Terms and Conditions,Privacy Policy

This mobile application (SoFunNear) (the “App”) is owned and operated by KISS IT (HONG KONG) LIMITED (“we”, “us” and “our”). If you intend to use the services provided through this App or simply want to browse in this App or otherwise use this App, please read these terms and conditions (as amended from time to time) (“these Terms and Conditions”) carefully before using this App. By using this App or any part of it or by registering an account through this App, you declare and agree that you have read these Terms and Conditions and that you accept and agree to be bound by them (including all amendments that shall be made and posted by us from time to time). The revised Terms and Conditions will take effect when they are posted on this App.

  1. General
    1. We provide an online Application platform for users to upload, post, transmit and share text or media contents (the “Services”).
    2. You understand and agree that the Services may include advertisements and that these advertisements are required in order for KISS IT (HONG KONG) LIMITED to provide the Services. You also understand and agree that the Services may include a number of communications issued by KISS IT (HONG KONG) LIMITED, such as service announcements and administrative information, and that these communications are part of the Services, and you cannot choose to stop receiving, unless you want to completely terminate the use of the Services.
    3. All the Services provided by KISS IT (HONG KONG) LIMITED through this App are subject to these Terms and Conditions. By using the Services or accessing and/or using this App, you confirm that you have read, understood and agreed to these Terms and Conditions prevalent at such times.
    4. These Terms and Conditions should be read in conjunction with our privacy policy statement and shall prevail over any other document including any KISS IT (HONG KONG) LIMITED ’s policy.
    5. You are required to register and create an account (“your Account”) before using the Services. You agree to provide us with accurate, complete and up to date registration information.
    6. We have the absolute discretion to refuse registration of a potential user and to terminate the registration of any user for any reason whatsoever.
    7. You agree to indemnify KISS IT (HONG KONG) LIMITED for all claims, loss and damages whatsoever made by any third party arising from or in connection with your using the Services and/or any person using the App by log in using your username .
    8. Access to this App is gained through use of a personal password. KISS IT (HONG KONG) LIMITED shall not be responsible for any offline password management and you shall ensure that your password is kept strictly confidential to prevent unauthorised use. KISS IT (HONG KONG) LIMITED shall not be liable for any loss or damage whatsoever if any third party gains unauthorized access to this App or to your Account.
  2. User’s conduct
    1. You acknowledge and agree that all information, reviews, comments, messages, invitations, ratings, data, text, image, software, music, sound, audio, location data, photographs, graphics, video, messages ,and all other materials or forms of communications (“Materials”), whether publicly posted or privately transmitted, shall be responsible by the relevant provider. Therefore, you, but not KISS IT (HONG KONG) LIMITED, shall be fully responsible for Materials (including their legality, reliability, integrity and appropriateness) submitted, uploaded, posted, emailed or transmitted through this App by you or by log in using your username (“your Materials”). Furthermore, we do not guarantee and are not responsible or liable for the correctness, integrity or quality of your Materials or Materials of any other users. You understand that when you use the Services, you may be exposed to offensive, indecent or objectionable Materials. In any event, we shall not be responsible or held liable for any Materials, including but not limited to, any errors or omissions in such Materials, or any loss or damage arising from uploading, posting, emailing or transmission of any Materials through this App.
    2. You agree not to use this App to:
      1. upload, post, email or otherwise transmit any Material that is unlawful, harmful, pornographic, hateful, racially or ethnically offensive, threatening, abusive, discriminatory, harassing, defamatory, vulgar, obscene, libelous, invasive of any party’s privacy, encourages conduct or behavior that would be considered a criminal offence or give rise to civil liability; violates any law; impersonates another person; represents yourself as affiliated to us or our staff, solicitsoor harvests a user’s password, address, email address, phone number or other account information or is otherwise offensive or objectionable or inappropriate
      2. use Materials on this App or your access to this App for any illegal, improper, obscene or defamatory purpose;
      3. post, upload, email, transmit or otherwise make available any Material that infringes any patent, trademark, business secret, copyright, intellectual property or other proprietary rights of any party;
      4. post, upload, email, transmit or otherwise make available any Material that contains private information of someone, for example address, phone number, email address and any other similar information without the appropriate permission;
      5. delete or revise any Materials posted or uploaded by any other party;
      6. disrupt, interfere with, destroy or in any way affect the smooth running of this App or its servers or other software, hardware or equipment connected to or via this App including but not limited to uploading or posting any Materials that contains any computer viruses, trojan horses, worms, computed files or other materials that may interrupt, damage, affect or limit the functionality of any computer software or hardware or telecommunication equipment;
      7. engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited;
      8. provide us with outdated, untrue, inaccurate or incomplete information;
      9. collect or store personal data about other users of this App; or
      10. violate any applicable law relating to your use of this App.
    3. You represent and warrant that:
      1. all your Materials uploaded, posted or transmitted through this App are yours and owned by you or otherwise you have the right to upload, post or transmit them and grant us the right and licence as provided in these Terms and Conditions; and
      2. the uploading, posting or transmitting of your Materials do not violate any applicable laws or the privacy rights, proprietary rights, publicity rights, copyrights, trademark, design rights or any other rights of any person.
    4. You acknowledge that you can remove your Materials by contacting info@sofunnear.com and making a written request thereto. In certain instances, however, some of your Materials (such as posts, rating or comments you make) may not be completely removed and copies of your Materials may continue to exist on the Services and/or elsewhere). We are not responsible or liable for the removal or deletion or failure to remove or delete any Materials.
    5. You acknowledge that we may not pre-screen or pre-approve any Materials posted or uploaded on this App, but we reserve our absolute right to edit, share, reject, disapprove, erase and delete any of your Materials posted, uploaded, emailed, transmitted or otherwise made available on the App as we see appropriate. Without prejudice to the aforesaid, we have the right to remove any of your Materials that are, in our sole discretion and opinion, in violation of these Terms and Conditions or a appropriate or in violation of any law or order or requirement of any court. If you post or upload any of your Materials on this App and subsequently delete and/or remove the same or you terminate your Account, or that delete any and/or remove such posted or uploaded Materials, such Materials will no longer be accessible by you who uploaded or posted or transmitted the same via your account; however, such deleted Materials may still persist and appear on any part of this App, and/or be used in any form by KISS IT (HONG KONG) LIMITED.
    6. Without limiting the generality of any other parts of these Terms and Conditions, you expressly agree not to post, upload, transmit or share content that exploits or abuses children. This includes all child sexual abuse imagery (even cartoon images) and all content that presents children in a sexual manner. We will remove such content and take appropriate action, which includes the removal of the abusing contents and account permanently terminated.
      If you find any content that you think exploits children in this manner, do share, reshare or comment on such content, even if your intent is to bring it to our attention. Instead, inform us through email to info@sofunnear.com.
    7. We shall not be responsible or held liable for the correctness, authenticity, integrity, usefulness or standing point of or any matter relating to all messages or other Materials posted, uploaded, emailed, transmitted or otherwise made available on the App. All comments and remarks of such messages or Materials shall only represent the personal opinions of the relevant users, and not the position of this App or KISS IT (HONG KONG) LIMITED. When you use any Materials, you agree that you shall make your own evaluation, and bear all risks.
    8. We shall not be responsible or held liable in anyway if any user, whether in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) or elsewhere, use the other users’ personal data, information or materials (whether obtained from this App or not) for any purpose. You accept that all personal data, information or materials provided by you publicly on this App are voluntarily provided and are given entirely at your own risk. We shall not bear the responsibility of protecting the personal data, information or materials so provided publicly therein.
  3. License
    By posting, uploading, emailing, transmission or otherwise making available your Materials on this App, you unconditionally grant KISS IT (HONG KONG) LIMITED and its successor-in-title a non-exclusive, worldwide, irrevocable, royalty-free right and licence to exercise the copyright, publicity and database rights you have in your Materials in order that we can use, publish, host, display, promote, copy, download, forward, distribute, reproduce, transfer, edit, modify, sell, perform (whether in public or private) and re-use the Materials in any form and anywhere, with or without making any commercial gains or profits, or carry out the purposes set out in our privacy policy statement and herein. Without limiting the generality or scope of the aforesaid, such a licence includes the right for us to make available your Materials to other users of the Services, who may also use your Materials subject to these Terms and Conditions.
  4. Intellectual Property Rights
    1. This App and any information available on it including, but not limited to, text, graphics, icons, images and trade marks, are protected by copyright, design, trade mark and other intellectual property rights owned or controlled by KISS IT (HONG KONG) LIMITED or by third parties or the relevant users (as the case may be). You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of this App for any purpose without prior written permission of KISS IT (HONG KONG) LIMITED or the relevant users (as the case may be).
    2. All right, title and interest in the intellectual property rights of whatsoever nature in this App shall at all times remain the property of KISS IT (HONG KONG) LIMITED and other third parties and the relevant users (as the case may be). Users and online visitors are not authorized to use the same unless an express written permission of KISS IT (HONG KONG) LIMITED or such other third parties or relevant users (as the case may be) has been obtained.
  5. Your Account
    1. You represent and warrant that
      1. you are of legal age to form a binding contract; and
      2. you are not a person barred from receiving the Services or creating your Account under the laws of Hong Kong or other applicable jurisdiction.
    2. When creating your Account, you are required to provide certain personal information about yourself and will need to establish a username and a password.
    3. You agree and will provide accurate, current and complete information about your Account.
    4. When creating your Account, you should not:
      1. provide any false personal information (including using a false name or username) or create any account for anyone other than yourself without such other person’s permission.
      2. use a username that is the name of another person with the intent to impersonate that person;
      3. use a username that is subject to rights of another person with appropriate permission; or
      4. use a username that is offensive, vulgar or obscene or otherwise in bad taste.
    5. Without prejudice to Clauses 1.6 and 9, we reserve the right to suspend or terminate your Account or to reclaim any username that you have created if you are in breach of these Terms and Conditions or if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
    6. You are responsible:
      1. for all activities that occur under your username whether with or without your permission; and
      2. for maintaining the confidentiality of your password and your Account and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.
  6. Disclaimers and Limitation of Liability
    1. This App is provided by us on an “as is” and “as available” basis. Neither we nor our holding companies, subsidiaries and fellow subsidiaries (“our Group Companies”) make any representations or warranties of any kind, express or implied, as to the operation of this App or the accuracy, adequacy or completeness of the content or products and/or services included on this App. To the full extent permissible by applicable law, we and our Group Companies disclaim all warranties, express or implied, including, but not limited to any representations or warranties as to:
      1. the availability of this App or that it will be uninterrupted or error-free, or that defects will be corrected;
      2. the accuracy, adequacy or completeness of any content on this App;
      3. the use or exercise of reasonable care and skill in providing or delivering any services on or through this App or the timeliness of services offered or provided on this App;
      4. non-infringement of any third party intellectual property rights; or
      5. this App being free of computer viruses or other harmful elements.
    2. Without limiting any exclusion specifically provided for in these Terms and Conditions, we shall in no event be liable for any costs, damages or liability for:
      1. the failure, or alleged failure, of any product and/or service;
      2. the breach, or alleged breach, of any warranty, express or implied, relating to any product and/or service;
      3. any loss or damage to any such product and/or service; or
      4. any unauthorized use of this App or breach of security relating to this App.
    3. You will exercise and rely solely on your own judgement in using this App or the Services. In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, access, or inability to use or access, this App, even if we have been advised of the possibility of such damages including without limitation, unauthorized access using your username and password or transmission of any information or materials or any transactions entered into through this App. You specifically agree that neither we nor our Group Companies shall be responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that neither our Group Companies nor we shall be responsible for the information and materials sent out using and/or included in this App by any third party.
    4. We make no representation that materials on this App are appropriate or available for use in any jurisdiction, and accessing this App from locations where its operation are illegal is prohibited. Those who access this App from do so at their own discretion and are solely responsible for compliance with their laws and rules. You confirm that you have all the requisite approvals for using the Internet and online conduct.
    5. The liability of KISS IT (HONG KONG) LIMITED whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the products and/or services or any other breach of KISS IT (HONG KONG) LIMITED's obligations hereunder shall not in any event exceed HK$100.
  7. Indemnity
    You agree to indemnify and hold us and our Group Companies and their respective directors, employees, agents and subcontractors (“the Indemnitees”) harmless from and against any losses, claims, liabilities, damages, demands, costs and expenses (including all legal fees), incurred or suffered by the Indemnitees or any one of them in connection with or arising from your breach of these Terms and Conditions and/or your use of this App or the Services, including but not limited to your posting, uploading or transmitting your Materials.
  8. Limitation on use
    This App and the Services may be used and accessed only for your personal and non-commercial use. You agree not to reproduce, copy, sell, resell or exploit any Services for any commercial purposes.
  9. Termination
    We shall have the right to delete or deactivate your account, or block your email or IP address, or terminate your access to the Services, and remove any Materials within the Services immediately without notice for any reason, including but not limited to the reason that you breached any law or these Terms and Conditions or any service agreement(s) entered into between you and us. We reserve the right at any time to take such action as we consider appropriate, desirable or necessary including but not limited to taking legal actions against you. We shall have no obligation to deliver any Materials posted on this App to you at any time, both before or after cessation of the Services or upon removal of the related Material(s) from this App. In addition, you agree that if you are suspended or terminated from the Services, or your Account or related information and files are frozen or deleted, we shall not be liable to you or any third party in connection therewith.
  10. Third Party Apps
    This App may contain materials produced by third parties or links to other Apps. We accept no responsibility or liability in respect of any such third party materials or for the operation or content of other Apps (whether or not linked to this App). We reserve the right to require the removal of any link from another App to this App which is installed without obtaining the prior written consent of KISS IT (HONG KONG) LIMITED.
  11. Variation of Terms and Conditions
    We reserve the right to amend these Terms and Conditions from time to time in our sole discretion. You are reminded to review these Terms and Conditions regularly to ensure that you are familiar with the most recent version. By accessing and using this App, you agree to be bound by the most recent version of these Terms and Conditions.
  12. Waiver
    No forbearance or delay by us in enforcing our rights will prejudice or restrict our rights, and no waiver of any such rights or any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
  13. Severability
    If any provision of these Terms and Conditions shall be found to be illegal, invalid or unenforceable (whether in whole or in part) under any laws of any competent jurisdiction, such illegality, invalidity or unenforceability shall not affect the remaining provisions of these Terms and Conditions, all of which shall remain in full force and effect.
  14. Prevailing Language
    In the event of any discrepancy between the English and Chinese versions of these Terms and Conditions, the English version shall prevail.
  15. Applicable Law and Jurisdiction
    These Terms and Conditions shall be constructed in accordance with the laws of Hong Kong and in case of dispute you and us shall submit to the exclusive jurisdiction of the courts of Hong Kong.

Privacy Policy

This privacy policy (“this Privacy Policy”) applies to all users of this website www.sofunnear.com (this “Website”) and SoFunNear App (“this App”) which is owned and operated by KISS IT (HONG KONG) LIMITED (“SoFunNear”, “we”, “us” and “our”). This Privacy Policy is additional to the terms and conditions governing the use of this Website and this App, and should be read in conjunction with those terms and conditions.

  1. Our Pledge
    We are committed to safeguarding the privacy of individuals with respect to personal data (“Personal Data”) as defined under the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (“the Ordinance”). We will endeavour to make sure our policies and practices in relation to the collection, use, retention, transfer and access of Personal Data comply with the requirements of the Ordinance.
  2. Collection of Data
    1. Statistical Data
      When you visit this Website or this App, we will record your visit by using cookies without collecting any Personal Data from you unless otherwise stated. For your information, a cookie is a small amount of data created in a computer when a person visits a website on the computer. It often includes an anonymous unique identifier. A cookie can be used to identify a computer. It, however, is not used to collect any Personal Data. In other words, it does not have the function of identifying an individual user of the website.
      Cookies are used by SoFunNear to collect statistics about the number of visits of users to this Website and the users’ preference of websites and online services offered on this Website. You may choose to accept or reject cookies. If you reject the cookies, you may not be able to use some of the functions of this Website, such as saving your preferences in using this Website or this App and accessing some online services on this Website or this App.
    2. Personal Data Requested From You
      When you use this Website or this App or register with this Website or this App, you may have to provide to SoFunNear your Personal Data including but not limited to your salutation, name, gender, age, day and month of birth, telephone number, fax number, email address, residential/other address, credit card information, education level, occupation, household income, interests, personal credentials, comments, likes, dislikes and all in App activities.
      Please note that it is mandatory for you to provide certain categories of Personal Data (as specified at the time of collection). In the event that you do not provide any Personal Data indicated as mandatory or you provide incorrect or incomplete information, we may not be able to provide you with our products or services.
  3. Use and Disclosure of Personal Data
    1. You agree that all Personal Data provided by you to us may be used and retained by us for the following purposes and/or for other purposes as may be agreed between you and us and/or as required by law from time to time:
      1.  verification of identity and record;
      2. registering, operating or maintaining your account with us;
      3. providing you with products and/or services you requested;
      4. processing billing and payment, maintaining credit history, determining amounts outstanding and if necessary, collection of outstanding payments;
      5. marketing of goods and/or services of us and our holding companies, subsidiaries and fellow subsidiaries (“our Group Companies”);
      6. performing research or analysis in order to improve our products and services and for marketing and promotional purposes;
      7. monitoring and reviewing the due compliance with the relevant rules and regulations in relation to your dealings with us;
      8. handling and following up of complaints, enquiries or feedback;
      9. prevention or detection of crime;
      10. meeting the requirements to make disclosure to any governmental, legal or regulatory authority in Hong Kong under the requirements of any law binding on us; and
      11. other purposes relating or incidental to any one or more of the above.
    2. We may disclose and transfer (whether in Hong Kong or abroad) your Personal Data to the following parties:
      1. any contractor, agent or service provider which provides administrative, data processing, research and marketing, financial, computer, telecommunications, payment, delivery, professional, after-sale or other services to SoFunNear and any of its contracted Third Party Business affiliates and/or the relevant service(s) that you are applying to (“Third Party Service Providers”). The Third Party Service Providers are under a duty of confidentiality to us and are only permitted to use your Personal Data in connection with the purposes specified at clause 3.1 above, and not for their own purposes (including direct marketing);
      2. any actual or proposed assignee, transferee or successor of or to our rights in respect of your Personal Data in connection with a merger, sale or transfer (whether of assets or shares);
      3. any governmental, legal or regulatory authority to which we have a legal duty to provide such data;
      4. any of our Group Companies for the uses or purposes as stipulated in clauses 3.1 and 4;
      5. anyone who reasonably requires us to make the same disclosure in order that we can implement the purposes listed in this Privacy Policy;
      6. any of our legal and financial advisers;
      7. any credit information or reference bureau; andany deb
      8. t collection agency.
    3. We may share aggregate data that does not allow you to be identified with third parties for various purposes (including marketing and advertising), and may use such data in order to better understand your needs and to improve and adapt our products and services.
  4. Direct Marketing
    We intend to use your Personal Data in our records (including your name, telephone number, address and email address and any other information) and transfer them to the subsidiaries, holding companies and other subsidiaries of the holding companies of SoFunNear (collectively “our Group Companies”) for direct marketing to you (whether by post, email, phone, SMS or the like) in relation to offers and promotions from us and/or our Group Companies and/or any of our contracted Third Party Business affiliates in relation to (including but not limited to) food and beverage, retail, healthcare, energy and utility, education, hospitality, information technology, law enforcement and security, tourism, sales, social care, recruitment and HR, business consulting and management, property and construction, science and pharmaceuticals, creative arts and design products and services and related services, and any services provided by SoFunNear and any of its contracted Third Party Business affiliates.
  5. Security
    1. We shall make all reasonable efforts to ensure that any Personal Data held by us is stored in a secure and safe place, and accessed only by our authorized employees or authorized Third Party Service Providers.
    2. You should be aware that no system is impenetrable and no information provided over the Internet can be guaranteed to be completely secure. Accordingly, we cannot guarantee the security of any information that you transmit to us or receive from us over the Internet. To the extent permitted by the law, we shall not be liable for any security disruption or inadvertent loss or disclosure of Personal Data due to the connection between this Website and the Internet.
  6. Third Party Merchants
    We may have online stores or service providers hosted in this Website and/or this App which are operated by third party merchants. If you want to use, order or receive any services and/or products from any of them, please note that any Personal Data you provide, once transferred to the relevant merchant, is beyond our control and thus outside the scope of protection afforded by us.
  7. Links to Third Party Websites
    This Website and/or this App may contain links to other websites which are operated by third parties. We have no control over the contents of the linked websites or the way in which the operators of those websites deal with your Personal Data. We shall not be responsible for any privacy policies of those websites. You are advised to carefully read the privacy policies of any of those websites before supplying your Personal Data to any linked websites.
  8. Right of Access and Correction
    1. Under the Ordinance, you have the right to:
      1. check whether we hold any of your Personal Data;
      2. access your Personal Data held by us;request u
      3. s to correct any Personal Data which is inaccurate;
      4. ascertain our policies and practices (from time to time) in relation to Personal Data and the types of Personal Data held by us; and
      5. opt out from receiving direct marketing materials from us at any time.
    2. Any requests in relation to the above shall be in writing (sent by post or email) and
      address to:
      Customer Service Team
      KISS IT (HONG KONG) LIMITED
      Email: info@sofunnear.com
    3. In response, we may ask you to provide certain details about yourself so that we can be sure you are the person to whom the Personal Data refers.
    4. In accordance with the Ordinance, we reserve the right to charge you a reasonable fee for the processing of any Personal Data access or correction request.
  9. Retention of Personal Data
    Personal Data provided by you are retained for as long as the purposes for which your Personal Data were collected continue. Personal Data are then destroyed unless their retention is required to satisfy legal, regulatory or accounting requirements or to protect our interests.
  10. Variation of Privacy Policy
    We reserve the right to amend or update this Privacy Policy from time to time in our sole discretion. All information will be governed by our most recent Privacy Policy available on this Website.
  11. Prevailing Language
    In the event of any discrepancy between the English and Chinese versions of this Privacy Policy, the English version shall prevail.