E-quipMe for Individuals, Enterprises and Academic Institutions Terms & Conditions

1. Purpose

E-quip Systems Limited (‘E-quip’) sets forth these E-quipMe Terms & Conditions (‘TC’) for the provision of the Service (defined in point 2) by E-quip and permits Members to use the Service. Members use the Service in accordance with these TC and the notice on use and other rules prescribed by E-quip.

2. Definitions

The terms used in these TOS have the following meanings.

1. ‘Site’ means the website called ‘E-quipMe’ (http:www.e-quipme.com), operated by E-quip.
2. ‘Service’ means the application service and website service provided by E-quip to Members via the Site and all types of devices used for web-service applications and stand-alone applications.
3. ‘Member’ means an individual, a company or an academic institution subscribing to the Service with a valid and unique User Name and Password.
4. ‘User Name’ means an alphanumeric name for Member identification issued by E-quip or email address to use the Service.
5. ‘Password’ means an alphanumeric password used with the User Name to identify the applicable Member when using the Service.
6. ‘Registered User’ means an employee of a Member Enterprise or Academic Institution (including part-time or temporary employee) who is registered for the use of the Service through the Member Enterprise.

3. Amendments to TC

1. E-quip may amend these TC whenever E-quip deems it necessary.
2. Any amendment becomes effective at the time the amended TC are displayed on the Site, unless otherwise set forth for by E-quip. In such case, the terms of use of the Service will be governed by the amended TC.

4. Free Trial for Enterprises and Academic Institutions

1. Any Enterprise or Academic Institution that wishes to do a free trial of the Service (‘Free Trial’) shall contact E-quip to set up the trial. By doing this Free Trial, the Enterprise or Academic Institution shall be deemed to have agreed to all the provisions of these TC.
2. For Free Trial accounts to Enterprise and academic Members, Members may use the Service for up to 30 days and a maximum of 10 Registered Users.

5. Full Use

1. Any individual who wishes to Sign Up for of the Service shall apply via the Sign Up membership form on the Site upon agreement to all the provisions of these TC. By signing up for membership to the Service, the individual shall be deemed to have agreed to all the provisions of these TC.
2. Any Enterprise or Academic Institution that wishes to Sign Up for of the Service shall contact E-quip to set up the account. By signing up for membership to the Service, the individual shall be deemed to have agreed to all the provisions of these TC.
3. E-quip may, in its discretion, reject the Sign Up above. In such cases, E-quip is not required to disclose the reason for rejection therefore or otherwise bear any obligation or responsibility.
4. For Enterprises and Academic Members, if E-quip accepts the Sign Up, E-quip will issue a Membership Full Use account (registration user name and registration password) to the Member.
5. For individuals, if E-quip accepts the Sign Up in Article 5.1, E-quip will issue a Membership Full Use account (registration user name and registration password) to the individual Member.
6. Only one Full Use account shall be issued by E-quip to each individual Member. If E-quip deems that a Member has made multiple registrations in breach of the above, E-quip may delete the registration of that Member.

6. Account Management

1. Free Trial accounts and Full Use accounts may not be jointly owned by, or lent or disclosed to, any third party.
2. E-quip will not be liable for any damage incurred by Members or a third party as a result of a breach of Article 6.1.
3. Members are responsible for managing the Free Trial account and Full Use account set up for them.
4. Members, but not E-quip, have the authority to manage their own Password.

7. Environment Settings

Members purchase and set up the necessary equipment to use the Service at their own responsibility and expense.

8. Usage Fee

1. Enterprise and Academic Members shall pay the fee as consideration for the Service by funds transfer to the bank account separately designated by E-quip before access to the service is granted.
2. In the case of non-payment, E-quip may, in its discretion, delete the Member’s account, or discontinue the provision of the Service to the Member until the Member makes the payment.
3. Unless otherwise provided for, E-quip’s usage fee does not include any tax, levy, duty or any other similar type of government charge (including, without limitation, consumption tax, value added tax, sales tax, use tax or withholding tax) (collectively, ‘Taxes’). Enterprise and Academic Members shall bear an obligation to pay all Taxes in relation to the provision of the Service under these TC. If E-quip has a legal obligation to pay or charge the Taxes for which Members are liable, E-quip may claim such amount from Members and Members shall pay such amount in full.

9. Prohibited Acts

In receiving provision of the Service, Individuals, Enterprise and Academic Members and their Registered Users are prohibited from engaging in the following acts. If E-quip identifies any prohibited act by a Member, E-quip may warn the relevant Member, delete the relevant information displayed on the Site or the relevant registration, or take any other necessary and appropriate measures.

1. Acts of infringement on the patent rights, utility model rights, design rights, trademark rights or other industrial property rights, copyright, trade secrets or other intellectual property rights of E-quip or a third party, or acts that are likely to cause such infringement.
2. Acts of infringement on the property, privacy rights or image rights of E-quip or a third party, or acts that are likely to cause such infringement.
3. Using or preparing to use the Service for business activities or profit.
4. Collecting or disclosing personal information of a third party without obtaining consent of the third party or in a fraudulent manner.
5. Making the Service available to a third party.
6. Creating derivative works based on the Service.
7. Duplicating, framing or mirroring all or any part of the Service or any content included in the Service.
8. Reverse engineering of the Service.
9. Developing a product or service competing with the Service.
10. Acts that obstruct or interfere with the operation of the Service or use of the Service by a third party, or other acts that E-quip deems inappropriate based on reasonable grounds.

10. Ownership of Rights

Except for any restrictive rights expressly licensed under these TC, E-quip reserves and holds all rights and interests regarding the Service (including all related intellectual property rights). Unless otherwise expressly provided for herein, E-quip does not license Members to use any rights under these TC.

11. Copyright

1. Copyright of the text, images, movies, music, programs and other works constituting the Service belong to E-quip.
2. Members may not reprint, copy, analyze, alter, translate, lend, sell, distribute or make derivative works of the works set forth in Article 11.1 without obtaining the approval of E-quip.

12. Prohibition or Suspension of Use of Service

If any of the following matters occurs, E-quip may prohibit or suspend a Member from using the Service, or take other necessary measures without giving notice to the relevant Member.

1. The Member infringes on, or is likely to fringe on, the honor, credibility or privacy of E-quip or a third party.
2. The Member infringes on, or is likely to infringe on, the copyright or other intellectual property rights of E-quip or a third party.
3. The Member loses, damages or steals, or is likely to lose, damage or steal, the system or data of E-quip or a third party.
4. The Member carries out unauthorized use of the User Name or Password.
5. The Member prevents, or is likely to prevent, the provision of the Service by E-quip.
6. The Member prevents or interferes with, or is likely to prevent or interfere with, the use of the Service by a third party.
7. The Member breaches these TC.
8. The Member is discovered as having been prohibited from using the Service in the past due to breach of these TC or another notice on use of the Service set forth by E-quip.
9. If E-quip prohibits or suspends the use of the Service by any Member or takes other measures against any Member, E-quip will not be obligated to disclose the reason to the Member.

13. Subscription Period

1. The subscription period of the Service for a Member is effective for the period from the time the Member agrees to all the provisions of these TC and applies for the Service to the termination of the subscription period as laid out in the Service for Individuals and between the Member and E-quip for Enterprises and Academic Members.
2. E-quip will notify individual Members through the platform dashboard or Enterprise and academic Members by e-mail regarding the expiry date of the subscription period.

14. Cancellation

If a Member falls under any of the following, E-quip may temporarily suspend the use of the Service or delete the registration without giving any prior notice or demand to the relevant Member. The Member may not make any objection to the above treatment and, even if it suffers any damage or loss thereby, shall indemnify and not make any claim to E-quip for damages or otherwise.

1. The Member breaches or has breached any provision of these TC.
2. The Member is found to have registered false matters.
3. The Member obstructs the operation of the Service.
4. The Member is subject to a suspension of payments or insolvency or a petition for commencement of bankruptcy procedures, commencement of civil rehabilitation procedures or commencement of other similar legal procedures.
5. The Member is found to have registered multiple accounts.
6. The Member is otherwise deemed by E-quip not appropriate to continue its registration.

15. Survival

Articles 2, 8, 10, 11, 18, 19 and 20 shall survive regardless of expiration of the subscription period or termination of a Member’s account.

16. Suspension of Service

If any of the following events occur or has occurred, E-quip may give Members prior notice or notice after the event and suspend the provision of the Service.

1. E-quip deems it necessary to carry out maintenance, inspection or improvement of the Service.
2. E-quip deems it necessary to shut down the Service in order to prevent infection by a computer virus.
3. Provision of the Service becomes impossible due to force majeure caused by a large-scale disaster or other event.

17. Termination of Service

E-quip shall reserve the right to change or stop all or part of the Service, as deemed necessary from time to time. While advance notice will be given where possible, E-quip also reserves the right to take such actions without prior notice.

18. Disclaimer

1. Unless otherwise expressly provided for in these TC, E-quip makes no type of guarantee, either expressly or implicitly or whether under any law, ordinance or others. E-quip especially rejects any implied guarantee including those of merchantability or fitness for any particular purpose of use to the maximum extent permitted by applicable laws and ordinances.
2. If any Member infringes on the rights of a third party (defamation of a third party, infringing on the privacy rights of a third party, disclosing any personal information of a third party without permission, violating the Copyright Act or the like), the Member shall resolve the infringement at its own responsibility and expense and E-quip will not be liable therefore.
3. E-quip will not be liable for any direct or indirect damage incurred by any Member or a third party due to loss or divulging of data, or use of data for a purpose for which the Service is not intended, by the Member.
4. E-quip will not be liable for any damage incurred by any Member or a third party due to delay, suspension, amendment, termination, registration, or prohibition or suspension of use of the Service, unless any wilful misconduct or gross negligence of E-quip is confirmed.

19. Personal Information

When an Individual Member, Enterprise and Academic Members uses the Service, the Member will provide E-quip with personal information regarding the Member and Registered Users. Any personal information regarding the Member and Registered Users obtained by E-quip shall be used in accordance with E-quip’s Privacy Policy.

20. General Provisions

1. No failure of or delay in exercising any right under these TC by either party constitutes a waiver of such right. Unless otherwise expressly provided for in these TC, the remedies set forth in these TC shall not be limited to, but shall be added to, the remedies of the parties under other laws and ordinances.
2. If any provision of these TC is determined to be in breach of any law or ordinance by a court having jurisdiction, that provision shall be amended by the court and construed in a way that best achieves the purpose of the original provision to the maximum extent permitted by laws and ordinances, and other provisions of these TC shall remain in effect.
3. These TC and any dispute arising out of or in connection with these TC shall be governed by the laws of Hong Kong without regard to the principles of conflict of laws.
4. E-quip and Members agree that any dispute arising out of or relating to these TC will be submitted to the exclusive jurisdiction of Hong Kong as the court of first instance.
5. These TC constitutes an entire agreement between the parties and supersede all prior or then-current written or oral agreements, proposals or representations regarding the subject matter of these TC.

Revised on 1 June, 2020