she is running fifteen (15) minutes late for the appointment through the Fab Pros app, you shall be notified by the Company through the Fab Pros app and email. If a Participating Professional that you have made a Beauty Service(s) appointment with notifies the Company he / she is running thirty (30) or more minutes late for the appointment through the Fab Pros app, you shall be notified by the Company through the Fab Pros app and email, and you will be credited as follows:

(a) the company shall award you with a HK$50 Gift Credit valid for a period of ten (10) days from the date of issuance; and

(b) should you choose to cancel the Beauty Service(s) appointment, no payment will be charged to your credit card, any Credit Code used for the booking of a Beauty Service(s) appointment will be returned to you, and the company shall award you with 50% of the total amount for the Beauty Service(s) that would have been provided in the form of Gift Credits. The Gift Credits shall be valid for a period of ten (10) days from the date of issuance

Any Beauty Service(s) appointment that begins beyond the scheduled appointment time, due to the late arrival from you or a Participating Professional, shall not extend beyond the duration of the Beauty Service(s) offered starting from the scheduled Beauty Service(s) appointment time.

7.5. Bad weather arrangement. If a black rainstorm warning signal and/or typhoon warning signal no. 8 or above is or remains in force less than four (4) hours before the Beauty Service(s) appointment time, the Beauty Service(s) appointment shall be deemed to be cancelled. No payment will be charged to your credit card, and any Credit Code used for the booking of the cancelled Beauty Service(s) appointment will be returned to you.

7.6 In any dispute regarding the cancellation time of a Beauty Service(s) appointment, the time recorded in system log data of the Fab Pros app will be used as the final arbiter.

8. User content

8.1. Definitions. For the purpose of this Clause and Clause 9 contained herein, the following definitions apply:-

• “Content” means all content featured or displayed, including but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Fab Pros app), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.

• “Company’s Content” means Content owned or used by the Company (including the Website and the Fab Pros app), its affiliates or licensors and made available through the Website and/or Fab Pros app, including any Content licensed from a third party but excluding User Content (defined below).

• “User” means a person who accesses or uses the Beauty Service(s) or the Services.

• “User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available via the Beauty Service(s).

• “Collective Content” means, collectively, Company’s Content and User Content.

8.2. Limited, non-exclusive and non-transferable license. Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive and non-transferable license:-

(a) to view, download and print any Company Content solely for your personal and non-commercial purposes;

(b) to view any User Content to which you are permitted access solely for your personal and non-commercial use;

(c) to access and use the Fab Pros app to book Beauty Service(s) Appointment(s); and

(d) to download, install and use the Fab Pros app on a each mobile device that you own or control solely for your personal and non-commercial use.

8.3. User Content. You will own your User Content with the understanding that you agree that we may use and reproduce the User Content you make available on our Fab Pros app. You hereby agree that you assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy as defined in Clause 8.5 below. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. We will not be in any way responsible for backing up any User Content and we reserve the right to delete the User Content at any time. You will solely be responsible for creating backup copies of your User Content if you desire. You grant us a world-wide, royalty-free, perpetual and irrevocable license to use or reproduce your User Content, without limited, in any format whatsoever.

8.4. Restrictions. You agree not to use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Beauty Service(s) or the Collective Content, except as expressly permitted by this Agreement. You may not reuse any Collective Content without first obtaining the written consent of the Company. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in this Agreement.

8.5. Acceptable Use Policy. You agree not to use the Beauty Service(s)or the Fab Pros app to collect, upload, transmit, display or distribute any User Content that

(i) violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

(ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, malicious falsehood (trade libel), pornographic, obscene, patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise objectionable;

(iii) is harmful to minors in any way; or

(iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party. You also agree not to introduce into the Website or the Company software, including the Fab Pros app, any viruses, worms, corrupted files, Trojan horses or other harmful or malicious code, files, scripts, programs, or any other similar code that may interrupt, limit or otherwise damage the operation of the Company. Should you in any way violate the Acceptable Use Policy or expose yourself to liability, you agree that you alone will be responsible for your User Content.

8.6. Enforcement. The Company reserves the right (but has no obligation) to review any User Content, investigate and/or take appropriate action against you if you violate the Acceptable Use Policy and/or any other provision contained in this Agreement and the Contract or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Account in accordance with Clause 15 contained herein and/or reporting you to the law enforcement authorities.

9. Intellectual Property

9.1. The Company’s Content is protected by local and international copyright, trademark and any other intellectual property laws. Your use of the Company’s Content does not grant to you any ownership of, or title to, any Company’s Content.

9.2. Nothing contained in this Agreement shall be construed as conferring any license or right to use any of the Company’s Content, including any logos, brand, product, proprietary graphic or trademark without the Company’s prior written consent. All rights are fully reserved and all moral rights are asserted and reserved.

9.3. The Company (and its licensors, where applicable) alone shall own all the rights, title and interest, including all related intellectual property, in and to the Services. In accordance with Clause 8.3, the Company shall have the right to use, reproduce, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise any suggestions, ideas, enhancement requests, feedback, recommendations or User Content provided by you or any other party relating to the Website, the Fab Pros app or the Beauty Service(s).

9.4. This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Website, the Fab Pros app, the Beauty Service(s), or any intellectual property rights owned by the Company. The Company’s name, logo and the product names associated with the Website, the Fab Pros app and the Beauty Service(s) are trademarks of the Company, its affiliated companies or third parties, and no right or license is granted to use them.

10. Information

10.1. Use of personal information. In order to facilitate the provision of safe Beauty Service(s), you hereby agree and authorize the Company to use and share the personal information that you may from time to time provide, including your medical history, with the Professionals.

10.2. Storing of personal information. You hereby authorize us to use, store or otherwise process the personal information in order to provide you with information, recommendations and/or services through the Website and/or the Fab Pros app, and for marketing (including direct marketing) and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time if we believe that the services offered by such third parties may be of interest to you or if it is otherwise required by law. More information can be found in our Privacy Policy.

10.3. Copies and opting out. Should you require a copy of the personal information or should you wish to opt out of providing your personal information to selected third parties (excluding situations where we are instructed by law to provide your personal information) for direct marketing purposes, you may contact the Company via email at hello@fabprosapp.com, via the Website or via the Fab Pros app. Should you wish to opt out of providing your personal information for direct marketing purposes (“Direct Marketing”), you may utilize the opt-out mechanism available within the Fab Pros app. This service is provided by the Company free of charge. Once the Company has been informed of your decision to opt out of Direct Marketing, your personal information will cease to be used for direct marketing purposes.

11. Third Party Interactions

11.1. During the use of the Website or the Fab Pros app, links to websites that are owned or controlled by third parties (including advertisements) may be provided from time to time in order to enter into correspondence with, purchase goods and/or services from, or participate in promotions of, third parties. These links that take you off the Website or the Fab Pros app are beyond the Company’s control (“Third Party Links”).

11.2. These Third Party Links are likely to have their own terms and conditions and privacy policies. The Company shall not be responsible and cannot be held liable for the content and activities of these Third Party Links, their respective websites or the terms and conditions relating thereto. You agree that your visit or access to these Third Party Links is entirely at your own risk.

11.3. The Company provides these Third Party Links only as a matter of convenience and do not, in any manner, review, approve, monitor, endorse, warrant or make any representations with regards to these Third Party Links.

11.4. Please note that the Third Party Links and their respective websites may send their own cookies to users, collect data and/or solicit personal information. The Company advises that you should make whatever investigation you feel necessary or appropriate before accessing, visiting and/or proceeding with any transaction in connection with such Third Party Links.

11.5. The Company reserves the right to work with advertising partners that may deliver advertisements to you on or off the Website and the Fab Pros app based on your activities within the Website and the Fab Pros app.

12. Complaints

12.1. Method of complaint. We endeavour to provide you with the best services available but are aware that there may be the rare occasion where you would like to complain about the Participating Professional and/or the Company. In the event that you have any complaints, you shall inform us via email to hello@fabprosapp.com. We take your complaints very seriously and aim to respond to your complaints as soon as possible.

12.2. Feedback. If you provide us with any feedback and/or suggestions regarding the Beauty Services, the Participating Professional, the Website and/or the Fab Pros app (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we will have the right to use such Feedback and any related information in any manner we deem appropriate. All Feedback is provided on an anonymous basis and as such, we will treat any Feedback you provide to us as confidential. You hereby agree that you will not submit to us any information or ideas that you consider to be proprietary.

13. Indemnity

13.1. By accepting this Agreement, using the Website, the Fab Pros app and/or the Beauty Services, you agree that you shall indemnify, defend and hold harmless the Company, individually or collectively, and the trustees, officers, agents, servants and employees of the Company, from any and all such losses, costs and expenses (including reasonable fees and legal costs and, fees of other professionals), damages (including loss of use), judgments, demands and claims, and shall defend any suit or action brought against them, or any of them, arising out of or in connection with:-

(a) your violation or breach of this Agreement, any applicable law or regulation, whether or not referenced herein;

(b) your violation of any rights of any third party, including Participating Professionals arranged through the Website or the Fab Pros app; or

(c) your use or misuse of the Website, the Fab Pros app or the Beauty Service(s).

13.2. The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You also agree not to settle any matter without our prior written consent. The Company shall use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

14. Limitation of liability

14.1. Whilst the Company has taken all reasonable steps to prevent internet fraud and ensure that any data collected from you is stored in a secure and safe manner, the Company cannot be held liable in the extremely unlikely event of a breach in the Company’s secure computer servers or those of third parties.

14.2. You acknowledge that any reliance on or use of the Website and the Fab Pros app is at your sole risk. You further acknowledge that such information or materials may contain inaccuracies or errors. You alone are responsible for ensuring that any materials, products, service or information made available through the Website and the Fab Pros app meet your specific requirement.

14.3. The Company and our Participating Professionals shall not be liable for any loss or damages however caused (including any direct, indirect, punitive, incidental, consequential or special damages including loss of profits, loss of opportunity, loss of data or business interruption) resulting from:- (a) the use of (or inability to use) the Website and/or the Fab Pros app, including but not limited to, damages caused by malware, viruses or any incorrectness or incompleteness of information on the Website and/or the Fab Pros app, unless such damage is the result of any willful misconduct or gross negligence on the part of the Company; or (b) the use of (or the inability to use) electronic means of communication within the Website and/or the Fab Pros app, including but not limited to, loss or damage resulting from the failure or delay in delivering electronic communications, interception or manipulation of electronic communications by third parties or by computer programmes used for electronic communications and transmission of viruses.

14.4. To the fullest extent permitted by law, neither the Company nor its employees, staff, agents or licensors (the “Related Parties”) make any express or implied warranties, representations or guarantees whatsoever regarding the Website and/or the Fab Pros app. Neither the Company nor its Related Parties make any warranty or representation as to the accuracy, reliability, timeliness, performance, completeness or suitability of the information or materials found or offered through the Website or the Fab Pros app. The Website and the Fab Pros app are provided on an “as is”, “where is”, “where available” and “as available” basis.

14.5. Without prejudice to the foregoing, and insofar as is allowed under the applicable law, the Company’s aggregate liability to you shall in no event exceed an amount of HK$500 or, where applicable, the equivalent of that amount in the currency used by you for the payment for the Beauty Service(s) provided to you by the Participating Professional, whichever is the lesser, for every calendar year.

14.6. The quality of the Beauty Service(s) acquired through the use of the Fab Pros app is entirely the responsibility of the Participating Professional and access to the use of the Beauty Service(s) is at your own discretion and risk. Whilst we use all reasonable endeavour to ensure that the Participating Professionals are adequately qualified, trained and experienced for the Beauty Service that they provide, we cannot accept any liability in connection with and/or arising from the Beauty Service(s) provided by the Participating Professional or any acts, actions, behaviour, conduct and/or negligence on the part of the Participating Professional and/or its employees. Furthermore, the Company does not warrant that any Beauty Service provided by a Participating Professional will be to your satisfaction and shall not be liable for any damage a Participating Professional may cause while onsite at your home, office or any other location you elected for your Beauty Service.

14.7. As the recipient of Beauty Service(s), you agree to assume certain responsibilities. When you purchase Beauty Service(s), you agree to comply with any rules or requirements applicable to the Beauty Service(s) purchased and that you are made aware of, including but not limited to any part of any confirmation email (the “Requirements”). Whether or not there are Requirements, you agree to,

(i) create in your home (or other space where the Participating Professional are invited to perform the Beauty Service(s)) a safe, clean and reasonably comfortable workspace that is free of conditions that would make it difficult and/or dangerous for the Participating Professional to perform the Beauty Service(s) (as determined in each of the Participating Professional's sole discretion),

(ii) provide a workspace that has access to any facilities that may be required for the performance of the Beauty Service(s), including but not limited to an electrical outlet or bathroom facilities (if applicable), and

(iii) refrain, and cause other individuals present at the Beauty Service(s) Appointment, from any speech, conduct, or personal displays that a reasonable person would find offensive, intimidating, hostile, harassing, indecent or abusive whilst the Participating Professional is present. If you have or are in custody of any pets, you agree to confine all of your pets to a room where the Participating Professional will not be working. If you have a child or children under the age of sixteen (16), you agree that childcare (provided by someone other than yourself and the Participating Professional) will be present. This is important as the Participating Professional may have equipment that can injure your child. Any incident that occurs as a result of your failure to adhere to the terms contained in this Clause 14.7 shall not be the responsibility of the Participating Professional or the Company. The Company reserves the right to terminate or refuse the provision of Beauty Service(s) to anyone at any time in the event that you do not comply with the terms contained in this Clause 14.7.

14.8. Some jurisdictions limit (or do not allow) the disclaimer of implied or other warranties, so that above exclusion(s) may not apply to you. No statement in this Agreement or on the Website or the Fab Pros app shall be deemed to affect your statutory rights which cannot be excluded or restricted by law.

15. Term and Termination

15.1. Subject to the terms contained in this section, this Agreement and the Contract shall remain in full force and effect for an indefinite period of time.

15.2. Termination by you. You are entitled to terminate this Agreement, and the Contract at any time by permanently deleting the Fab Pros app installed on your smart phone, thus disabling the use of the Fab Pros app and the Beauty Service(s). Please email us at hello@fabprosapp.com if you wish to close your account.

15.3. Termination by the Company. The Company is entitled to suspend and/or terminate your rights to use the Fab Pros app and/or the Beauty Service(s) (including your Account) at any time for any reason at our sole discretion , including for any use of the Website, the Fab Pros app and/or the Beauty Services in violation of this Agreement and the Contract. Upon termination of this Agreement, your Account and your right to access and use the Fab Pros app and/or the Beauty Service(s) will be terminated with immediate effect (by disabling your use of the Fab Pros app and the Beauty Service(s)). You understand that termination of your Account involves the deletion of your User Content associated therewith from our live databases. We shall not be liable in any manner whatsoever for the termination of this Agreement and the Contract including for the termination of your Account or the deletion of your User Content. The Company is not obliged to give you notice of such termination in advance.

15.4. Effect of termination. Upon termination of this Agreement and the Contract, all the provisions shall be terminated except those that by their nature should survive. All the personal information you provided for the use of the the Fab Pros app and the Beauty Service(s) shall be maintained for a period of twelve (12) months’ after the termination of this Agreement, the Contract and your Account.

16. General

16.1. Applicable law. This Agreement and Contract (and all non-contractual obligations arising out of or connected to them) are governed by the laws of Hong Kong and the both we and you irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong in respect of the interpretation hereof and any dispute arising from any matter arising in this Agreement and Contract.

16.2. Notice. The Company may give notice by means of a general notice on the Website and/or the Fab Pros app, via email to an email address previously supplied by you, via SMS to a mobile phone number previously supplied by you or via written communication via regular post to an address previously supplied by you.

16.3. Modification. The Company reserves the right to modify or replace any of this Agreement or change, suspend or discontinue any Beauty Service, the Website or the Fab Pros app (including without limitation, the availability of any feature, database or content) at any time by posting and/or sending you a notice via the Website, the Fab Pros app or via email. This right is at the Company’s sole discretion. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Fab Pros app without notice of liability. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, change, replacement or discontinuance of the Beauty Service(s) , the Website or the Fab Pros app or any part thereof, except and if otherwise expressly set forth in Clause 15.

16.4. Force Majeure. If the Company is prevented or delayed (directly or indirectly) from providing the Website and/or the Fab Pros app or any part thereof or from otherwise performing this Agreement or any part thereof by reason of act(s) of God, war, embargo, riot(s), strike(s), lock-out(s), trade dispute(s), fire(s), break-down, inclement weather, interruption of transport, Government action, delay to the Company of any goods or materials or services or by any cause whatsoever (whether or not of like nature to those specified above) outside its control, the Company shall be under no liability whatsoever to you and shall be entitled at its option (to be notified in writing to you) either to cancel the booking(s) or without any liability to extend the time or times for providing the Fab Pros app by a period equivalent to that during which such performance has been prevented by any of the restrictions herein before referred to.

16.5. Severability. If any provision of this Agreement shall be found by any court of competent jurisdiction to be invalid or unenforceable as being in restraint of trade or against public policy or for any other reason whatsoever, the invalidity or unenforceability of such provision shall not affect the other provisions in this Agreement which shall remain in full force and effect.

16.6. Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Website and the Fab Pros app. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void. The terms of this Agreement will be binding upon assignees.

16.7. A Chinese version of this Agreement is available on the Website and the Fab Pros app for reference purposes only. In the event of any conflict between our English and Chinese version of this Agreement, the English version shall prevail.