Updated: 01/02/2022

General

1. Welcome to Momenday, your one-stop entertainment platform, powered by us, Momenday Technology Limited.

2. These Terms of Use (“Agreement”) shall become immediately applicable when you use our services through our website and/or our mobile application (collectively, “Channels”, and each a “Channel”). You are reminded to read the Agreement carefully before using our services and registering your account (“Your Account”).

3. By accessing and using our services, you have agreed that you have read through, understood and agreed to be bound by the terms of the Agreement. While we intend to keep the Agreement as simple and consistent as it can be, we reserve our rights to amend, update and supplement the Agreement and issue policies and procedures etc. from time to time. You further agree that by continuing to access and use our services after any publication of such amendments, updates and supplements, and policies and procedures, you have understood and agreed to be bound by them. The latest version of the Agreement and its supplements is available on our Channels.

4. We are happy to handle enquiries from you. Just send us an email at info@momenday.com and we will respond to you as soon as we can. There may be some delays if we handle too many enquiries at the same time but we can assure you that we will try our very best to give you constructive feedback.

Privacy

5. Your privacy is always our primary concern. Our privacy policy (“Privacy Policy”) is set out separately here. Please read the Privacy Policy carefully as this may affect your use of our services.

6. For privacy issues, please contact our data protection officer at info@momenday.com We commit to reply to your emails within 10 days from the date of receipt of the same.

Our services

7. By using our services, you can be connected to merchants who have been striving for their business success by offering high quality goods and services to consumers like you. Our role is to provide an easy-to-use, efficient and reliable platform so that you can get connected to a merchant who can offer goods and services you need.

8. To summarize, our services include technological services to:

1. provide you with information about respective merchants and their goods and services;

2. connect you with merchants that offer the goods and services you want; and

3. allow you to make inquiries directly to the merchants about the goods and services you are interested in.

9. You acknowledge and agree that we do not provide any services other than those stipulated above. In particular, you are entering into a sale and purchase agreement with the merchants, not us. We take no responsibility to the quality of goods and services. That being said, as we try to make ourselves a reliable platform, we shall assist you in liaising with the merchant in case of disputes.

Your Account

10. You may freely browse the Channels for information and use the tools which are made available thereat. However, certain contents and functions of Channels, including without limitation to submission of entertainment activity review and entitlement of Reward Scheme are only available to registered members of the Channels (“Members”). You can register Your Account to become a Member by following the instructions from time to time designed by us. By registering Your Account, you will have accepted each of the following:

1. the Agreement and all policies and procedures announced by us from time to time;

1. the Privacy Policy; and

1. our direct marketing regime which is clearly stated in the Privacy Policy (whether you accept or not is at your own choice).

11. During registration, we will need your name, gender, email address, phone number and a unique password. You are reminded to provide true, accurate and complete information or your registration may not be successful. If you fail to comply with this clause, we may suspend or terminate Your Account or your membership without further notice.

12. You are reminded to safeguard Your Account, including, without limitation, your login ID and password in a secure manner. We shall consider any use of Your Account by entering the correct login ID and password is duly authorized by you and any loss or damage associated to any unauthorized use of Your Account shall be borne by you. If you suspect that there is any unauthorized use of Your Account, you should immediately send us an email at info@momenday.com and we will take all necessary and appropriate actions within a reasonable period of time.

13. You must not select a login ID or password that may violate any person’s rights or that in our opinion is offensive, improper or inappropriate in any circumstance. If you do so, we reserve the absolute right to modify or delete the login ID or password and/or terminate Your Account without notice. We shall in no event be liable in any way for any of your improper use of login ID or password.

14. You shall be solely and entirely responsible for (a) maintaining the confidentiality of the login ID and password and any other information in respect of Your Account; and (b) all activities that occur in connection with Your Account. We shall in no event be responsible or liable for any loss or damage in relation to any unauthorized use of Your Account by any person.

15. You can terminate Your Account at any time at your free will. However, when Your Account terminates, all benefits, vouchers and points scheme in Your Account shall be forfeited immediately without compensation.

Your comments, reviews etc.

16. You understand that by posting information or content on the Channels or otherwise providing content, materials or information to the Channels or to us (collectively “Submissions”):

1. you hereby grant to us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit the Submissions (or any part thereof), including, without limitation, all related intellectual property rights subsisted thereon. In particular, we may use the Submissions (or any part thereof) in promotion and redistribution of all or part of our services and derivative works thereof in any media format and through any media channels;

2. you agree and authorize us to use your personal data in accordance with the Privacy Policy in effect from time to time;

3. you hereby grant all users of the Channels a non-exclusive license to access the Submissions (or any part thereof) through the Channels, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform the Submissions (or any part thereof) as permitted through the functionality of the Channels and under the Agreement;

4. you acknowledge and agree that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any of the Submissions. For the sake of clarity, the foregoing license grant to us by you does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the Submissions (or any part thereof), unless otherwise agreed in writing;

5. you hereby represent and warrant that any content in the Submissions (including, without limitation, text, graphics and photographs) do not infringe any applicable law, regulation or any third party right;

6. you are solely responsible for ensuring that all the Submissions publicly posted or privately transmitted through the Channels are true, accurate and not misleading and that we shall in no event be liable for any errors or omissions in any content;

7. you further undertake that the Submissions (or any part thereof) made by you shall in no event (i) contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information; and (ii) defame, abuse, harass, or violate the legal rights of others; and

8. you further grant us the right to pursue at law any person or entity that violates our rights in the content by a breach of the Agreement. You shall be solely responsible for any Submission and contents provided or submitted by you.

Vouchers and promotions

17. We may run marketing and promotional campaigns with the merchants which may provide discount codes or vouchers or offers to you which may be used when you are making a purchase with the merchants (collectively “Vouchers”). The Vouchers may be subject to conditions and validity periods and all the terms of the Vouchers shall be subject to our interpretation. Additional terms and conditions may apply to Vouchers. You acknowledge and agree you comply with any additional terms and conditions issued by us.

18. Vouchers cannot be exchanged for cash. Unless otherwise stated, Vouchers can only be used when you purchase the goods and services provided by the merchants.

19. We reserve the right to forthwith terminate, avoid, discontinue, reject or exclude the use of any Voucher without assigning reasons thereto.

Our representations and warranties

20. You acknowledge and accept that our role is to provide a platform for you to purchase goods and services in an efficient and cost-effective manner. We are not a merchant. Your contract is to be entered into with the merchant and we only provide the services stipulated in section 8 above. We undertake no other services.

21. Our services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through our services are provided by us on an “as-is” and “as-available” basis unless otherwise specified in writing. We make no representation or warranty of any kind, express or implied, as to the operation of our services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through our services unless otherwise specified in writing. You expressly agree that your use of our services is at your own risk.

22. The merchants may from time to time post photos of the goods in our Channels. Such photos are for reference only and shall in no event be considered as a description of the goods/services for the purpose of the Trade Descriptions Ordinance (Cap. 362 of the Laws of Hong Kong).

23. While we will take initiative to monitor the quality of the merchants, we make no representation or warranty to the goods and services provided by the merchants.

24. You acknowledge and agree that your use of or reliance upon our Channels, and any content, goods, products or services accessed or obtained therein is at your sole risk and discretion.

25. While we make reasonable efforts to provide our services at all times, we do not warrant or represent that our services shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties or defects. We anticipate that there may be temporary interruptions due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.

26. We shall in no event be liable for actions or omissions of the merchant nor you in relation to provision of the goods and we do not assume any liability for the quantity, quality, condition or other representations of the goods and/or services provided by merchants or guarantee the accuracy or completeness of the information (including menu information, photos and images of the goods) displayed on the merchants’ listing/offering on our Channels. We do not warrant that product descriptions or other content of any of our services is accurate, complete, reliable, current, or error-free. We do not warrant that our Channels are virus-free. All liabilities in respect of description of the goods and services under the Trade Descriptions Ordinance (Cap.362 of the Laws of Hong Kong) shall be borne by the merchant offering the same.

27. While we try our best to review and observe the contents provided by the merchants in our Channels, we may not be able to timely find out the inappropriate or even law-breaking contents. You are encouraged to report to us on any contents which you consider inappropriate or unpleasant. All liabilities associated with the contents of the merchants posted in our Channels shall be assumed by the merchants and we assume no responsibility for the same.

28. Nothing in the Agreement shall exclude the merchant’s liability for death or personal injury arising from merchant’s gross negligence or willful misconduct. The merchants are responsible for the preparation, condition and quality of goods. We shall not be liable for any loss or damage arising from your contractual relationship with the merchants.

29. To the extent permitted by law, we (including its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Channels, our services, and any other website and any content or material posted on it. Your exclusive remedy with respect to your use of our services is to discontinue your use of our services.

30. We, our affiliates, agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of our services or for any other claim related in any way to your use of our services. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if we, our affiliates, agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.

31. Our maximum liability for all claims by you shall be limited to the higher of the invoiced amount or HKD500.

Intellectual property

32. All trademarks, logos, images, and service marks, including the Agreement as displayed on our Channels or in our marketing material, whether registered or unregistered, are intellectual property of us and/or third parties who have authorised us to use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of our trademarks on any other website not approved by us is strictly prohibited. We will enforce our intellectual property rights to the fullest extent permitted by the law. We neither warrant nor represent that your use of materials displayed on our Channels will not infringe rights of third parties not owned by or affiliated with us. Use of any materials on our Channels is at your own risk.

33. All content included in or made available through any of our services, such as text, graphics, logos, icons, images and software is property of us or its content suppliers. The compilation of all content included in or made available through any of our services is our exclusive property and is protected by the Copyright Ordinance (Cap.528 of the Laws of Hong Kong).

34. We respect the intellectual property of others. If you believe that your intellectual property rights are being infringed, please notify us and we will conduct investigation and review.

Indemnity

35. You shall indemnify us and our directors, officers, employees, representatives, agents and affiliates (collectively, “Indemnified Parties”, and each an “Indemnified Party”) and keep each of the Indemnified Parties fully indemnified from and against all its direct, indirect and consequential losses, damages, liabilities, costs (including legal costs and other reasonable costs and expenses), claims, demands, actions or proceedings suffered and/or incurred by us in the course of our business and as a consequence of or otherwise in connection with any default, breach or failure of you to comply with any of the provisions of, or perform any of your obligations under, the Agreement or your improper use of the Channels or our services.

Third party websites/links

36. We may contain links to other third-party websites and by clicking on these links, you agree to do so at your own risk. We do not have any control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. Links to third-party websites are not owned or controlled by Momenday. We accept no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links and websites displayed on the Channels.

Termination

37. We reserve the right to terminate, suspend or delete Your Account and your access to our Channels for any reason whatsoever by delivering a notice to you.

38. Upon termination of the Agreement, (a) neither party shall have any obligation to pay or compensate any damage, cost, liability or expense to the other party; and (b) the remaining rights and obligations of the parties shall immediately cease to have effect upon such termination provided that any right or liability of any party in respect of any antecedent breach of the Agreement shall remain unaffected by the lapsing of such provisions.

General provisions

39. We may assign or transfer or purport to assign or transfer any of our rights or obligations under the Agreement by giving you notice. However, you may not assign or transfer or purport to assign or transfer any of your rights or obligations under the Agreement without our prior written consent. The provisions of the Agreement shall be binding upon and inure to the benefit of the parties hereto and its successors and assigns.

40. No failure or delay by us to exercise any right under the Agreement or otherwise shall operate as a waiver of that right or any other right nor shall any single or partial exercise of any such right preclude any other or further exercise of that right or the exercise of any other right.

41. Time is of the essence in the Agreement for the purpose of any provision of the Agreement.

42. If at any time any one or more provisions of the Agreement is or becomes invalid, illegal, unenforceable or incapable of performance in any respect, the validity, legality, enforceability or performance of the remaining provisions of the Agreement shall not thereby in any way be affected or impaired.

43. We may amend the Agreement at any time in our sole and absolute discretion. The amended agreement shall be effective immediately upon posting on our Channels and you agree to the new agreement by continued use of our services. It is your responsibility to check the Agreement regularly. If you do not agree with the amended agreement, whether in whole or in part, the only recourse is to close Your Account immediately.

44. No one, other than the parties to the Agreement, their respective successors and permitted assignees, shall have any right to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) or otherwise.

45. The Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”). The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Hong Kong.

46. The Agreement may be translated into different languages. In case of discrepancy, the English version shall prevail.