Terms Of Use

Last Updated: 21 June 2025

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Welkin Systems Limited (“Welkin,” “we,” “us,” or “our”), concerning your access to and use of the https://welkin.com.hk website and any related services (collectively, the “Site”).

By accessing the Site, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree, you are expressly prohibited from using the Site and must discontinue use immediately.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time. We will alert you to any changes by updating the “Last Updated” date of these Terms of Use. Your continued use of the Site after the date such revised Terms of Use are posted will constitute your acceptance of such changes. It is your responsibility to periodically review these Terms to stay informed.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. Users who access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by, controlled by, or licensed to us. They are protected by copyright, trademark, and other intellectual property laws of the Hong Kong Special Administrative Region (“Hong Kong SAR”) and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal, non-commercial use only. Except as expressly provided herein, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, its Content, and the Marks.

3. USER REPRESENTATIONS AND OBLIGATIONS

By using the Site, you represent and warrant that:
(a) you have the legal capacity to, and you agree to comply with, these Terms of Use;
(b) you are not a minor in the jurisdiction in which you reside;
(c) you will not access the Site through automated or non-human means (e.g., a bot or script);
(d) you will not use the Site for any illegal or unauthorized purpose; and
(e) your use of the Site will not violate any applicable law or regulation.

Should you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your access and refuse any and all current or future use of the Site.

4. PROHIBITED ACTIVITIES

You may only access and use the Site for its intended purpose. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user, you agree not to:

* System Misuse: Systematically retrieve data from the Site to create a collection or database without our written permission; interfere with, disrupt, or create an undue burden on the Site or its networks; or circumvent any security features of the Site.
* Improper Use: Make any unauthorized use of the Site, including collecting user information for the purpose of sending unsolicited email; trick or mislead us or other users; or make improper use of our support services.
* Infringement and Unlawful Use: Use any information from the Site to harass, abuse, or harm another person; use the Site in a manner inconsistent with any applicable laws or regulations; or disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
* Software and Code: Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Site; or copy or adapt the Site’s software.
* Harmful Material: Upload or transmit viruses, Trojan horses, or other material that interferes with the use and enjoyment of the Site or its functions.
* Commercial Activity: Use the Site to advertise or offer to sell goods and services, or use the Site for any revenue-generating or commercial purpose not authorized by us.

5. USER SUBMISSIONS AND CONTRIBUTIONS

Should the Site permit you to submit, post, or transmit content or materials, including but not limited to comments, suggestions, feedback, or other information (“Submissions”), you acknowledge and agree that:

* Such Submissions are non-confidential and shall become our sole property. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
* You waive all moral rights to any such Submissions.
* You warrant that any such Submissions are original to you or that you have the right to submit them. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

We are not liable for any statements or representations in Submissions provided by you. You are solely responsible for your Submissions and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Submissions.

6. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to other websites ("Third-Party Websites") and third-party content ("Third-Party Content"). Such Third-Party Websites and Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site.

If you decide to leave the Site and access Third-Party Websites or use Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. We do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services or resulting from any Third-Party Content.

7. SITE MANAGEMENT

We reserve the right, but not the obligation, to:
(a) monitor the Site for violations of these Terms of Use;
(b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including reporting such user to law enforcement authorities;
(c) in our sole discretion, refuse, restrict access to, or disable any feature or content that is burdensome to our systems; and
(d) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

8. PRIVACY POLICY

We care about data privacy and security. Our Privacy Policy is incorporated into these Terms of Use. By using the Site, you agree to be bound by our Privacy Policy, which is compliant with the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong SAR.

Please be advised the Site is hosted in Hong Kong. If you access the Site from any other region, through your continued use of the Site, you are transferring your data to Hong Kong and you expressly consent to have your data transferred to and processed in Hong Kong.

9. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING IP ADDRESSES) TO ANY PERSON FOR ANY REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED HEREIN OR OF ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your access, you are prohibited from attempting to access the Site under your name, a false name, or the name of any third party. We reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

10. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance.

11. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

Any dispute, controversy, or claim arising out of or relating to these Terms, including their existence, validity, interpretation, performance, breach, or termination, 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.

12. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, VIRUSES, OR TROJAN HORSES WHICH MAY BE TRANSMITTED THROUGH THE SITE BY ANY THIRD PARTY; OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE.

13. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) your use of the Site; (b) your breach of these Terms of Use; (c) any breach of your representations and warranties set forth herein; or (d) your violation of the rights of a third party, including intellectual property rights.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

15. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing its performance. Although we perform regular data backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.

16. MISCELLANEOUS

These Terms of Use and any policies posted by us on the Site constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver of such right or provision. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties.

17. CONTACT US

To resolve a complaint regarding the Site or to receive further information about using the Site, please contact us:

Welkin Systems Limited
Unit 6, 8/F., C-Bons International Center, 108 Wai Yip Street, Kwun Tong, Hong Kong
Email: contact@welkin.com.hk
Phone: +852 36053388