By visiting, browsing or using 1SOURCE (including 1SOURCE Information Platform, its affiliates and Subsidiaries and the websites, products, features, apps, services, technologies and software that we offer) (hereinafter collectively referred to as “1SOURCE”), you have confirmed that you have read, understood, and accepted to be bound by the following terms and conditions, and will comply with all the applicable laws and regulations. Upon your use of 1SOURCE, you must comply with the following terms based on the principle of good faith.
The following terms apply to all the users or browsers of 1SOURCE, and 1SOURCE may modify the terms from time to time. You should review the terms herein and visit our webpage constantly to know the terms applicable from time to time, as these terms are closely related to you. Certain contents of these terms may be substituted by the legal notices or terms specified in certain webpages on 1SOURCE or in specific services, and you should understand these contents. Your acceptance of the terms hereof indicates that you have read carefully and accepted the terms that have been quoted or substituted.
Intellectual Property Rights
The intellectual property rights contained in the products or services developed or published by Upstream Enterprise Inc., its affiliates, or together with other cooperating companies, including but not limited to 1SOURCE or other related products or services (“IPR”) shall belong to Upstream Enterprise Inc. and/or its affiliates, as the case may be, under the applicable laws. Failure to provide IPR statement in the products or services does not indicate 1SOURCE’s waiver of its ownership or the right to claim over the IPR. You should use the products or services in accordance with the laws, regulations, and the principle of good faith, and shall respect the rights of IPR owners. In absence of Upstream Enterprise Inc.’s written consent, no entity or individual is permitted to, via any form or for any reasons, use, replicate, modify, copy, or disseminate, bundle use or sell with other products, connect with hyperlinks or send, store in the information retrieval system, or to use for any commercial purposes, in whole or in part, the abovementioned software, products, services, information, or language. Notwithstanding the foregoing, downloading or printing for individual use or other non-commercial use of the same is permitted, provided that no modification is made, and the description of copyright or IPR ownership shall be preserved.
The trademark and other marks used or displayed in 1SOURCE are registered or unregistered trademarks of Upstream Enterprise Inc. and its affiliates which are protected by laws, unless otherwise specified as trademarks, marks or trade names of any other party. Without written consent from Upstream Enterprise Inc., no one shall be permitted to use, in any form, the name of 1SOURCE and the trademark and other mark of 1SOURCE.
Disclaimer of Limitation of Liability
In no event shall 1SOURCE be liable for inability or delay in providing services if such inability or delay results from force majeure or third party’s non-performance, including but not limited to, maintenance of information internet device, breakdown of information internet linkage, breakdown of intelligent terminal, communication or other system, electrical breakdown, strike, labor issues, riots, uprising, commotions, fire, floods, blowdown, explosions, wars, acts of government, or orders from judicial or administrative institutions.
In no event shall 1SOURCE (including but not limited to negligence) be liable for your damages or other person’s damages or loss (including direct, indirect, special or consequential losses or damages, such as loss of revenue or profit, damage of intelligent terminal system or data loss) arising from use of information in 1SOURCE, links provided by 1SOURCE software, or other websites linked to by 1SOURCE software; the foregoing damages shall be ultimately borne by users (including but not limited to liability of negligence).
To the best of 1SOURCE’s efforts, 1SOURCE endeavors to maintain the accuracy and thoroughness of the information specified in 1SOURCE software, including but not limited to text, images, statistics, perspectives, webpages, or links. However, 1SOURCE provides no guaranty as to the accuracy, thoroughness, completeness, and reliability of the information and content contained therein. 1SOURCE expressly states that it bears no liability for the error or omission of such information and content; additionally, it does not provide any express or implied warranty, including but not limited to non-infringement of any third party’s rights, quality, and non-existence of intelligent terminal virus.
1SOURCE only provides basic information. 1SOURCE is neither the manufacturer/distributor of the products, nor the provider of the services specified or displayed in 1SOURCE Information Platform. 1SOURCE does not provide any representation or warranty for the products or services provided on the 1SOURCE Information Platform, and all the products and services displayed therein shall be subject to the quality assurance terms and conditions provided with the products or by the service providers respectively. Further, actual product packaging and materials may contain more and different information than what is shown on 1SOURCE Information Platform. We recommend that you do not rely solely on the information presented and that you always read labels, warnings and directions before using or consuming a product. Moreover, in light of the evolving regulatory and market conditions, subsequent product reformulations and other factors, this information may no longer be current.
You expressly understand and agree that we and our affiliates and each and each of their respective trustees, officers, employees, contractors, agents, partners, content providers and licensors shall not be liable to you for damages of any kind, including without limitation and punitive, indirect, incidental, special consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use 1SOURCE; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on 1SOURCE; or (v) any other matter relating to 1SOURCE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of liability may not apply to you, the services are not intended to be used for medical or diagnostic purposes under any circumstances. Please contact your medical and other professionals as needed.
You agree to indemnify and hold Upstream Enterprise Inc. and its affiliates, and each of their respective trustees, officers, employees, agents, contractors, partners, content providers and licensors harmless from any claim or demand made by any third party, and to pay as incurred all liabilities, losses, damages, and other costs associated with the same (including reasonable attorneys’ fees), due to or arising out of: (A) suggestions, product information or other information you submit, post, transmit, modify or otherwise make available through 1SOURCE; (B) your use of 1SOURCE; (c) your violation of the terms; or (D) your violation of any rights of another.
Third Party Links
1SOURCE may provide the links to third party websites. It is the users’ own decision to visit such links, and 1SOURCE does not provide any representation and warranty on the accuracy, thoroughness, completeness, and reliability of any information, statistics, perspective, images, statements, or advices provided in such links. 1SOURCE does not scrutinize the content of such third party website, has no control over the same, and is not liable for such website and its content. If you decide to visit any third party website which is linked to our website, the possible result and risks which may arise shall be ultimately borne by yourself.
Your Compliance of Applicable Laws
By visiting 1SOURCE software platform or using services provided by 1SOURCE, you have agreed that you shall not use the same for any purpose that is unlawful or prohibited by these terms, or to solicit the performance of any illegal activity or any other activity which infringes the rights of 1SOURCE or others.
Governing Law and Jurisdiction
By visiting or using 1SOURCE, you have agreed that such use shall be governed by the laws of Hong Kong. Any disputes arising from the visit or use of service shall be first settled by negotiation. In the event that the negotiation fails to reach agreement, all parties agree that the dispute shall be settled by arbitration in Hong Kong administered by the Hong Kong International Arbitration Centre in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules in force.
(Your attention is particularly drawn to the Personal Information Collection Statement at Clause 3)
1. Information Collected
The information we collect include:-
(a) Your location;
(b) Your personal information including your name, contact details, email address, and address(es);
(c) Digital images of the objects/products you are scanning;
(d) The online content you are shown and link to and your interests and preferences suggested by what you have scanned and what online content you have viewed;
(e) Certain mobile network and device identifiers to provide our services including, IP address that your internet network provider may allocate to your mobile or other internet enabled device;
(f) Other Information may be necessary for specific services;
As a user, you may decide whether to provide the above information based on free will. Please note that it is not mandatory for you to provide us with personal information or other information, yet in the event that you do not provide us with the information we required for, we may not be able to provide you the relevant services. Meanwhile, you may check your personal information you provide to us, as well as the route information. If you wish to delete or correct your personal information, please contact our client service.
1SOURCE Information Platform and/or Website is/are not intended for use by any person under 18 years of age. 1SOURCE does not knowingly collect personal information from person under 18. If you are under 18, please do not send any information about yourself to 1SOURCE Information Platform and/or Website, including your name, address, telephone number or email address. In the event that 1SOURCE learns that 1SOURCE has collected personal information from a person under age 18 without verification of parental consent, 1SOURCE will delete that information. If you believe that 1SOURCE might have any information from or about a person under 18, please contact us at email@example.com.
2. Methods of Information Collection
1SOURCE will collect and store information provided/uploaded by you from the device on which 1SOURCE is used, and the information provided to us through other channels. We will obtain other personal or non-personal information relevant to you which is legally collected through our affiliates, business partners, or any other independent sources;
The privacy settings chosen by you at relevant sites and other providers can limit or restrict our access to relevant information;
By providing your personal information to us, you have agreed to accept that 1SOURCE may keep your information in accordance with the relevant laws and regulations, in particular Personal Data (Privacy) Ordinance (Cap. 486).
3. Personal Information Collection Statement
This Clause governs the information provided by you which falls within the meaning of personal data in Personal Data (Privacy) Ordinance (Cap. 486).
3.1 Purposes for Collecting Personal Information
Your personal information is collected for the following purposes:-
(a) Our provision of relevant services on 1SOURCE Information Platform;
(b) Our provision of discount and benefits to you;
(c) Processing your registration at 1SOURCE;
(d) Managing 1SOURCE Information Platform and Website;
(e) User ID verification, client services, security, fraud surveillance, storage, and backup, for the purpose of assuring the safety of our products and services provided to you; if we censor that you are using our services for fraudulent or illegal purposes, we will take necessary actions and stop the services;
(g) Designing whole new service, or optimizing current services;
(h) Updating the personalized content of services;
(i) Assisting legal compliance, the investigation of police or other governmental or surveillance institutions, and complying with the applicable laws and regulations, or performing other duties committed to the governmental or surveillance institutions; and/or
(j) Other purposes informed at the time of collection, and other purposes that are directly related to all the foregoing purposes.
3.2 Use of Personal Information for Direct Marketing
We intend to use your personal information, including (a) your name, (b) your contact number(s), (c) your email address, and/or (d) your address, in sending to you from time to time direct marketing materials relating to the marketing subjects as set out below. We may not so use your personal information unless we have your consent for the same. You may indicate your objection to our said use of your personal information in direct marketing by ticking the appropriate box at the bottom at no cost to you.
Marketing subjects above referred include:-
(a) All products, services, discount and/or benefit offered by 1SOURCE;
(b) food and beverage, alcoholic beverages, bakery or other catering services;
(c) entertainment, recreation or travelling;
(d) consumer products and services, including health and beauty, personal care, apparel, electronics, telecommunication, or other retail business generally;
(e) finance, banking, credit card, and other financial services;
(f) special events hosted by us and/or our affiliates for you and other 1SOURCE users, including but not limited to competitions and social gatherings;
(g) reward, loyalty or privileges programmes and related products and services;
(h) special offers including coupons, discounts, purchase offers and promotional campaigns;
(i) products and services offered by our affiliates and advertisers (the names of such affiliates and advertisers can be found in the relevant marketing materials for the relevant products and services); and
(j) donations and contributions for charitable and/or non-profit making purposes.
3.3 Access to your own Personal Information
In accordance with the terms of the Personal Data (Privacy) Ordinance (Cap. 486) and subject to the exemptions specified therein, you have the right to:
(a) check whether we hold personal information about you and to receive copies of such information;
(b) require us to correct any personal information relating to you which is inaccurate;
(c) ascertain our policies and practices in relation to personal information and to be informed of the kind of personal information held by us; and
(d) request us not to use your personal information for direct marketing purpose as described in Clause 3.2 above, and upon receiving your request as such we will cease to do so at no cost to you.
4. Our Sending of the Following Information to You
We may send the following information to you via 1SOURCE:-
(a) Welcome email to explain what to receive from 1SOURCE;
(b) Verification code necessary for assuring the completion of services;
(c) Push notifications necessary for the use of services;
(d) News, special discount, and promotion activities regarding 1SOURCE services;
(e) Periodic emails with information and links to 1SOURCE and/or Website and other related content; and
(f) Information about events, action campaigns and fundraising efforts.
5. Information Security and Privacy Protection Measures
Upstream Enterprise Inc. and its affiliates adopt the strictest security system to ensure that information we collected will not be lost, abused, or altered;
We adopt the security technology and procedure recognized in the industry to protect your personal information from unauthorized visit, use, or disclosure;
To provide better services, we may provide the collected data to third party for analysis and statistics. During the provision of services, we may also use third party’s products or services. All of the abovementioned third party individual or business will only be allowed to access the user’s information on a need basis, and they are all subject to strict confidential terms and conditions.
Please note the possibility and unpredictability that risks may exist in any security system.
7. Our Client Service