Terms and Conditions
Terms and Conditions
Before you access our Product, or download any content or make an enquiry from our website, we will ask you to give your express agreement to the terms and conditions. If you do not agree to this terms and conditions, you must not proceed for any purpose whatsoever.
Terms and Conditions govern the relationship and engagement of users (referred as you) with Aloha Group (collectively referred as we/ our/ us) for the Service.
Your use of the Service means your acceptance, adherence and compliance with the terms and conditions.
UNLESS OTHERWISE EXPRESSLY STATED, THE FOLLOWING DEFINED TERMS SHALL HAVE THE FOLLOWING MEANINGS:
“Aloha Group” means the relevant Service provider for Customer’s chosen Service as set out in the Terms and Conditions, and Service Order, as Aloha Group Limited
“Customer” means any person including any individual, corporation or unincorporated body who apply for or use any of the Service of Aloha Group or to whom Aloha Group has agreed to provide Service.
“Product” means all platforms and tools developed and owned by Aloha Group, including Site Health Enhancer (S.H.E.), Quanery, Quanery Lite, and Revamplify, as well as all future developments.
“Service” means all services, tools and websites provided by Aloha Group including Product, digital marketing proposals, websites, add-ons, extensions, blogs and other services.
“Service Order” means any registration form signed by any Customer for the subscription of Service or modification to Service, any service order issued by the Customer to Aloha Group Limited for the delivery of Service or modification to Service, any quotation or agreement signed by the Customer and returned to Aloha Group Limited.
“Subscription License” means a single Username with a single Licence Key for the use by the User until the licence expiry date.
“User” means a group of people designated by Aloha Group Limited to access and use the Product under each Licence.
1. Subscriptions & Fees
Service is offered as either free, paid or freemium models. The fee is governed by the Service Order effective in each Service. All applications for the Service shall be subject to review and acceptance by Aloha Group.
For Product, the fees are charged on subscription basis and billed in advance on recurring in defined frequency as monthly, yearly or any other specified frequency in Service Order. The price and frequency of the billing depends on the selected subscription plan. Aloha Group reserves the right to decline refund requests if we detect extremely high activity on your account within this time.
The Subscription License is attached to User’s account (email). You can cancel your subscription any time. You can transfer your subscription, if transfer is applicable for your subscribed plan, by contacting our support team.
2. Invoicing, Payment and Dispute
Aloha Group may with or without the assistance of billing agent issue monthly invoices with a list of all charges incurred by Customer in relation to Customer’s use of the Service during the period specified in each invoice to Customer. Customer acknowledges and agrees that not all of the Service used during the period covered by an invoice may be included in that invoice and that Aloha Group may include the charges for such usage in any subsequent invoice.
With respect to the charges specified in the invoice, Customer agree to the following:
- a) pre-determined non-recurring charges are payable by Customer in full upon signing of the Agreement, and other charges are payable by Customer in full on or before the specified due date or within thirty (30) days after the date of the invoice, whichever is earlier; and
- b) all payments by Customer shall be made in the currency indicated, and paid by direct debit or other manner as specified in the invoices.
In the event that Customer disputes any portion of an invoice, Customer must first pay the entire amount and submit a written claim for the disputed amount specifying the date, the invoice number, the amount in dispute, the reason for the dispute and relevant supporting documentation within fifteen (15) days after the date of the invoice. In the event of any dispute between Customer and Aloha Group relating to any charges invoiced by Aloha Group, the books and records of Aloha Group shall be conclusive evidence of those charges payable by Customer.
Late payment shall incur interest on the full outstanding amount of the applicable invoice at the rate of four per cent (4%) per annum above the HSBC Hong Kong base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount. Aloha Group reserves the right to charge Customer an administrative charge and any applicable costs and expenses (including but not limited to legal costs) for recovery of late payment.
Aloha Group may impose a credit limit for the account of Customer as determined by Aloha Group from time to time at its sole discretion. When the outstanding Charges payable by Customer has exceeded such credit limit, Aloha Group shall be entitled to suspend or terminate the Agreement and/or the provision of the Service to Customer.
Aloha Group may employ any person, including but not limited to any debt collecting agency or institutions, to collect on its behalf any outstanding sum owed by Customer to Aloha Group, in which case Aloha Group shall not be liable for any act, omission, negligence or default of any such person. Customer shall be liable to reimburse Aloha Group for all expenses incurred by Aloha Group in employing such person. Customer hereby agrees that Aloha Group may collect, store and disclose details of and information relating to Customer (including any transactions and dealings between the Customer and Aloha Group) to any person appointed by it in accordance with this Clause and Customer agrees that any such person or entity may utilise such information in the course of any business carried on by such person or entity. Customer shall indemnify Aloha Group for all cost and expenses incurred by Aloha Group in employing such person.
When you use our Service, you create an account with Aloha Group. You must provide Aloha Group with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the login credentials that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
4. Warranties & Disclaimers
Your use of the Service is at your sole risk. The Service is provided on an “as-is” and “as-available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Depending on Service, it may be constituted of external systems and services (like Google’s G Suite platform, Cloud Platforms, APIs, environment etc.) and the availability may be directly impacted by external system’s availability. There is no guarantee or warranty for the service availability, up-time, and continuity.
Aloha Group Limited does not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
5. Usage Restrictions
Aloha Group grants Customer a non-exclusive, non-transferable, non-sub-licensable and revocable licence to use the Product for the purposes of receiving the Service prior to the expiration or sooner termination of the relevant Service, whichever is earlier.
Customer shall not:
- a) market, exploit or make the Product available to a third party or permit a third party to use the Product;
- b) modify, decompile, make derivatives, decrypt, reverse engineer or disassemble the program code or any other part of the Product or otherwise reduce the Product to human readable form to gain access to trade secrets or confidential information inside;
- c) make unauthorized copies of the Product;
Your subscription fee does not include Service support, however, the email effort support will be provided. Please use Contact Us to query or raise a support issue with us. You will get an automated acknowledgement immediately and will get a response within 7 business days. You can also reach us through email at firstname.lastname@example.org.
7. Intellectual Property
The Service and it’s internal contents will remain the exclusive property of Aloha Group Limited. You shall not attempt to unpack, reverse engineer, duplicate our Service. The Service is protected by laws of Hong Kong Special Administrative Region. Our brands and trademarks may not be used in connection with any product or service without the prior written consent of Aloha Group.
8. Limitation Of Liability
In no event shall Aloha Group Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Aloha Group may suspend, restrict, terminate or withdraw all or any part of the Service, one or more Services, or terminate the Agreement forthwith at any time without any compensation if:
- a) Customer has breached any provision of the Terms and Conditions;
- b) Customer has failed to make a payment in accordance with Clause 1 and 2;
- c) The provision of the Service would in the opinion of Aloha Group cause Aloha Group to be in breach of any laws of the Hong Kong Special Administrative Region;
- d) In the reasonable opinion of Aloha Group, Customer has used the Service in an illegal or dishonest manner, or is suspected to have infringed any intellectual property rights, or violated any duty or obligation in contract, tort or otherwise, to any third party arising out of or in connection with the use of the Service;
- e) The Service is no longer provided by Aloha Group;
- f) Aloha Group is prohibited from supplying or is unable to supply the Service under the laws of the Hong Kong Special Administrative Region and any applicable law in other territories;
- g) In the case of Customer becoming insolvent, subject to a winding up proceeding, has a receiver or liquidator appointed, is dissolved or in the process of dissolution, makes any arrangement for the benefit of creditors, or initiates or becomes subject to any other form of insolvency proceeding;
- h) In the reasonable opinion of Aloha Group, there is any misuse of the Service by Customer or any other User authorised by Customer; or
- i) Aloha Group is obliged to comply with an order, instruction or request of any competent government authority.
If Aloha Group has terminated or withdrawn supply of the Service due to above reasons,
- a) All Charges that have not been settled shall become immediately payable;
- b) Aloha Group reserves the right to refuse to reactivate the Service
- c) If Aloha Group subsequently agrees to reactivate the Service, Customer may be required to pay a reactivation fee in advance; and
- d) Aloha Group shall not be liable to any compensation to Customer.
In case of termination of one or more Services at any time for whatever reason:
- a) All outstanding Charges become due to Aloha Group and Customer shall pay all Charges for use of the Service up to and including on the date of termination, the applicable Cancellation Charges and all other applicable outstanding charges to Aloha Group;
- b) Customer shall cease to use all Service provided by Aloha Group
- c) Any right and/or licence granted by Aloha Group to Customer to use the Product should cease immediately
10. Use of Personal Data and Information
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
These Terms and Conditions are governed by the laws of the Hong Kong Special Administrative Region and the courts have exclusive jurisdiction in any dispute arising out of or in connection with your use of the Service.
If you have any queries or complaints regarding the Service or these Terms and Conditions, please contact us at Unit 316, 3/F, Innocentre, 72 Tat Chee Avenue, Kowloon Tong, Hong Kong.