Terms and Conditions for Use of Future Business Technologies Ltd Platform
1.1 This website is operated by Future Business Technologies Ltd (FBT), Room 2004, 20/F, Centre Point 181-185 Gloucester Road Wanchai Hong Kong, Hongkong, registered on the Commercial Register in Hongkong, together with all of its subsidiaries ("FBT"), We offer this website, client software and an online platform via a mobile app as well as on its various websites ("FBT Platform").
1.2 The FBT Platform may be used to search, book (“Booking”) and pay online for various services in the field of online video and live classes (referred to collectively as Sessions"). The Sessions are provided by the Trainers (the “Trainer”; the Trainer, together with FBT, referred to as the “Contracting Parties") on its own responsibility, in its name and for its own account. FBT supports the Trainer with the FBT System in dealings with Users essentially only by providing a clear presentation of the Sessions and by handling bookings, but not by performing the User/Service Agreements between the Trainer and Users.
User agrees not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the website or any services offered therein, without FBT’ express written permission. The headings used in this agreement are included for convenience and will not limit or otherwise affect these Terms.
1.3 The following terms in these Terms and Conditions of Use/GTCs shall have the meaning assigned to them below:
1.4 The subject-matter of these GTCs is the use of the FBT Platform, in particular the User’s Booking of Sessions.
1.5 Personal data (of the Trainer, its customers and employees) within the meaning of the Data Protection Act (in particular: telephone number, address, e-mail address, other content data etc.) shall be processed in accordance with the Privacy Statement. This may be downloaded from the home page of the website.
2. cope of application, exclusion of other general terms and conditions, priority, amendment of these GTCs, written form requirement, accuracy, completeness and timeliness of information, Third party links,
2.1 Scope of application. All legal relations between FBT and the Trainer shall be exclusively governed by these GTCs. The GTCs may be accessed on the homepage of FBT’ website (shown in the footer). These GTCs apply both to Users whose ordinary residence is located within Hongkong, and to Users whose ordinary residence is located outside Hongkong. These GTCs shall also apply to all future transactions between FBT and the User, even where no express reference is made to them in individual cases, and shall, in particular, include future supplementary or other transactions. The most current version of these GTCs, at the time the contract in question is concluded or at the time of any subsequent transaction, shall always apply.
2.2 Amendments, special right of termination. FBT may make amendments to these GTCs unilaterally at any time by notification in digital form (without any signature). They shall take effect at such time of posting on FBT’ platforms. It is the users responsibility to check this page periodically for changes. Users continued use of or access of FBT’ Platform following the posting of any changes constitutes acceptance of those changes. If the User does not consent to the amendment, user may not access the website or use any services, FBT reserves the right to block the User’s access in whole or in part and to terminate the Contract with the User without notice. Any other changes or agreements between the User and FBT deviating here from must be made in writing to be effective. Mail to: email@example.com
2.3 Priority, interpretation. The legal relations between FBT and the User are governed by the following legal bases: 1. Mandatory law, 2. These Terms and Conditions of Use/GTCs . Miscellaneous. In the event of any conflict between these legal bases, the legal basis which is earlier in priority shall take precedence over those legal bases which follow it.
2.4 "Written form" means that the declaration must be signed (e.g. a copy/scan of a letter personally signed and sent by e-mail or post). Where written form is required, the cancellation or amendment of the written form clause shall likewise only be valid if given in written form. For complying with mere text form, an e-mail without signature will be sufficient if that e-mail obviously originated from the registered e-mail address.
2.5 " accuracy, completeness and timeliness of information" FBT is not responsible if information made available on FBT’ Platform is not accurate, complete or current. The material on FBT’ Platform is provide for general information only an should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Occasionally there may be information on FBT’ Platform that contains typographical errors, inaccuracies or omissions. FBT reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the FBT’ Platform is inaccurate at any time without prior notice. FBT undertakes no obligation to update, amend or clarify information on FBT’ Platform, except as required by law.
2.6 " Third party links"
Certain content, services and information on FBT’ Platform may include materials from third-parties. Third-party links on FBT’ Platform may direct the user to third-party websites that are not affiliated with FBT. FBT is not responsible for examining or evaluating the content or accuracy and FBT does not warrant and will not have any liability or responsibility for any third-party materials, information or websites, or for any other materials, products, or services of such third-parties. FBT is not liable for any harm or damages related to users participation in any third-party events and/or your use of any goods, services, resources, content, etc., of such third-party. Please review carefully the third-party's policies, terms, conditions and practices, including the third-party privacy policies, and make sure you understand them before you engage in any transaction or participate in any third-party events. Complaints, claims, concerns, or questions regarding third-party events or services must be directed to the third-party.
3. User’s Account, contract formation, Registration process, Contract term
3.1 User’s Account. In order to be able to avail oneself of the Sessions provided via the FBT Platform, Users must register on the FBT Platform (“Registration”) and FBT must activate the User’s access to the FBT Platform (the “User Account”). A User may only register on the FBT Platform in his own name and must be at least 16 years of age. The User Account is transferable only with FBT’ consent. FBT reserves the right to reject a Registration by Users without the need to state grounds of rejection. This applies particularly in cases where a User does not meet the above-referenced minimum age requirement. The User’s data which has been transmitted will in such case be promptly deleted. FBT is furthermore also entitled to block a User Account at any time. Users have no legal entitlement to a User Account.
3.2 Contract formation, Registration process. Registration is carried out via an online form in which the User fills in the data requested (specifically: given name and surname, e-mail address, telephone number). User or Trainer may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead FBT, Trainer or third-parties as to the origin of any comments. The completion of the Registration form and forwarding of the form to FBT constitutes a mere offer by the User to FBT to conclude a contract for the use of the FBT Platform. The Contract then only arises at such time as FBT activates the User Account in line with these GTCs (hereinafter the “Acceptance”). Where the Registration is not fully completed (e.g. because a mandatory field is not completed or the GTCs are not accepted or the Privacy Statement is not acknowledged), no Contract will arise between the User and FBT. Following completion of the Registration, the User may use the FBT Platform on an unlimited basis subject to these GTCs. Absent a Registration, the FBT Platform may only be used to a very limited extent.
By signing-up on a FBT Platform user agrees to receive email communications concerning and/or related to the subject matter of FBT’ products, services, upcoming Sessions or events, Your purchased Sessions, or changes in timing such Sessions or events. FBT may also include, in those email communications, information concerning third-party programs and services (e.g.,promotions concerning Third-party programs, products or services).
3.3 Contract term, termination. Contracts are made for an indefinite term. User has the right to request access to the personal data we have of the user. User can do this by email FBT ( firstname.lastname@example.org ). In order to comply with users request, FBT may ask user to verify users identity. In accordance with our routing record keeping, FBT may delete certain records that contain personal information user has submitted through one of FBT’ Platforms. FBT is under no obligation to store such personal information indefinitely and disclaim any liability arising out of, or related to, the destruction of such personal information.
Both Parties have the right at any time to terminate the Contract (directly via the FBT Platform). Deletion of an entire User Account in addition to termination is covered by the Privacy Statement. In any event, it is deemed to simultaneously terminate the Contract. If the User gives notice of termination, this happens in a (2-step process FTB Platform + E-mail confirmation), then all Bookings which may have been previously made will lapse. If FBT terminates the Contract, FBT shall endeavor to ensure that the User is nevertheless still able to avail himself of the Booking.
4. Obligations of User
4.1 Use of User Account. Users have a duty to keep the data they have entered on the FBT Platform updated at all times. Users have the duty to keep their access data secret. Access to the FBT Platform may not be given to third parties either for consideration or gratuitously. If the User should learn that a third party has access to his User Account, he must promptly inform FBT thereof by e-mail to email@example.com . The User shall be liable to FBT for any losses incurred through impermissible disclosure of access data. In addition, in the event that a third party uses a User’s access data, the acts of such third party taken on the FBT Platform shall be imputed to the User as if they were the User’s own actions (in particular: Bookings).
4.2 Unlawful data processing. No defamatory, insulting or other unlawful or questionable communications or data (in particular: in connection with any type of pornography, threats of violence of glorification of violence, Visual or music intellectual protected video or music (without a license) and any political or religious extremism, viruses, spyware, Trojan horses etc.) may be uploaded or listed to the FBT Platform. Users are likewise prohibited from placing any sensitive data (data of natural persons regarding their racial or ethnic origins, political opinions, trade union affiliation, religious or philosophical beliefs) and health-related data on the platform.
As a user or Trainer you agree that your participation on the FBT Platform will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. FBT takes no responsibility and assume no liability for any comments posted by users or any third-party.
Users undertake that they shall only process personal data on the FBT Platform with the express consent of the data subject.
4.3 Ratings, recommendations, advertising. Ratings of Trainers are based on FBT’ own rating system, and specifically on the pooled experiences of Users. All further information regarding an Trainer originates with that Trainer itself. Evaluation reports and recommendations by Users on the FBT Platform must comport with the facts and be worded in as neutral a manner as possible. However, every type of advertising on the FBT Platform, whether direct or indirect, concealed or disclosed, is prohibited. This also includes publication/disclosure of e-mail addresses, telephone numbers, links to third-party websites, logos, company names, product names, content with a commercial background.
5. Remuneration, prices, Bookings, payment, cancellation, misuse
5.1 Remuneration of FBT. The use of the FBT Platform is free of charge to the User (however, see special rule regarding Marketplace Offerings).
5.2 Prices of Trainers. The prices indicated on the FBT Platform for Sessions are end prices and specifically do include the statutory value added tax. The prices originate exclusively with the Trainer. FBT disclaims all liability for these details.
5.3 Booking. Every Booking or Booking query by the User on the FBT Platform is forwarded by FBT to the Trainer in its capacity as a legal messenger, either by e-mail or directly via the FBT Platform. Bookings only are valid and effective at such time as a corresponding confirmation of the Booking is received. The confirmation of the Booking is shown either directly by FBT on its platform or forwarded by e-mail; however, FBT does not assume any liability for the User’s receipt of e-mail.
5.4 Payment. Users must pay the price for Sessions booked by them at the prices indicated by the Trainer on the FBT Platform. There are various methods of payment at various rates available for this purpose. If the Trainer becomes insolvent before the User has availed himself of the Sessions which he has already paid for via FBT, then the User will only receive a refund of the charge from FBT if FBT has not yet forwarded the payment to the Trainer. Thus, the User bears the risk of the Trainer’s creditworthiness.
5.5 Cancellations. As a basic rule, the User must assume that a Booking cannot be cancelled. However several Trainers do not grant cancellation, FBT offers cancellation in following certain circumstances. When a trainer has changed the time of the Session after you have already Booked, you may request a cancellation by email before the class starts. When a Trainer did not show up for the Session, You can file a complaint through the rating link the user receives by email after the Session time ended. FBT will investigate, and if more users have the same complaint FBT will first contact the trainer, and then decide to make a refund under FBT s own discretion.
All complaints or requests for refunds must ben done within 12 hours after the official Session time ended.
Cancellation following expiry of the cancellation period is not possible.
5.6 Cancellation in the event of misuse of gratuitous services. In order to prevent Users from misusing services of Trainers which are exceptionally provided free-of-charge and not to charge incorrect Bookings to Trainers, FBT reserves the right to cancel a reservation. In such cases, the User shall have no claim to avail himself of the Sessions. The same applies if Bookings have repeatedly been made in the past under the e-mail address given by the User and the User has failed to avail himself of the free Sessions.
6.1 Counterparty for Sessions. Contracts for the use of the specific Sessions are formed exclusively between the User making the Booking and the Trainer offering it. All claims and obligations under such agreements shall be directly and exclusively between the User and the Trainer. To such extent, FBT also disclaims all liability in the event an Trainer has not attended the Sessions or if the quality of Trainers performance was not up to users expectation.
6.2 Based on the qualities/characteristics of software and of online applications, FBT is unable to furnish any guarantee that the FBT Platform will be available and capable of being accessed on an ongoing and continuous basis. FBT may at any time restrict the availability of the FBT Platform or particular areas or features if this is necessary in respect of capacity limits, security or the integrity of its servers or in order to perform maintenance work safeguarding the proper or improved functionality of the FBT Platform. FBT may, from time to time, make changes, further development or restrictions to its FBT Platform.
6.3 Liability. The content on FBT’ Platforms is provided for entertainment purposes only. The FBT Platform and content are provide on an “as is” and “as available” basis.
The use of FBT’ Platform is at your own risk. FBT nor FBT’ Platform provides medical advice. FBT’ Platform is for users educational use only.
User acknowledges that participation in a Session could result in exposure to bodily injury, illness, loss or death, as well as property losses and/or damages to property.
The user hereby agrees as follows :
1° User acknowledges and understands that participating in one of the Sessions on FBT’ Platform could result in the exposure to bodily injury, illness, loss or death, as well as property losses and/or damage to property.
2° User hereby voluntarily for myself, my spouse, assignees, guardians or personal representatives, from the date of entry into this Waiver and Release, hold FBT and the Trainer teaching Sessions I participate in, as well as their agents, employees, officers and directors.
3° In the event the user is injured, user voluntarily agree to assume any financial obligation, eighter through personal health insurance, or through some other means, for any medical cost which I incur and FBT, its parent, and the Trainer teaching the Sessions assumes no responsibility for any medical expenses, injury or personal damage suffered by user in connection with the use of any FBT services.
4° User herby voluntarily assumes all risk of damage or loss to users property while participating in one of the Sessions and relieve FBT, its parent, and the Trainer teaching the Sessions from liability for any and all property damage or loss.
If you have or suspect that you have a medical condition, please contact a qualified health care professional immediately.
FBT does not make any representations or warranties that (a) the FBT Platform or content will meet users requirements or expectations; (b)any particular results will be obtained from the use of FBT’ Platform (c) FBT’ Platform or server that make the FBT’ Platform available are free of viruses or other harmful components. The above exclusions apply to you to the extent permitted by applicable law.
In no case shall we (FBT), our parent, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the site or any services offered thereon (or any third-party events, products or services referenced or promoted thereon), or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the site or any content (including any third-party event, product or service referenced in such content) posted, transmitted, or otherwise made available via any FBT’ Platform, even if advised of their possibility. Because some jurisdictions do not allow for the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In case any Sessions require an Online Performance license such as a Online music license or intellectual property license, the user or Trainer posting this information is liable, and is required to have such licenses. FBT is not liable for any content Trainers or users are posting on FBT’ Platform.
7. Final provisions
7.1 No assignment. The Trainer is prohibited from assigning receivables and other claims against FBT.
7.2 Law. Hongkong law shall govern exclusively, to the exclusion of any conflicts-of-law provisions.
7.3 Jurisdiction and venue. If the User is acting as a consumer, he is deemed to consent for purposes of all disputes arising out of the legal relations or future legal relations or other claims between FBT and the User to the exclusive jurisdiction of the Hongkong courts. This means that the User may assert a claim against FBT before any court in Hongkong. If FBT wishes to assert its rights against the User as a consumer, FBT may only do this before the courts with jurisdiction over the User’s place of habitual residence.
7.4 Conciliation. FBT is required to refer European Users to the online platform of the European Commission for online conciliation. That platform may be accessed at http://ec.europa.eu/consumers/odr. However, FBT is neither willing nor obliged to participate in any dispute resolution proceedings before a consumer ombudsman to settle disputes with consumers.
7.5 Severability clause. In the event that individual terms of this Contract should be or become invalid or unenforceable in whole or in part, or in the event that this Contract is deemed to contain a contractual gap, the validity of the remaining terms hereof shall not be affected thereby. In place of the invalid, unenforceable or missing term, the Parties are deemed to have agreed such valid and enforceable term with retroactive effect between the Parties to the Contract as they would have agreed to, taking into account the commercial purpose of this Contract, had they been aware of the invalidity, unenforceability or absence of the relevant term when concluding this Contract. The Parties are obliged to confirm any such term in the form required.
User and Trainer agree to indemnify, defend and hold harmless FBT, and it’s Parent, subsidiaries, Trainers, affiliates, partners (including third-parties), officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
8. The User hereby confirms that he had the opportunity to fully acquaint himself with the contents of these Terms and Conditions of Use/GTCs prior to contracting and also had the option to store them in a permanent fashion and is in agreement with the content of these Terms and Conditions of Use.
8. User acknowledge and agree that clicking on a “Sign-Up” button and signing up for an account on FBT’ Platform, use is submitting a legally binding electronic signature and is entering into a legally binding contract. Use acknowledge that users electronic submission constitutes its agreement and intent to be bound by these terms.