1. Acknowledgements and Acceptance of Terms
Whizpa Limited (“we”, “us”, “our” or “Whizpa”) is the owner and operator of whizpa.com (the “Website”). The Website is designed to provide assistance to adult users over the age of eighteen (18) (“User(s)”, “you”) and education service providers, schools, charities, activities providers and any and all other service providers in the childcare service industry (“Service Provider(s)”) in respect of gathering information of Service Providers, posting opinions of related issues, and engaging in interactive forums of the Service Providers (collectively, the “Services”). The Website also provides a forum to the Service Providers to post promotional material and advertisements pertaining to their respective institutes and organizations to promote and sell classes, courses, educational packages to Users (“Class Packages”).
This Website is offered conditioned on the sole condition of the your acceptance without modification of any and all the terms, conditions, and notices set forth below (collectively, the “Terms”). By (1) accessing or using this Website or the Services in any manner; or (2) paying for a third person to use or access the Website or the Services, you agree to be bound by these Terms and represent that you have read and understood the Terms. Please read the Terms carefully, as it contains information concerning your legal rights and limitations on these rights, and a section regarding applicable law and jurisdiction of disputes. If you do not accept these Terms, you are not authorized to use this Website or the Services and shall immediately cease using this Website.
We may change or otherwise modify these Terms in the future. The changed or modified Terms will become effective immediately upon posting to the Website. You understand and agree that your continued access or use of this Website after such change or modification constitutes your acceptance of the changed or modified Terms. You agree to periodically review the most current version of these Terms as posted on the Website.
2. Description of Services
Whizpa provides an online platform for Users to search information of the Service Providers in Hong Kong. The Services include, but are not limited to assisting Users in gathering the Service Providers’ information, posting opinions of related issues, engaging in interactive forums, searching for Service Providers, keeping track of Users’ favourite Service Providers, enabling Users to search for the most suitable and best available Service Providers, allowing Users to access a library of resources, and collecting feedback from Users. The Website also provides Service Providers with data and information regarding children’s education, interests, and background from Users, which could enable them to better improve the educational services offered in Hong Kong. This is done by aggregating Users’ reviews and opinions of the Service Providers.
The Website also provides Users with real-time prices and availability of Class Packages offered by Service Providers that Users can choose from. Users are advised to review the information of each Service Provider, and read the reviews from other Users before purchasing a Class Package, as Users are ultimately responsible for selecting the right Class Package that fit their needs.
The Users hereby understand and acknowledge that all information included on our Website is available on the public domain. Whizpa does not own any of the information related to the Service Providers or Class Packages and shall not be held liable for any loss and/damages incurred herewith.
3. Disclaimer of Liabilities
Whizpa does not represent, warrant or promise (whether expressly or impliedly) that any information is or remains accurate, complete and up-to-date, or fit or suitable for any purpose at any time. Whizpa shall not be held responsible for the quality or the accuracy of information provided by Users on the Website as such information is provided for convenience and information purposes only. Any reliance you place on the information on the Website is at your own risk.
The Website, its contents, and the Services are provided on an “as is” basis without warranties of any kind either express or implied. To the fullest extent possible pursuant to the applicable law, we disclaim all warranties, express or implied, with respect to the Website, its contents, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose non-infringement or other violation of rights. We also do not endorse any opinion, recommendation, or advice given by Users and/or Service Providers.
Under any circumstances, Whizpa shall not be liable for any direct, indirect, special, incidental or consequential damages, including and without limitation to, loss of data or profit, arising out of the use of or reliance on, or the inability to use, the Website, its contents, the Services, advice, products or any portion thereof, or for any mistakes, defamation, libel, slander, omissions, falsehoods, or profanity contained therewith.
Since Whizpa may from time to time perform regular maintenance and upgrades, the Website may periodically be unavailable. In addition, we will attempt to deliver all correspondence sent via the Website’s messaging system. We do not, however, guarantee delivery of all messages.
By accepting these Terms, you agree not to hold us liable for any instruction, advice or services delivered which originated through the Website, or in connection with the contents of the Website, the Services or any portion thereof. You further agree that Whizpa is not responsible for any damages to any party as a result of using the Services provided. Whizpa reserves the right but is under no obligation to screen the content that is posted on our Website for any abusive, false, unreliable or other unacceptable materials.
Users are entitled to submit requests on the Website for supplementary information on the services and data provided by Service Providers. Whizpa does not however, guarantee that the Service Providers will provide a response for every request that they receive. In submitting a request on our website, Users agree to allow us to refer to all of the information you provide in connection with your request. In working with Service Providers in Hong Kong, we seek to work with organisations and institutions that are both reputable and professional; however, we strongly recommend that you perform your own due diligence on each potential Service Provider prior to selecting and/or entering into any type of agreement or arrangement with them.
Whizpa shall not be held responsible for the quality of the Class Packages provided by the Service Providers or the accuracy of information provided on their profiles in respect of their respective organisations or institutes. We do not endorse any opinion, recommendation, or advice given by the Service Providers. Users shall acknowledge that Whizpa shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on the content, advice, products, services or other materials available on or through our Website in respect of the Service Providers; or for any mistakes, defamation, libel, slander, omissions, falsehoods, or profanity contained therein. Whizpa is not responsible or liable for any Service Provider’s acts or omissions.
We reserve the sole right to discontinue the Website, including any of the Website’s features, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise our right to do so.
4. Refund Policy
Any and all purchase of Class Packages are considered final once the transaction is complete and shall not be refundable whether or not such Class Package is wholly unused. In event of an incorrect purchase or if the User wishes to obtain a refund for special reasons, the User may send us a request for refund at Contact Us setting out valid reasons for such request, and Whizpa may at its sole discretion, provide a refund to the User accordingly. Whizpa shall not be liable for any actions of the Service Providers and/or the quality of the Class Packages, therefore Users are strongly advised to carefully choose the Class Packages that fit their needs.
5. Prohibited Activities
The content and information on this Website (including, but not limited to, messages, data, information, text, sound, photos, graphics, video, maps, icons, software, code and/or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. Users and Service Providers agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re- sell any information, software, products, or services obtained from or through this Website. Additionally, Users and Service Providers agree not to:-
(i) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(ii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(iii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(iv) deep-link to any portion of this Website for any purpose without our express written permission;
(v) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
(vi) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Whizpa in connection with the Website or the services.
Users also agree not to use this Website or its contents for any commercial purpose.
7. Use of the Website
As a condition of Users’ and Service Providers’ use of this Website, Users and Service Providers warrant as follows:-
(i) all information supplied by Users and Service Providers on this Website is true, accurate, current and complete;
(ii) if Users and/or Service Providers register a Whizpa account, they shall safeguard their account information and shall supervise and be completely responsible for any use of such account by anyone other than the User and/or Service Providers;
(iii) you are 18 years of age or older to register for an account and contribute to our Website; and
(iv) you possess the legal authority to enter into this Agreement and to use this Website in accordance with these Terms herein.
Whizpa retains the right at our sole discretion to deny access to anyone to this Website and the Services, at any time and for any reason, including but not limited to the violation of the Terms.
You are not eligible to use our Website unless you are at least eighteen (18) years old and otherwise have the legal capacity to enter into a binding contract. In event that a minor or any other individual conducts any interactions on our Website through the means of your account, it would render you liable. If you authorize a third person to use your account, you agree to hand these Terms to him or her to read before he or she uses your account.
Copying, transmission, reproduction, replication, posting or redistribution of the Website, its contents or any portion thereof is strictly prohibited without the prior written permission of Whizpa. To request permission, you may contact Whizpa at Contact Us
Users of the Website will not incur any charges for using the Website in accordance with these Terms. However, the Website contains links to third-party websites which are operated and owned by independent service providers or retailers. Such third-parties may charge a fee for use of certain content or services provided on the website. Therefore, you should make any and all investigation you feel necessary or appropriate prior proceeding with any transaction with any third party to determine whether a charge will be incurred.
8. Reviews, Comments and Use of Other Interactive Areas
By submitting content to this Website, both as Users or Service Providers, by email, postings reviews or comments on this Website or otherwise, including any reviews, photos, videos, questions, comments, reviews, suggestions, ideas or the like contained in any submissions (collectively, the “Submission”), you grant Whizpa and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose.
You acknowledge that Whizpa may choose to provide attribution of your comments or reviews at our sole discretion. You further grant Whizpa the right to pursue at law any person or entity that violates your or Whizpa’s rights in the Submission by a breach of these Terms. You acknowledge and agree that any Submission you made on Whizpa are non-confidential and non-proprietary.
Whizpa does not edit the user messages posted to or distributed on this Website including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such user messages. Whizpa nevertheless reserves the right for any reason in its sole discretion to review the submissions before posting on the Website or remove any user messages and/or site content without notice to the Users.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of the Service Providers or other content, messages, materials or other items on this Website (the "Interactive Areas"). If Whizpa provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using this Website, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
(i) Any message, data, information, text, music, sound, photos, graphics, code or any other material (collectively "Content") that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(ii) Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(iii) Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law;
(iv) Content that provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;
(v) Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(vi) Content including and without limitation to photos that could be used to identify the identity of any children;
(vii) Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Whizpa;
(viii) Unsolicited promotions, mass mailings or "spamming", transmission of "junk mail", "chain letters", political campaigning, advertising, contests, raffles, or solicitations;
(ix) Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
(x) Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, and credit card numbers;
(xi) Restricted content on hidden pages including and without limitation to images which are only accessible by providing a password;
(xii) Viruses, corrupted data or other harmful, disruptive or destructive files;
(xiii) Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
(xiv) Content or links to content that, in the sole judgment of Whizpa, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Whizpa or its affiliates or its Users to any harm or liability of any type.
Whizpa provides a platform for Users and Service Providers to connect and obtain information. Whizpa does not vet the reviews by Users but may delete reviews should valid complaints or requests be made in respect of a comment. Whizpa takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, which include our Service Providers, or for any loss or damage thereto, nor is Whizpa liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Whizpa is not liable for any statements, representations or Content provided by its Users in any public forum, personal home page or other Interactive Area. Although Whizpa has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Whizpa reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that:-
(i) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
(ii) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Whizpa or its licensees, successors and assigns;
(iii) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
(iv) you forever release Whizpa, and its licensees, successors and assigns, from any claims that you could otherwise assert against Whizpa by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the provisions of these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
9. Links to Third-Party Sites
The Website may contain hyperlinks or references to external third party websites including and without limitation to Service Providers. Any such hyperlinks or reference is provided for your convenience only. We have no control over third party websites and accept no responsibility or liability for any content, material or information contained in them. Whizpa also takes no responsibility for any material, links or information provided by our Service Providers. Whizpa is not responsible for any content on external websites and the promotions or advertisements by third party providers who advertise on our website. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein. Your use of a third party site may however, be governed by the terms and conditions of that third party site.
10. Security and Password
You are solely responsible for maintaining the confidentiality of your account(s), username(s) and password(s) and for all activities and liabilities associated with or occurring under your account(s), username(s) and password(s). You must notify us immediately of any unauthorized use of your account(s), username(s) or password(s) and any other breach of security, end ensure that you log out of your account(s) at the end of each session. You must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. We reserve the right to immediately terminate your account if you transfer or share your account.
Whizpa is not responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account(s), username(s) or password(s), either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account(s), username(s) or password(s). You may not transfer your account(s), username(s) or password(s) to another person, and you may not use anyone else's account(s), username(s) or password(s) at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse.
11. Copyright and Trademark Notices
Whizpa is not responsible for content on websites operated by parties other than Whizpa. Whizpa, the Whizpa logo, and all other product or service names or slogans displayed on this Website, registered or unregistered, are protected, without limitation, pursuant to Hong Kong and foreign trademark laws. Such trademarks must not be copied, imitated or used, in whole or in part, without the prior written permission of Whizpa or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Whizpa may not be copied, imitated or used, in whole or in part, without the prior written permission of Whizpa. All other trademarks, registered trademarks, product names, company names or logos, school names or logos, mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, school or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Whizpa.
Whizpa operates on a "notice and takedown" basis. If you have any complaints or objections to material or content including user Messages, Service Providers’ messages posted on this Website, or if you believe that material or content posted on this Website infringes a copyright that you hold, please contact us immediately at Contact Us. Once we receive such notice, we will make reasonable endeavors to remove illegal content within a reasonable time.
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, third party providers and Service Providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any user content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Website and Services, the Company content or any portion thereof, your connection to the Website and Services, or your breach of these Terms.
Service Providers agree to hold Whizpa harmless and indemnify against any comments or reviews posted by Users. You agree to indemnify Whizpa from and against liability caused by any Service Providers negligent performance of Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
Whizpa may change, add or delete these Terms or any portion thereof from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of the Website. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions.
Whizpa may change, suspend or discontinue any aspect of the Whizpa service at any time, including availability of any feature, database or content. Whizpa may also impose limits on certain features and services or restrict your access to all or parts of the Website or any other Whizpa web site without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms or of any law or regulation and where it decides to discontinue providing a service.
Your continued use of Whizpa now, or following the posting of any such notice of any changes will indicate acceptance by you of such modifications.
14. Governing Law and Dispute Resolutions
These Terms and any dispute or matter arising from or incidental to the use of the Services shall be governed by and construed in accordance with the laws of the Hong Kong SAR, and the courts of Hong Kong SAR shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with your use of our Services or the Terms.
15. General Provisions
You agree that no joint venture, agency, partnership, or employment relationship exists between you and Whizpa and/or affiliates as a result of these Terms or use of this Website.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect.
These Terms (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Whizpa with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Whizpa with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Website may not always be updated on a periodic or regular basis and consequently is not required to register as editorial product under any relevant law.
Any rights not expressly granted herein are reserved.
16. Contact Information
Except as explicitly noted on this Website, the services available through this Website are offered by Whizpa, a company incorporated in Hong Kong SAR. If you notice that any user is violating these Terms, please call us during business hours at 09:00am through 05:00pm or email us at Contact Us.