Terms And Conditions

TERMS AND CONDITIONS – HOHOLINK

1. WELCOME TO HOHOLINK

1.1 Ho-Ho Link (the “Platform”) is an online web and mobile application operated by Link Realty Limited (the “Company”) which facilitates the offering and obtaining of property management and other ancillary services. Users who request services for their properties (hereinafter “Property Owners”) are connected with property management companies (hereinafter “PMCs”) and ancillary service providers (hereinafter “ASPs”) who offer and provide such services.

2. THE COMPANY

2.1 The Company is a limited liability company registered in Hong Kong under company number 2772988 and having its registered office at Room 106, 1/F, Tern Centre Tower 2, 251 Queen’s Road Central, Hong Kong.

3. TERMS AND CONDITIONS OF THE PLATFORM

3.1 Your access to and use of the Platform is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained below (the “T&Cs”). These T&Cs constitute a binding legal agreement between you and the Company. By accessing or using the Platform, you acknowledge and agree to be bound by these T&Cs. Please read these T&Cs carefully before you access or use the Platform. If you do not agree to these T&Cs, please refrain from accessing or using the Platform.

3.2 The Company may, from time to time, without notice, update or modify these T&Cs at any time, and any such update or modification shall take effect upon posting on the Platform. You should check this page from time to time to take notice of any changes the Company made and to review these T&Cs. By continuing to access or use the Platform following the posting of any changes to these T&Cs, you indicate that you consent to the changes made and that you agree to abide and continue to abide by them.

3.3 In these T&Cs, unless the context otherwise requires, the following words and expressions shall have the following meanings:

“ASPs” has the meaning ascribed to it in clause 1.1.

“Company” has the meaning ascribed to it in clause 1.1.

“Dispute” has the meaning ascribed to it in clause 22.2.

“HKIAC” has the meaning ascribed to it in clause 22.2.

“Permitted Persons” has the meaning ascribed to it in clause 20.2(b).

“Platform” has the meaning ascribed to it in clause 1.1.

“Platform Content” has the meaning ascribed to it in clause 12.1.

“PMCs” has the meaning ascribed to it in clause 1.1.

“Property Owners” has the meaning ascribed to it in clause 1.1.

“T&Cs” has the meaning ascribed to it in clause 3.1.

“VPMC” has the meaning ascribed to it in clause 5.4.

4. ELIGIBLE USERS

4.1 You are eligible to access and use the Platform if:

(a) you are at least 18 years old; and

(b) you have the capacity to enter into legally binding contracts.

4.2 If you access or use the Platform, you represent and warrant to the Company that you are an eligible person. You understand that the Company has no obligation to verify your eligibility and any commercial transaction or arrangement entered into by you on the Platform shall be binding on you.

4.3 For the avoidance of doubt, the Company reserves the right to refuse or terminate your access to or use of the Platform at any time without notice with immediate effect even if you are an eligible person.

5. HOW DOES THE PLATFORM WORK?

Creation of Account

5.1 You do not need an account to access the Platform. However, in order to use the services provided by the Platform, you are required to create an account at www.hoholink.com as follows:

(a) If you are a Property Owner, you should create a Owner's Account.

(b) If you are a PMC, you should create a Vendor's Account.

For Property Owners:

5.2 Once a Owner's Account has been created, you may search for VPMCs to manage your properties and file requests for quotations for ancillary services from ASPs.

5.3 The Platform provides the abovementioned services to Property Owners free of charge.

For PMCs:

5.4 Once a Vendor's Account has been created, you may apply for verification as a verified PMC (“VPMC”) on the Platform at a referral fee. Only the profiles of VPMCs are posted on the Platform for Property Owners to select from. Once your engagement has been confirmed by a Property Owner (as evidenced by the selection by the Property Owner), you and the Property Owner shall enter into a service agreement or otherwise agree on the terms and conditions of the engagement.

5.5 By getting verified as a VPMC, you agree to pay the Company a referral fee which equals to ten per cent (10%) of the property management fees payable to you by the Property Owner. The referral fee is calculated on a per-engagement annual basis and is payable within thirty (30) days after the date of confirmation of engagement by the Property Owner (as evidenced by the selection of your company by the Property Owner). If the term of engagement is for more than one (1) year or is extended or renewed to more than one (1) year, the referral fee for subsequent years shall be payable to the Company within thirty (30) days of each anniversary of the date of confirmation of engagement by the Property Owner. If the term of engagement is extended or renewed, you shall notify the Company of the extension within thirty (30) days thereof.

5.6 You undertake to the Company that you will promptly notify the Company of the extension or renewal of engagement by any Property Owner. You further acknowledge and agree that if you fail to notify the Company of any extension or renewal of engagement or pay the referral fee in accordance with these T&Cs, the Company may immediately terminate your access to the Platform without notice and initiate legal actions or proceedings to seek appropriate remedies and damages for your breach.

5.7 For the avoidance of doubt, you shall pay the referral fee or any other fees hereunder to the Company regardless of whether you have actually received the property management fee or any other fees from the Property Owner. The Company shall not be required to repay or refund any referral or other fees as a result of your engagement by any Property Owner being terminated or cut short.

For ASPs:

5.8 Once a Vendor's Account has been created, you may place bids in response to Property Owners’ requests for quotations for ancillary services. Once your engagement has been confirmed by a Property Owner (as evidenced by the selection of your company by the Property Owner), you and the Property Owner shall enter into a service agreement or otherwise agree on the terms and conditions of the engagement.

5.9 You acknowledge and understand that you need Token to place bids on the Platform. Each Token costs US$1.00 (subject to the pricing adjustments of the Company from time to time). The number of Token required to place bids for each request will be determined by 1 Token for each request. You further agree that you shall not be entitled to any refund of Token unless the Property Owner (i) does not view the quotation submitted by you within one hundred and twenty (120) hours of submission or (ii) cancels the request for quotations after you have placed your bid. All Token purchased from the Platform are non-refundable.

5.10 You may purchase Token at www.hoholink.com.

Other Services

5.11 The Company may provide such other services on the Platform from time to time as its thinks fit, including without limitation income and expense tracking and property advertising. You understand and agree that the Company has the right to suspend or terminate the provision of any service at any time without notice and you agree that your use of any such services shall in all respects comply with these T&Cs.

6. FEES, CHARGES AND TAXES

6.1 The Company hereby expressly reserves the right to make any adjustment to the fees and charges of the Platform (including without limitation the referral fee payable by VPMCs and the costs of Token. The Company will notify you of any such adjustment by posting a notice on the Platform at least seven (7) days prior to the effective date of the adjustment. If you do not agree to the adjustment, please do not use the Platform. For the avoidance of doubt, any adjustment of referral fee shall only apply to the engagement of VPMCs by Property Owners which are confirmed after the effective date of the adjustment (as evidenced by the selection of the VPMC by the Property Owner).

6.2 The fees and charges of the Platform are tax-exclusive. Subject to applicable laws, it is your obligation and not the Company’s obligation to pay applicable taxes and statutory levies on the fees and charges (if any).

6.3 You are required to provide the information of your valid credit card in order to pay the fees and charges of the Platform. Your submission of such information to the Platform indicates your authorization to the Company to charge to such credit card any fees and charges payable by you in connection with your use of the Platform.

7. THE RELATIONSHIP BETWEEN THE COMPANY AND USERS

7.1 You acknowledge and understand that VPMCs and ASPs are independent contractors who provide services to Property Owners and that no employment, agency, joint venture or partnership relationship is established as a result of the use of the Platform. You further acknowledge that the Company is merely a facilitator who connects Property Owners with VPMCs and ASPs and is not a party to any transaction, agreement, contract or arrangement between any Property Owner, VPMC or ASP.

8. SELECTION OF VPMCS AND ASPS

8.1 While the Company will use its reasonable endeavours to verify the identity and qualifications of VPMCs and ASPs, such verification is conducted based on the information provided by the VPMCs and ASPs. The Company cannot guarantee the truthfulness, authenticity or timeliness of such information, and therefore does not give any representation or guarantee as to the reliability of the information contained in the profiles of any VPMC or ASP on the Platform. Property Owners are advised to exercise due diligence and caution in verifying the identity and qualifications of the VPMCs and ASPs before proceeding to the engagement.

9. SERVICES PROVIDED BY VPMCS AND ASPS

9.1 VPMCs and ASPs, as independent contractors of the Property Owners, undertake to the Company that they shall:-

(a) provide services to Property Owners in accordance with their agreement with the Property Owners at their own costs and expenses;

(b) assign personnel with the necessary skills, experience, knowledge, qualifications and licences to provide the services to the Property Owners;

(c) purchase and maintain the necessary equipment and tools to provide services to Property Owners at their own costs and expenses;

(d) arrange and maintain all necessary insurance cover in respect of the provision of services to Property Owners at their own costs and expenses; and

(e) ensure full compliance with all applicable laws and fulfil all taxation obligations or requirements (including without limitation the filing of tax return) in respect of their provision of services to Property Owners.

9.2 The Company does not make any representation or guarantee as to the services provided by any VPMC or ASP, or endorse the services provided by any particular VPMC or ASP. No recommendation or advice is given by the Company as to whether the services provided by any particular VPMC or ASP is suitable for any particular person. Property Owners are solely responsible for their decision to engage any particular VPMC and ASP.

9.3 You agree that the Company shall not be responsible for the performance of property management services by VPMCs or the performance of ancillary services by ASPs. If you have any enquires or complaints in relation to the services provided by any VPMC or ASP after the engagement has been confirmed, you should contact the relevant VPMC or ASP directly. Further, any disputes that you may have with any VPMC or ASP in relation to the provision of services should be addressed directly to the relevant VPMC or ASP. The Company shall not be in any way liable for any suits, actions, damages, claims, costs, losses or liability of whatsoever kind or character arising from or in connection with the provision of services by VPMCs or ASPs to Property Owners.

10. INFORMATION PROVIDED TO THE COMPANY

10.1 The Platform may collect your information (including personal data where applicable) for a number of purposes, including without limitation:

(a) creating your user account;

(b) processing the verification applications of PMCs;

(d) contacting you in relation to your access to or use of the Platform;

(e) seeking your feedback, including through surveys, in relation to the Platform;

(f) improving the Platform, its products and services;

(g) designing new or improving existing services provided by the Platform to you;

(h) providing you with regular communications from the Company with details of the Platform and its benefits;

(i) carrying out data sorting and analysis to enable the Company to better understand your characteristics and behaviour and to provide other services better tailored to your needs;

(j) aggregated behavioural analysis, including using anonymised Personal Data for data science studies and data mining;

(k) the normal management, operation, maintenance, and support of the Platform;

(l) investigation of complaints, suspected suspicious transactions, and research for service improvement;

(m) prevention or detection of crime;

(n) disclosurepursuant to law, court order, subpoena or governmental authority; and

10.2 You warrant and represent to the Company that the information you provide to the Platform are in all respects true, accurate and not misleading, and acknowledge that the Company has agreed to your access to and use of the Platform on the same basis. If the Company finds that, or has reasonable grounds to believe that, any information provided by you is untrue, inaccurate or misleading, the Company may in its absolute discretion refuse or terminate your access to or use of the Platform and take any other actions it considers necessary, including without limitation the suspension or termination of your user account without notice or refund of any referral fee or Token. Further, you are responsible for ensuring that all the information you provide are up-to-date. You hereby agree to defend, indemnify and hold harmless the Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) from and against any and all suits, actions, damages, claims, costs, losses or liability of whatsoever kind or character arising from or in connection with the Company’s use of information provided by you which is untrue, inaccurate, misleading or not current.

10.3 For further information on how the Company may use your information, please refer to the Company’s Privacy Policy, which is available at www.hoholink.com.

11. COMMUNICATIONS

11.1 To register an account on the Platform, you are required to provide your contact information (including address, email address, telephone number etc.). By providing such information, you acknowledge and agree that the Company may use such information to contact you. You further authorize the Company to share your contact information with other users of the Platform so as to facilitate the connection between Property Owners with VPMCs or ASPs. In particular, once the engagement of a VPMC or ASP has been confirmed by a Property Owner (as evidenced by the Property Owner’s selection of the profile of the VPMC or ASP), the Company will share the contact information of the Property Owner with the selected VPMC or ASP such that the VPMC or ASP may reach out to the Property Owner in relation to the engagement for services.

11.2 For the avoidance of doubt, the Company will use and transfer your contact information for direct marketing purposes only if you have given the express consent to such use or transfer.

11.3 For further information on how the Company may use your contact information, please refer to the Company’s Privacy Policy, which is available at www.hoholink.com.

12. INTELLECTUAL PROPERTY RIGHTS

Content of the Platform

12.1 All text, data, editorial content, images, graphics, formatting, graphs, designs, typefaces, music, software and other content on the Platform (excluding the information provided by users of the Platform), as well as the infrastructure used to provide such content (“Platform Content”), is proprietary to the Company. Platform Content is protected by copyright, trademarks, database and other intellectual property rights. All Platform Content and any corresponding intellectual property rights belong to the Company or its licensor unless indicated otherwise on the Platform. All such rights are reserved by the Company or the licensor and nothing contained in the Platform should be construed as granting any licence or right of use of any trademark or other intellectual property right to such Platform Content. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Platform Content without obtaining a licence or sub-licence to do so from the Company.

12.2 The Platform may also contain the intellectual property of third parties. You may not copy or use any of such intellectual property without the express consent of the relevant third party.

Content provided by you to the Platform

12.3 By using the Platform, you hereby grant the Company an irrevocable, non-exclusive, perpetual, royalty free and worldwide right and licence (or sub-licence as applicable) to use, reproduce, distribute, sub-license, communicate and make available in any method and display those agreed upon elements of your intellectual property rights as provided to the Platform and which are necessary for the Company to exercise its rights and provide services to you through the Platform. Such licence shall not be affected by the termination of your account on the Platform.

12.4 The content provided by you to the Platform shall remain the exclusive property of you or your licensor (as appropriate). However, such content may be edited or modified by the Company and subsequently translated into other languages. Such edited or modified content or translations shall be the exclusive property of the Company, and shall be for the exclusive use by the Company on the Platform. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any such edited or modified content or translations without obtaining a licence to do so from the Company.

12.5 By providing any content to the Platform, you warrant and represent to the Company that you own or have all necessary rights (including intellectual property rights and licence) to use and grant the Company the right to use such content in accordance with these T&Cs. You hereby agree to defend, indemnify and hold harmless the Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) from and against any and all suits, actions, damages, claims, costs, losses or liability of whatsoever kind or character arising from or in connection with the Company’s use of such content on the Platform in accordance with these T&Cs.

13. ADVERTISING

13.1 Unless otherwise agreed with the Company, you shall not advertise any external website, product or service (other than property management services to be provided to Property Owners by VPMCs and ancillary services to be provided to Property Owners by ASPs) on the Platform.

13.2 The Company may display advertisements or promotions on the Platform. You acknowledge and agree that the Company shall not be in any way liable for any suits, actions, damages, claims, costs, losses or liability of whatsoever kind or character arising from or in connection with the presence of such advertisements or promotions or any subsequent dealings with third parties.

14. ACCESS TO THE PLATFORM

14.1 The Company reserves the right to withdraw or amend any services it provides on the Platform, or modify or discontinue, temporarily or permanently, the Platform from time to time without notice and being obliged to provide any reason. You agree that the Company will not be liable to you or any third party as a result of such modification or discontinuation or if for any reason the Platform is unavailable at any time or for any period.

14.2 If you choose, or is provided with, a user identification code, password or any other piece of account credentials as part of the Platform’s security procedures, you shall treat such account credentials as confidential and shall not disclose them to any third party (other than the representatives authorized by you). The Company shall be entitled to assume that any person using the Platform with your account is you or your authorized representative. You are responsible for ensuring that all persons who access the Platform with your account credentials are aware of these T&Cs, and that they fully comply with these T&Cs. You are also liable for any damages arising out of any unauthorized use of the Platform by persons to whom you intentionally or negligently allow access to your account. You shall immediately notify the Company of any, actual or suspected, security breach or improper use of the Platform.

14.3 The Company reserves the right to disable your user identification code, password or other account credentials, or otherwise suspend or terminate your access to the Platform, at any time, if in the Company’s sole opinion you have failed to comply with any provision of these T&Cs. In particular, the Company may suspend or terminate your access to the Platform in the occurrence of any of the following events:

(a) You have posted incorrect or misleading content on the Platform;

(b) The Company receives one or more legitimate and serious complaint(s) from other users in respect of your use of the Platform;

(d) Your posts on the Platform do not comply with the content standards as set out in these T&Cs;

(e) You have engaged in any prohibited activity as set out in these T&Cs;

(f) The Company finds that you are not an eligible person who may use the Platform; or

(g) You have breached any of the provisions in these T&Cs.

15. USE OF AND CONTRIBUTION TO THE PLATFORM

15.1 Any use of or contribution to the Platform and communication with any other person in connection with the Platform must not:

(a) be unlawful, illegal or immoral;

(b) contain any material which is defamatory of any person;

(d) constitute harassment to other users of the Platform;

(e) be false or misleading;

(f) promote illegal activity;

(g) violate or interfere with the Platform or the Company’s rights;

(h) result in any activity which is prohibited by these T&Cs;

(i) promote sexually explicit material, violence and / or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(j) infringe any copyright, database right, trade mark or any other types of intellectual property of the Company or any other person; or

(k) be defamatory or harmful to the brand of the Company or the Platform.

15.2 You warrant that your use, contribution or communication will comply with the above restrictions and agree to indemnify the Company for any breach of such warranty. The Company will not be responsible, or liable to any third party, for the content or accuracy of any materials posted on the Platform by any user of the Platform. You hereby agree to defend, indemnify and hold harmless the Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) from and against any and all suits, actions, damages, claims, costs, losses or liability of whatsoever kind or character arising from or in connection with your use of or contribution to the Platform which is in breach of the content standards set out above.

15.3 The Company reserves the right to remove any material or post that you make or upload to the Platform if, in the Company’s sole opinion, such material or post does not comply with the content standards set out above. Further, the Company may immediately terminate your access to the Platform without notice and initiate legal actions or proceedings to seek appropriate remedies and damages for your misuse of the Platform.

16. PROHIBITED ACTIVITIES

16.1 You may only access and use the Platform if you agree not to:

(a) access, monitor or copy any content or information on the Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without the Company’s express written permission;

(b) violate the restrictions in any robot exclusion headers on the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform, or otherwise attempt to gain unauthorised access to the Platform;

(c) misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

(d) take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Platform’s infrastructure;

(e) deep-link to any portion of the Platform for any purpose without the Company’s express written permission;

(f) "frame", "mirror" or otherwise incorporate any part of the Platform into any other website without the Company’s prior written authorisation;

(g) target the Company’s or the Platform’s brand or business through keyword purchases that use the Company’s trade marks; or

(h) make discriminatory comments that could damage the brand of the Company or the Platform.

16.2 The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or downloading of any material posted on it, or on any website linked to it.

17. HYPERLINKS TO OTHER WEBSITES

17.1 The Platform may contain links to websites operated by third parties. Such links do not constitute the endorsement of the websites or their contents by the Company. The Company may not be affiliated or associated with the operators of such websites and may have no control over such websites. Further, the Company may not have verified the information contained in such websites. The Company makes no representation as to the accuracy, completeness, timeliness or suitability of the information contained in such websites and does not assume any responsibility or liability with respect to any third party website accessed via the Platform. By clicking into such websites, you acknowledge that you access such websites at your own risk.

18. DISCLAIMER AND LIABILITY

18.1 The material displayed on the Platform is provided on an “as is” and “as available” basis without any guarantee, condition or warranty, whether express or implied, as to the reliability, accuracy, completeness or timeliness of the material. To the extent permitted by law, the Company hereby expressly excludes:

(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

(b) Any liability for any direct, indirect, consequential, incidental or special loss, exemplary or punitive damages, costs, claims or expenses incurred by you in connection with the Platform or in connection with any use of, or inability to use the Platform or its content or software or any websites linked to it or from any action taken, or omitted to be taken, as a result of using the Platform or accessing its content, including:

(i) loss of profit, income or revenue;

(ii) loss of business;

(iii) loss of profits or contracts;

(iv) loss of anticipated savings;

(v) loss of data;

(vi) diminution in value or loss of goodwill or business opportunity; or

(vii) wasted management or office time,

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

18.2 For the avoidance of doubt, the above does not limit the Company’s liability for death or personal injury arising from its negligence, the Company’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable laws.

19. INDEMNIFICATION

19.1 You hereby agree to indemnify, defend, and hold harmless the Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) from and against any and all suits, actions, damages, claims, costs, losses or liability of whatsoever kind or character arising from or in connection with your breach of these T&Cs, or your infringement of any law or the rights of a third party in the course of using the Platform. The Company expressly reserves the right, at its own expense, to assume the defence and control of any matter otherwise subject to your indemnification. You shall not, in any event, settle any claim or matter without the written consent of the Company.

20. CONFIDENTIALITY

20.1 You understand and agree that by using the Platform, you may gain access to or may be exposed to, directly or indirectly, confidential information of the Company or other users of the Platform (the "Confidential Information"). Confidential Information includes user information, transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information that either a disclosing party designates as being private or confidential or of which a receiving party should reasonably know that it should be treated as private and confidential. However, Confidential Information shall not include any information to the extent it (i) is or becomes part of the public domain through no act or omission on the part of the receiving party, (ii) was possessed by the receiving party prior to the date of disclosure by the disclosing party, (iii) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto, or (iv) is required to be disclosed pursuant to law, court order, subpoena or governmental authority.

20.2 You agree that:

(a) all Confidential Information shall remain the exclusive property of the disclosing party and the receiving party shall not use any Confidential information for any purpose except in furtherance of the use of the Platform;

(b) you shall maintain, and shall use prudent methods to cause your employees, officers, representatives, contracting parties and agents (the "Permitted Persons") to maintain, the confidentiality and secrecy of the Confidential Information;

(c) you shall disclose Confidential Information only to those Permitted Persons who need to know such information in furtherance of the use of the Platform;

(d) you shall not, and shall use prudent methods to ensure that the Permitted Persons do not, copy, publish, disclose to others or use (other than pursuant to these T&Cs) the Confidential Information; and

(e) the receiving party shall return or destroy all ((hard and soft) copies of) Confidential Information upon written request of the disclosing party.

21. MISCELLANEOUS

21.1 English version to prevail. The original English version of these T&Cs may have been translated into other languages. In the event of a dispute in relation to the content or interpretation of these T&Cs or in the event of a conflict, ambiguity, inconsistency or discrepancy between the English version and any other version of these T&Cs, the English language version shall prevail, apply and be binding and conclusive.

21.2 Headings. The headings in these T&Cs are for convenience only and do not affect interpretation.

21.3 Assignment. You shall not assign any of your rights or obligations under these T&Cs to any third party without the Company’s prior written consent. The Company has the right to assign any of its rights or obligations under these T&Cs at any time. You agree that you shall, in the event of any such assignment of the Company’s obligations, release the Company from any of its obligations, provided that the relevant assignee agrees to assume any and all such obligations.

21.4 Severability. The provisions of these T&Cs shall be severable, and if any provision, or part-provision, of these T&Cs shall be held or declared to be illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect any other provision, or part-provision, of these T&Cs, and the remainder of these T&Cs, disregarding such illegal, invalid or unenforceable provision, or part-provision, shall continue in full force and effect as through such illegal, invalid, or unenforceable provision, or part-provision, had not been contained in these T&Cs.

21.5 Waiver. No provision of these T&Cs shall be deemed waived, unless such waiver shall be in writing and signed by the party against which the waiver is sought to be enforced. The waiver by a party of any breach of any provision, or part-provision, of these T&Cs by another party shall not be construed to be either a waiver of any succeeding breach of any such provision or a waiver of the provision itself. No single or partial exercise of any right or remedy shall prevent or restrict further exercise of that or any other right or remedy.

21.6 Third party rights. These T&Cs do not create any right enforceable by any person who is not a party to these T&Cs under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) or any other law in any other jurisdiction having a similar effect, irrespective of whether or not a clause of these T&Cs confers or purports to confer a benefit on such person.

22. DISPUTE RESOLUTION

22.1 As the Platform merely connects Property Owners with VPMCs and ASPs and is not a party to any transaction, agreement, contract or arrangement between any Property Owner, VPMC or ASP, any disputes in relation to the provision of services should be resolved by the relevant Property Owner, VPMC or ASP. While the Company is not a party to any such disputes, the Company will, upon request, provide limit assistance in resolving disputes between Property Owners, VPMCs and ASPs, including providing necessary information or records.

22.2 If any dispute, controversy or claim (“Dispute”) arises out of or in relation to your access to or use of the Platform, you and the Company shall in the first instance attempt to resolve the Dispute by mutual consultation. If the Dispute cannot be settled by mutual consultation, it shall be referred to and finally resolved by arbitration in Hong Kong International Arbitration Centre (“HKIAC”) in accordance with HKIAC Rules in effect at the time of applying for arbitration. The arbitral award shall be final and binding upon the parties.

23. GOVERNING LAW

23.1 These T&Cs and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Hong Kong.

24. ENQUIRIES

24.1 If you have any concerns or enquiries relating to these T&Cs or the Platform, please contact the Company via cs@hoholink.com.

Effective: January 1st, 2020