Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the Lemi web site located at lemiapp.com, the Lemi mobile application, the Lemi web application, including Lemi sites around the world (collectively, the "Platform(s)") which are operated and owned by Finds Company Limited and/or its subsidiary(ies) and/or affiliate(s) (collectively referred to as "Lemi", "we", "us", or "Company") and/or Lemi's licensors. BY USING THE PLATFORM AND/OR APPLICATIONS ACCESSED THROUGH OUR PLATFORM, USERS OF THE PLATFORM ("YOU", "YOUR", "YOUR'S") AGREE AND ACKNOWLEDGE THAT THE TERMS OF USE AS WELL AS ADDITIONAL TERMS (AS REFERRRED HEREIN) ARE BINDING UPON YOU. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
Lemi reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. The amended Terms of Use are effective from the date they are published on the Platform. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Lemi grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. Your access to our Platform and Services (as defined below) will be terminated upon your notice to us that any change is unacceptable.
Our Services and additional terms and conditions
Pursuant to the Terms of Use, Lemi offers a platform for sharing comments and photos related to travel, travel destinations, dining and recreational experiences businesses, websites, products, services, etc.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Platform, including, but not limited to, (i) advertising services for Business Users as per our Terms and Conditions of Business Services ("Business Services"); (ii) offering of services such as sale and purchase of Coupons, Prepaid Coupons as set out in Lemi's Standard Coupon Terms and other special programs, as provided from time to time; (iii) our policies, such as our community guidelines ("Community Guidelines"); (iv) and/or any other contents, features, services and/or applications made available by Lemi through the Platform (the above items above singly or collectively referred to as the "Services").
You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such Service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Platform or for any service offered on or through the Platform, the latter terms shall control your use of that portion of the Platform or the specific Service.
Lemi's obligations, if any, with regard to its products and Services are governed solely by the agreements pursuant to which they are provided, and nothing on this Platform should be construed to alter such agreements.
Lemi reserves the rights, in its sole discretion, to modify the Services, including without limitation by removing, adding, or modifying any portion of the Platform and to edit, modify, share, erase, delete or remove any post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content as uploaded, posted or shared by a you on the Platform ("Your Content(s)") for any reason from time to time and without notice. Lemi shall have no liability to you for any of the foregoing actions except pursuant to terms of any service agreement entered into with Lemi, if any. Except as specified in the Terms of Use, Lemi is not a party to any actual transaction between you any other user of the Platform.
Register with us
You may freely browse our Platform, however, you are required to register with Lemi, if you want to use certain contents and functions, including but not limited to the submission of travel stories, reviews, chats, purchasing services, marketplace services, redemption of gifts, loyalty programs and so forth ("Lemi Member(s)").
When you register as a Lemi Member you agree, represent, warrant and covenant with us that:-
- Your personal particulars are true, accurate, current, complete and not misleading in all respects, and further undertake to promptly update Lemi if there is any subsequent change in such particulars.
- You are aged 18 years or above and capable of forming a legally binding contract;
- if you register a membership account ("Account") on behalf of another person, a company or a business, that you have the authorization to do so;
- You do not select a username or password that violates any person's rights or one that in our opinion is offensive, improper or inappropriate. If you do so, we reserve the right to modify or delete the username or password and/or terminate your Account with the Platform. In any event, we shall not be liable in any way for any improper use of a username or password by any user.
- You adhere to our Community Guidelines
- You are solely and entirely responsible for maintaining the confidentiality of your user identification code, password or any other piece of information as part of our security procedures. You must not disclose it to any third party. In no event shall Lemi be responsible or liable for any loss or damage in relation to the unauthorized use of your Account by any person; you will immediately notify us of any unauthorized use of your Account or any other breach of security with respect to the use of the Services; and
- If you know or suspect that anyone other than you has knowledge of your user identification code or password, you must promptly notify Lemi at hello@lemiapp.com or telephone our customer service line on +852 8198 2428.
How to use and how not to use our Platform
You may upload, post or share Your Content on the Platform ("Posting User(s)"). As Posting User, you agree that you shall use the Platform for lawful purposes only. You are solely responsible for any uploaded, posted or shared content and/or any links to websites, media platforms and/or applications ("Links"). Please find here Lemi's Community Guidelines with regards to additional terms and conditions that apply for the use of the Platform.
Posting advertisements and provisions of offers
If you use Lemi's Business Services, you are a "Business User"and agree to the additional terms and conditions as set out in Terms and Conditions of Business Services.
Special Programs
The Platform makes available digital and printable coupons ("Coupons") as well as pre-paid coupons ("Prepaid Coupons") as offered by Business Users. By accessing or using our Platform to retrieve Coupons and/or Prepaid Coupons, you acknowledge that you have read, understood and accepted the (i) Terms of Use as well as (ii) Lemi's Standard Coupon Terms (as may be amended by Lemi from time to time) and agree to be bound by them.
Privacy
When you use our Platform, you agree to our Privacy Policy, available at lemiapp.com/privacy and its provisions are part of these Terms of Use.
Our Intellectual Property Rights
We own or are the licensee(s) of "Our Content", which includes, but is not limited to, all intellectual property rights on the Platform (including all copyright, patents, logos, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) and materials, information and Your Content on the Platform or accessed as part of the Services, any database operated by Lemi, all the Platform's design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all the selection, coordination, arrangement and enhancement. You understand and agree that Our Content is protected and you will not download, copy, modify, reproduce, print or distribute Our Content in any way unless you have received our prior written permission.
Your Content and the permission you give us
You hereby warrant that you have the right to use Your Content and you acknowledge and agree that Lemi may not pre-screen or pre-approve Your Content which you upload, post or share on the Platform and you agree that Lemi has the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove and monitor Your Content. Lemi has the sole and absolute right, but not the obligation, to disclose Your Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including to determine compliance with the Terms of Use as well as to satisfy any applicable law, regulation or authorised government request.
By uploading, posting or sharing Your Content on the Platform, you unconditionally grant Lemi a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you have in Your Content in order that Lemi can use, publish, host, display, promote, copy, download, forward, distribute, reproduce, transfer, edit, sell and re-use Your Content in any form and anywhere, with or without making any commercial gains or profits, and carry out the purposes set out in the Privacy Policy and herein.
Any use of any of such Your Content other than those permitted under the Terms of Use and the terms and conditions of any service agreement(s) is strictly prohibited and Lemi shall reserves all its rights in this respect. You acknowledge that you will be solely responsible for any adverse consequences arising from their breach of intellectual property laws. For the avoidance of doubt, any consent of any third parties on the use of Your Content and materials mentioned above shall not release you from the restrictions/prohibitions imposed hereunder.
You agree that Lemi is free to use, disclose, adopt and modify all and any ideas, concepts, proposals, suggestions, comments and other communications and information provided by you (also as a Business User) in connection with your use of the Platform/Systems (as defined in the Terms and Conditions of Business Services) without any remuneration or compensation to You. You hereby waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to Lemi's use, disclosure, adoption and/or modification of such ideas, concepts, proposals, suggestions, comments and/or other communications and information.
Lemi takes no responsibility whatsoever for Your Content on the Platform or any of Your Content sent through the Platform, or for any of Your Content lost and does not make any representations or warranties regarding the content or accuracy of any material therein. Your Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Lemi. Other Lemi Members may post content that is inaccurate, misleading or deceptive. Lemi does not endorse and is not responsible for any content, and will not be liable to you or any other person for any loss or damage caused by your reliance on such content. Such content reflects the opinions of the person submitting it and may not reflect the opinion of Lemi. Lemi does not control or endorse any content, and specifically disclaims any liability concerning or relating to Your contribution of, use of, or reliance on any content and any actions resulting from your participation in any part of the Platform or Services, including any objectionable content.
You may not access or collect data from our Platform or Services using automated means (without our prior written permission) or attempt to access data that you do not have permission to access.
Limitation or Termination of the Services
If we determine that you have clearly, seriously or repeatedly breached our Terms of Use or any additional terms and conditions or policies as referred herein, we may suspend or permanently disable access to your Account. We may also suspend or disable your Account if you repeatedly infringe other people's intellectual property rights or where we are required to do so for legal reasons.
In the event that Lemi limits or terminates the use of the Services, you agree that Lemi reserves the right, at any time, to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against you. Lemi shall have no obligation to deliver any of Your Content to you at any time, both before or after cessation of the Services or upon removal of Your Content from the Platform.
Force Majeure
Lemi shall be excused from performance under these Terms of Use, to the extent it or a Business User (inclusive of is business location) is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (i) weather conditions or other elements of nature or acts of God; (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (iii) quarantines or embargoes; (iv) labor strikes; (v) error or disruption to major computer hardware or networks or software failures; or (vi) other causes beyond the reasonable control of Lemi or a Business User (inclusive of is business location, as applicable.
Disclaimer of warranties
You acknowledge and agree that (i) Lemi shall not be responsible in any way for any direct or indirect damage or loss that may arise or result from the use of the Platform, for whatever reason made and that (ii) Lemi shall not be liable for any default of obligations or duties directly or indirectly caused by or resulted from any causes beyond the Lemi's reasonable control, including but not limited to Internet failure or any system default.
As permitted by applicable law, you expressly agree that use of the Platform is at your sole risk. Neither Lemi or its subsidiaries or affiliates or any of its respective employees, agents, merchants, third-party content providers or licensors or any of their officers, directors, employees or agents, warrant that the use of the Platform will be uninterrupted, secure, virus-free, or error free, nor do they make any warranty as to (a) the results that may be obtained from use of the Platform, or (b) the accuracy, completeness, or reliability of (i) the user contents on the Platform, including, without limitation, offerings, products, or other available programs, (ii) descriptions of offerings, products, or other available programs, or (iii) user contents provided through the platform. The platform and all content, user contents and other information contained on the Platform, offerings, products and other available programs accessible or available through the Platform, are made accessible or available on an "as is"and "as available"basis. To the extent allowed by applicable law, Lemi hereby disclaims any and all representations, warranties, and conditions, whether express, implied, or statutory, as to the operation of the Platform or the user contents or other information contained on the Platform or the offerings, products, or other available programs accessible or available through the Platform, including, without limitation, those of title, non-infringement, non-interference, merchantability, suitability, and fitness for a particular purpose, as well as warranties implied from a course of performance or course of dealing. The warranty limitations in this clause are not intended to limit any warranty provided directly by a Business User or any express representations or warranties by Lemi that are included in other applicable terms and conditions.
You acknowledge that the Platform provides Services for transactions between you and Business Users, for instance, but not limited to, Business Services. You acknowledge and agree that Lemi is not involved in the actual transaction(s) between you and any Business Users. Lemi does not warrant, endorse, guarantee or assume responsibility for any experience or item advertised or offered through the Platform. If a dispute arises between you and Business Users, each of you and the Business Users agree to release Lemi, its respective employees, directors, agents, affiliates or representatives from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Limitation of Liability
As permitted by applicable law, in no event shall Lemi or its subsidiaries or affiliates or any of its respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees, or agents, be liable for any direct or indirect lost profits or lost business damages, indirect, incidental, special, consequential, or punitive damages arising out of, related to, or in connection with any of the following: (a) your use of the Platform, Your Content, including, without limitation, any personal information, and any other information either contained in the platform or submitted by you to the platform; (b) your inability to use the Platform; (c) modification or removal of Your Content or user content posted, uploaded or shared on the Platform; (d) the Business User offerings, products, and other available programs accessible or available through the Platform such as the Coupons and/or Prepaid Coupons; (e) any products or services purchased or obtained directly from a Business User; (f) these Terms of Use; (g) the Terms and Conditions of Business Services; (h) Lemi's Standard Coupon Terms; (h) the Business User's or your inability to use the Platform and/or Systems or (h) any improper use of information you provide to the platform, including, without limitation, any personal information. The aggregate liability of Lemi to you for all claims and expenses arising from your use of the Services and/or the Platform shall be limited to: (a) the amount of HK$100 or (b), if you purchased a Prepaid Coupon, the value of the Prepaid Coupon upon which liability is based, whichever is higher.
The liability limitations in this clause are not intended to limit any warranty provided directly by a Business User or any express representations or warranties by Lemi that are included in other applicable terms, nor are they intended to limit remedies you might have for product-related injury.
Indemnity
You (as user and/or Business User) agree to indemnify, and hold harmless Lemi, its subsidiaries, its affiliates, its officers, directors, employees, agents, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) made against Lemi by any third party due to or arising out of or in connection with your use of the platform and its services.
Miscellaneous
When you use the Platform or send emails to Lemi, you are communicating with Lemi electronically and consent to receive electronic communications related to your use of the Platform. We will communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from Lemi will be considered delivered to you and effective when sent to the email address you provide on the Platform or from which you otherwise email Lemi.
The provisions of the Terms of Use shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid. In the event any provision of the Terms of Use is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of the Terms of Use shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of the Terms of Use one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
If there is any conflict among (i) these Terms of Use, (ii) Terms and Conditions of Business Services, (iii) Lemi's Standard Coupon Terms, (iv) specific policies, terms and conditions appearing on the Platform, (v) Privacy Policy, (vi) terms and conditions of any service agreement(s) and/or (vii) any specific terms and conditions of use in respect of any special events hosted by Lemi, the latest shall prevail over other documents and then the following descending order of procedure shall apply:- (i) Privacy Policy; (ii) the specific policies, terms and conditions appearing on the Platform; (iii) Lemi's Standard Coupon Terms, (iv) Terms and Conditions of Business Services and (v) the Terms of Use, subject always to the express contrary provisions (if any) contained in the aforesaid documents.
The Terms of Use and any dispute or matter arising from or incidental to the use of the Platform shall be governed by and construed in accordance with the laws of Hong Kong, unless otherwise specified.
Any dispute, controversy, difference or claim arising out of or relating to this Terms of Use, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
In the event of any breach of the Terms of Use by any one party, the other party shall be entitled to remedies in law and equity as determined by arbitration.
Except as expressly set forth herein, no person other than the parties to these Terms of Use shall have any right to enforce any term hereof.
Should there be any inconsistency between the English version and any version in other language, the English version shall always prevail.
Enquiries
For any query, please email hello@lemiapp.com or telephone our customer service line on +852 8198 2428
