Annex 1 - Terms and Conditions for Subscription Service

Annex 1 – Terms and Conditions for Monthly Subscription

1.     General

  • The subscription plan to our Services consist of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
  • The monthly subscription starts the next day after the subscription purchase, recurring payment will be performed automatically every month on the same day (or the last day of the month) as the previous subscription purchase. 
  • By subscribing to our Services, you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you, on the subscription terms set out in the application form you have completed. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
  • This Terms and Conditions cannot be sold, assigned or transferred by the Merchant/Advertiser/Agent, save and except Merchant/Advertiser/Agent may assign to its own subsidiaries.

2.     Payment, Changes and cancellations

  • HeyChoices may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before HeyChoices reasonably could act.
  • To terminate your authorisation/ cancel you subscription , you must either log into your HeyChoices account page and enter "manage my subscription" to perform such action, or by submitting such request 7 working days before your next payment is due to be collected, to HeyChoices at info@heychoices.com or whatsapp +852 63666075.
  • To change your payment method, you must log into your HeyChoices account page and edit payment method. HeyChoices cannot alter or cancel this for you.
  • All payment transferred must not be refunded.
  • All finished materials in digital format must be submitted to HeyChoices, through email or cloud storage upload as requested by HeyChoices, at least 7 working days in advance of commencement of the subscription package. Once accepted by HeyChoices, the materials shall not be changed or modified by the Merchant/Advertiser/Agent without the approval of HeyChoices. All changes must be received by HeyChoices at least 3 working days in advance of the requested change date in writing and acknowledged by HeyChoices.

3.     Media formats and booking arrangements

  • For Merchant Listing Photos, only square and horizontal photos will be displayed. For vertical photos received by HeyChoices, they will be combined into square or horizontal photos and displayed without further notice.
  • For details of other media formats, please follow the instruction as laid down in the cloud storage upload channel as shared by HeyChoices.
  • HeyChoices reserves the right to accept or reject placement of any advertisements and also the rights for the final approval of the images/use of words in banner ads.
  • The advertisement must clearly identify the Merchant/Advertiser/Agent. Any advertising that could be misconstrued as editorial content will be clearly label as Advertisement.
  • All bookings will be accepted on a first-come-first-served basis. Advertisement based on standard rates will have the first priority, and special packages will be accepted subject to availability.
  • HeyChoices’s record of posting of the advertisement on the media platform shall be binding and conclusive.

4.     Rights and obligations

  • The Merchant/Advertiser/Agent shall:
    • Agree to the tentative media schedule upon payment transfer and submit all materials to HeyChoices on a timely manner. Re-scheduling can be made with at least 10 working days prior notice and HeyChoices reserves the right to charge the Merchant/Advertiser/Agent should there be any media re-scheduling applied within 10 working days.
    • Review all designs and production works completed by HeyChoices within 3 working days from the date of submission. The Merchant/Advertiser/Agent agrees that HeyChoices can publish the advertisement or launch the campaign if no comments are received by HeyChoices after the mentioned due date.
    • Comply with all applicable laws and regulations including the requirements under the Personal Data (Privacy) Ordinance and the Unfair Trade Practices (Amendment) Ordinance.
  • The Merchant/Advertiser/Agent acknowledges and agrees that:
    • It is not HeyChoices's policy to exercise any editorial control or amend any of the materials that are provided by the Merchant/Advertiser/Agent.
    • The acceptance of the materials by HeyChoices shall not affect the Merchant/Advertiser/Agent's obligations, responsibilities and warranties under these Terms and Conditions and shall not diminish any of HeyChoices's right against the Merchant/Advertiser/Agent.
    • For any design or production works wholly or partially developed or completed by HeyChoices, the intellectual property rights relating thereto shall remain with HeyChoices and the Merchant/Advertiser/Agent shall not use such design and production works without the prior written consent of HeyChoices.
  • The Merchant/Advertiser/Agent warrants that:
    • All representations and statements in the materials provided to HeyChoices are true and correct and no advice or instruction in the materials will, if followed or implemented by any person, cause injury, loss or damage to that or any other person.
    • None of the materials will contain any statement which is obscene, indecent, defamatory or offensive.
    • The materials will not infringe any third party's copyright, trade mark, patent or any other proprietary or contractual right.
    • All consents and permissions required from third parties for the materials have been obtained.
    • The Merchant/Advertiser/Agent is (and shall remain throughout the Term) entitled to grant the licenses and authorizations provided for in the above free of all liens, claims and encumbrances.
    • The Merchant/Advertiser/Agent licenses and authorizes HeyChoices, and to permit others authorized by HeyChoices to digitize, reproduce, make an adaptation of the materials and to include and transmit the same on the media platform for distribution over the Internet.
    • The Merchant/Advertiser/Agent should not use any of the HeyChoices’s trademarks or trade names which resemble any trade mark or trade name of HeyChoices so as to be likely to cause confusion, dilution or deception or to be taken as indicating or be likely to be taken as indicating a connection or association between the Merchant/Advertiser/Agent and HeyChoices.
    • The Merchant/Advertiser/Agent shall indemnify and keep HeyChoices indemnified against all reasonable costs, claims, damages and expenses (including but not limited to any properly incurred legal costs and attorney’s fees) directly arising out of the copying, printing, distributing, publishing of Merchant/Advertiser’s/Agent’s advertisement, the Merchant/Advertiser's/Agent’s non-compliance with any of the Terms and Conditions herein or any breach or inaccuracy in any of the Merchant/Advertiser/Agent's representations and warranties contained herein.
  • HeyChoices hereby:
    • To the extent permitted by law, does not make any express or implied representation or warranty in relation to the operation or standard of quality of the media platform.
    • Reserves the right at all times:
  • To reject the materials and may not accept the materials unless they are amended to the reasonable satisfaction of HeyChoices or may reject any accepted Advertisement/Agents without the obligation to give any reason.
  • To amend or remove the advertisement from the media platform if circumstances arise which in HeyChoices's sole opinion makes such action advisable, appropriate or necessary.
    • Excludes any liability for:
  • Any delay in performance of its obligations under this subscription caused whether directly, indirectly, wholly or partially, by matters beyond its reasonable control.
  • Any direct or indirect or any consequential loss or damage or for any loss of profit or business suffered by the Merchant/Advertiser/Agent.
    • Notwithstanding Clause 5.4.3, restrict HeyChoices’s liability in respect of each event or series of connected events in connection with this subscription  to not exceeding the amount of fees paid by the Merchant/Advertiser/Agent and received by the Company under this subscription .
    • Has the right to terminate this subscription  forthwith (by giving written notice to the Merchant/Advertiser/Agent or upon termination of the subscription  and shall be entitled to remove the advertisement from the Site, if the Merchant/Advertiser/Agent:
  • Commits any breach of any of the provisions of these Terms and Conditions and fails to remedy the same within 7 days after receipt from HeyChoices of a written notice giving particulars of the breach and requiring it to be remedied.
  • Ceases, threatens to cease or seems likely in the sole opinion of HeyChoices to cease carrying on business.

Applicable representations, warranties and indemnities contained in the clauses above shall survive the termination of the advertisement or expiration of the subscription .

5.     Confidentiality

  • The information contained in this presentation is confidential and proprietary information of HeyChoices (“Confidential Information”). The Confidential Information is disclosed to you solely for the purpose of evaluating certain sales and promotion proposal made by HeyChoices to the Merchant/Advertiser/Agent. The Merchant/Advertiser/Agent agrees to hold the Confidential Information in confidence and will not use the Confidential Information for any other purpose other than for the purpose specified above. For avoidance of doubt, Confidential Information shall not include information which:
    • Is in or enters the public domain, other than by breach of this Agreement;
    • Is known to the receiving party on a non-confidential basis prior to disclosure by the disclosing party pursuant to this subscription ;
    • Is or has been lawfully disclosed to the receiving party by a third party without an obligation of confidentiality; or
    • Has been independently acquired or developed by the receiving party without breaching any of its obligations under this subscription .

6.     Governing Law and Jurisdiction

  • These Terms and Conditions are governed by and shall be construed in accordance with the laws of Hong Kong SAR and the parties hereby irrevocably submit to the exclusive jurisdiction of the Hong Kong SAR courts.

7.     Others

  • The subscription does not create any rights or benefits enforceable by any person not a party to it (within the meaning of the Contracts (Rights of Third Parties) Ordinance (Cap. 623).
  • If there is a Chinese version of this Terms and Conditions and should there be any discrepancies between it and the English version, the English version shall prevail.
  • Given or made by letter, 3 days after mailing to the address shown
  • Given or made by facsimile, upon receipt of a printed transmission report confirming receipt
  • Given or made by e-mail, upon receipt of a message confirming receipt

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(updated: 1 Jan 2022)