Terms and Conditions

The Terms and Conditions stated therein (collectively, the "Agreement") constitute a legal agreement between you and JobsQhk Quotation Matching Platform (“this website”, “we”, "our") stating the Terms and Conditions that govern your use of any services and properties such as websites or applications (“the Platform”) owned and operated by us. In order to use the services and properties of the Platform, you must agree to the Terms and Conditions that are set out below. By using or receiving any services supplied to you by the Platform, you hereby expressly acknowledge and agree to be bound by the Terms and Conditions set forth in this Agreement. If you do not agree to these Terms and Conditions, do not access or use the Platform. We reserve the right to update and/or modify the Terms and Conditions of this Agreement at any time, effective upon posting of this Agreement on the Platform. Additionally, we reserve the right to refuse access to and use of the Platform under this Agreement.

1. Eligibility

Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.

2. The Platform’s Role and Relationship with Users

We are an online web and mobile application that connects users requesting business quotation (known as “End Users” thereafter) with users who provide business quotation (known as “Provider” for singular and “Providers” for plurals thereafter). Business Quotations are defined as services/products available for request via the Platform. End Users and Providers (collectively, “Users”) acknowledge and agree that the Platform is solely a venue for communications.

3. No Guarantees or Endorsements for Services Provided by Providers

We do not guarantee that Providers will be punctual, or will attend any of the scheduled appointments, as Providers are not our employees, contractors or agents, nor are we an agent for the Providers, unless otherwise indicated.
We make no guarantees or representations regarding the skills and/or the outcome or quality of services/products performed/sold by Providers. We do not endorse or recommend the services/products of any particular Providers. Any reference on the Platform is not an endorsement, certification or guarantee by us. Additionally, we reserve the right not to issue or to remove without notice to Users for any other reasons requiring its removal by us. End Users should exercise due diligence and caution when deciding to hire Providers.
We are not responsible for the performance of services/products performed/sold by Providers. In terms of the provision of Business Quotations by Providers and all other related matters, End Users contract directly with Providers, and their contractual rights are governed by the contractual terms between them and by applicable laws.

4. Release from Damages or Claims between End Users and Providers

Where End Users have a dispute with Providers, the former should address such disputes with the Provider directly. Users hereby agree to release us (and our officers, directors, affiliates, employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such dispute. To the extent that the Platform connects an End User to a Provider for the purposes of providing or obtaining business quotation, we will not be responsible for assessing the suitability, legality or ability of any Providers and you expressly waive and release us from any and all liability, claims or damages arising from or in any way related to the Providers.

5. Fees, Charges and Taxes

Providers acknowledge and accept that they shall be liable to pay for every bid that they place on the Platform. The fees are exclusive of all sales, good and services tax, as well as charges of fees enacted in the future. Providers shall be liable to pay Goods and Services Tax (“GST”) and any other applicable tax or statutory levies on the amount of fee at the prevailing statutory rate. It is free of charge for End Users to submit business quotation requests on the Platform. The transaction for payment between End Users and Providers takes place offline and not through the Platform.
We use third party services to process credit card payments. A valid credit card is required for Providers to pay the fees. By inputting the details of a valid credit card onto the Platform, Providers agree and authorize us to automatically charge fees to such card. While we do not store your credit card information, the credit card information may be encrypted and stored securely at a PCI-Compliant third-party payment service provider for your next payment.
The pricing of each business quotation requested by End Users is mainly based on the estimated market price of such request and we will apply 1% to the estimated market price to be the fees.
We reserve the right to suspend the processing of any transaction or disable or limit the use of the credit card in the event of any error in transaction which results in decline or chargeback from the financial institution or where we reasonably believe that the credit card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of the Terms of Use. You agree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place. You shall be responsible to resolve any disputes with your credit card company on your own.
Additionally, we reserve the right to penalize Providers in breach of this Terms and Conditions, e.g. by suspending their accounts, without prejudice to other measures that we are entitled to take against Providers in breach. Such Providers are liable to be punished with a fine, including but not limited to an account re-activation fee for the re-activation of an account that has been de-activated due to Providers’ violation of the Terms and Conditions.
Payments are not refundable under any circumstances, including but not limited to the termination of accounts and cancellation of services.

6. Your Use of the Platform and Prohibited Uses

As a User of the Platform, you agree to comply with the Agreement and all applicable laws and regulations. You undertake not to misuse or attempt to misuse or circumvent the Platform, or are using or attempting to use the Platform for any unlawful, immoral, inappropriate purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming. You may not use the Platform to recreate or compete with us, or to solicit or harass other Users, or for any other purpose not contemplated herein. You are prohibited from advertising or soliciting services not within the ambit of any of the services/products offered by the Platform at the material time when the advertisement or solicitation was publicized.
All personal information about Users is confidential, and you may not collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to us for any such damages, and will indemnify us in the event of any third-party claims against us based on or arising from your violation of the foregoing. Additionally, we reserve the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies, for your misuse or suspected misuse of the Platform.

7. Information provided to us

Upon using the service on the Platform, End Users will be prompted to disclose certain information about yourself and your quotation requested, while Providers will be prompted to disclose certain business/personal information and information about your expertise. You will be able to store some of the information on the Platform. Some of the information provided will be shared with other Users. By providing the information to the Platform, or by submitting a business quotation request, you expressly request and expressly consent to being contacted by us and by Providers via phone, email, mail text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, in order that we may perform its role of connecting End Users with Providers, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your business quotation request and our business, including marketing related emails. For more information on our use of your information, please refer to our privacy policy.
By completing a business quotation request, End Users promise that all information provided (including but not limited to your contact information) will be accurate, current and truthful to the best of your knowledge. By registering as a Provider, Providers are obliged to ensure that the information provided are accurate, current and truthful to the best of their knowledge during the term of his registration. If you provide any information that is untrue, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any current or future use of the Platform (or any portion thereof) by you. You are responsible for maintaining the security and confidentiality of your account. As such, we shall be entitled to assume that any person using the Platform with your log-in identity and password is you or your representative, and you are liable for any damages arising out of any unauthorised use of the Platform by persons to whom you intentionally or negligently allow access to your account.
To knowingly input false information, including but not limited to name, phone number, address or e-mail address is a very serious and fraudulent matter that could result in significant costs and damages including invasion of privacy rights, to us and its Providers, and its End Users, as well as the loss of time, effort and expense responding to and pursuing such false information and request, and further, could result in regulatory fines and penalties. Accordingly, we reserve all rights to penalize Users for providing falsified information on the Platform, and/or to require these Users to pay for the actual, direct, punitive and consequential damages, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto, whichever is greater.

8. Contact between Us and our Providers with End Users

8.1 WhatsApp/SMS Messaging

By submitting a business quotation request, End Users agree that we and its Providers may send you WhatsApp or informational text (SMS) messages as part of our normal business practice. You acknowledge that by opting out of receiving WhatsApp or text (SMS) messages from us and its Providers, your use of the Platform may be impacted.

8.2 Email

Likewise, by submitting a business quotation request, End Users agree that we and its Providers may send you emails as part of our normal business practice. These emails may be used as part of our normal business practice, including but not limited to, marketing, relationship communications and transactional confirmations.

9. User Generated Content

You agree that all of the content and information posted by you or your agents or designees, on the Platform, including but not limited to:
Photographs or Images;
Comments, Questions and/or Answers; and
Any other content (collectively ”Content”) may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works from, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout any jurisdiction in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.

Grant of License
You hereby grant us and our Users an irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertisements near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Platform in any manner that we deem appropriate or necessary, including, if submitted, your name, and likeness throughout the world. Users agree that the license granted to the Platform shall be perpetual, and shall not be affected by the termination of the Platform or their account.

Representation of Ownership and Right to Use Content
By posting or providing any Content to us, you represent and warrant to us that you own or have all necessary rights to use the Content, and grant to us the rights set out above. The forgoing representation includes, but is not limited to, a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by a copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.

Content Guidelines
We reserve the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on the Platform, at any time and without prior notice, if we determine in its sole discretion that such content contains or features any of the following:
Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g. racist/discriminatory speech);
References to illegal activity;
Language that violates the standards of good taste or the standards of the Platform;
Statements that are or appear to be false;
Comments that disparage the Platform.

10. Articles and Other Content

We provide content relating to the services offered by Providers in the Platform. Such contents are provided “as is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.

11. Links to Third Party Sites

Links (such as hyperlinks) provided on the Platform do not constitute the endorsement by us of those sites or their content. Such links are provided as an information service, for reference and convenience only. We do not control any such sites, and is not responsible for their content or any changes or updates to such sites. The existence of links on the Platform to such websites (including without limitation external websites that are provided by Providers, as well as any advertisements displayed in connection therewith) does not mean that we endorse any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
The use of any website controlled, owned or operated by third parties is governed by the Terms and Conditions of use and privacy policies for those websites, and not by our Terms and Conditions. You access such third-party websites at your own risk. We expressly disclaim any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Platform. You hereby agree to hold us harmless from any liability that may result from the use of links that may appear on the Platform.

12. Disclaimer of Warranties

12.1 Use of the Platform is entirely at Users’ own risk

The Platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranties or representations about the accuracy or completeness of the content provided through the service or the content of any sites linked to the service and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. Except as expressly set forth herein, we expressly disclaim any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose. The Terms and Conditions will inure to the benefit of our successors, assigns and licensees. If any provision of these terms and conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of us to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The section titles in the terms and conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions constitute the entire agreement between you and us, and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.

12.2 No joint venture, agency, or employment

Users do not have authority to enter into contracts or commitments, whether written or oral, implied or express, on behalf of us. You acknowledge that we do not supervise, direct, or control a Provider’s service/product performed/sold in any manner. Providers may voluntarily wear our uniform or badges purely for the purpose of identifying themselves as a service person contacted through the Platform or advertising and promotion service in exchange for monetary benefits. You understand and agree that if we are found to be liable for any claim in connection with your use of Business Quotation, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon. You further agree to indemnify, hold harmless and defend us from any and all claims that a Provider was classified as an independent contractor or an employee, any claims that we were an employer or joint employer of a Provider, and any claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, overtime pay, MPF, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, or any other employee benefits.

13. Exemption and Limitation of Liability

You acknowledge and agree that we are only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold us, its affiliates, its licensors, its clients in promotions, sweepstakes or contests, or any of such parties’ agents, employees, officers, directors, corporate clients, or users liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your or any other party’s use of or inability to use the service, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or service provided by us or its affiliates or licensors and any destruction of your information.
Under no circumstances will us, its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate clients, or users are liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the services, even if advised of the possibility of the same.
We do not accept any liability with respect to the quality or fitness of any work performed via the platform.
If, notwithstanding the foregoing exclusions, it is determined that we or its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate clients, or users are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to the company during the three (3) months prior to the time such claim arose.

14. Indemnification

You hereby agree to indemnify, defend, and hold harmless us, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’, investigators’, and experts’ (or similar) fees, disbursements and costs incurred, in connection with (i) your use or inability to use the Platform, in connection with the Platform, with regard to any dispute between you and a Provider, or your violation of these Terms and Conditions, or arising from your violation of any rights of a third party. We reserve the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without our written consent.

15. Arbitration

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this clause. The appointing authority shall be Hong Kong International Arbitration Centre (HKIAC). The place of arbitration shall be in Hong Kong at HKIAC. There shall only be one arbitrator. The languages to be used in the arbitral proceedings shall be English and/or Chinese.

16. Governing Law

This Agreement is governed by and shall be construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China. The Hong Kong courts are to have non-exclusive jurisdiction to settle any disputes or claims which may arise out of or in connection with this Agreement for which purpose each party agrees to submit to the jurisdiction of the courts of the Hong Kong Special Administrative Region of the People’s Republic of China.