Website Terms of Use

 

These Terms apply to use of the TAPPRO website, the mobile app, and or other related online and offline platforms, and to all information, advice, and or related services (as defined below) provided to you through TAPPRO.

 

TAPPRO is the website and provides building survey services, and other referral services.

 

Please read these Terms of Use carefully. Using TAPPRO or the Services, you acknowledge and agreed to be bounded by these Terms of Use and the Privacy Policy. If you do not agree the Terms of Use and Privacy Policy, please do not accept the services offered through TAPPRO website.

 

Users and related staff

 

1. Definition and Interpretation

 

Unless otherwise defined, the following definitions and rules of interpretation apply to these Terms and Conditions.

 

"Advertisement" means any promotional information and materials that may appear on your mobile device when the Program is in use.

 

"Service Provider" means the person or operator whose services are or may be required to provide through the use of TAPPRO.

 

"Related Services" means any services provided to you by TAPPRO, including, but not limited to, the services described in point 3 below.

 

"Other Referral Services" means the referral services provided by TAPPRO.

 

"Site" means the service and referral service provided by TAPPRO from which you may obtain such service and referral.

 

"These Terms and Conditions" means these Terms and Conditions, as may be amended and supplemented from time to time by TAPPRO.

 

Headings are for convenience only and do not affect the interpretation of these Terms. Words in the singular have plural meanings, and words in the masculine gender have feminine and neuter meanings, and vice versa.

 

Any reference to an individual, corporation, trust, partnership, unincorporated body of persons, or other entity includes any of them.

 

2. Authorisation of this site

 

Except for such non-transferable, personal rights to use and receive the Services by these Terms, you do not acquire any intellectual property rights (including, without limitation, copyrights, trademarks, graphics, photographs, animations, videos, and text, or rights in the site) in NEK Construction Company Limited or any other third party or advertiser because of your use of the site.

 

You may not do any of the following in connection with the site:

 

Sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available in any form the services or the site to any third party

 

 

Modify or any derivative works of the services:

 

Establish a network connection to "connect" to the service or "embed" or "emulate" the site on any other

server or device with a wireless or network connection

 

Reverse engineering or using the site for the following purposes:

 

Design or create a competitive product or services

 

Design or create a product with concepts, features,

functions, or patterns similar to those of the services or the program

 

Reproduce any concepts, features, functions, or graphics of the Services or the Site

 

Launch an automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, robotic programs, viruses or computer worms, or any program that can issue multiple server requests per second or overburden or impede the operation and or execution of the service or the program.

 

3. Services

 

TAPPRO as a technical platform for you to obtain information about building survey services and related services through the use of TAPPRO. Through the use of TAPPRO, you can send your request for building survey services, and related service information (with your contact information and details of your request) to TAPPRO, will then send your building survey request to the relevant service provider. If the service provider accepts the request, TAPPRO will notify you and instruct the service provider to provide the relevant services at the specified time and location.

 

You acknowledge and agree that TAPPRO is an intermediary between you and the Service Provider, and is not an agent of you or the Service Provider. TAPPRO is not responsible for the acts, omissions, conduct, actions, or inactions of any service provider or otherwise. If you have a complaint about a service provider's services, TAPPRO will be willing to assist in communicating and resolving the dispute.

 

4. use of TAPPRO and related services

 

You promise and guarantee that:

 

All information and details provided by you to TAPPRO including, but not limited to, those provided through this program are true, accurate, complete, and up-to-date.

 

You will not use TAPPRO or the Services for the following purposes:

 

any illegal use;

 

interfere with, impair, diminish or make less efficient by any use;

 

accessing or attempting to access another user's account, or penetrating or attempting to penetrate any security measure;

 

advertising or promoting third parties or your products or services;

 

to comply with all applicable laws when using TAPPRO or related services;

 

you will not use TAPPRO or the services to cause annoyance, distress, or inconvenience to others

 

you will not do anything to damage the reputation of TAPPRO;

 

provide identification and relevant supporting documents as reasonably requested by TAPPRO; and

 

If TAPPRO is required to face any complaint or action by any other person as a result of your violation of these Terms, you shall fully indemnify and reimburse TAPPRO for its losses and related expenses and defend and/or counterclaim, if any, for TAPPRO including, but not limited to, presenting the truth as a party or witness in the litigation.

 

If TAPPRO has reasonable grounds to believe that you have violated these Terms or if TAPPRO believes that you are abusing TAPPRO or the Services, TAPPRO may suspend, restrict or terminate your use of TAPPRO and the Services at any time without prior notice or liability of any kind to you. However, this does not limit any rights that TAPPRO may have against you under these User Terms or other laws.

 

 

5. Fees and Payment

 

Please refer to the latest fee schedule listed on this website / provided by all means of communication channel on required building survey services provided by TAPPRO. You agree to pay in full the service fee for the building survey service you select and to ensure that payment is valid.

 

 

6. Promotional activities

 

From time to time, TAPPRO will offer promotions and reserves the right to modify, suspend, withdraw or terminate all such promotions without notice or compensation.

 

 

7. Links and Advertising

 

TAPPRO may contain advertisements and links to third-party websites. TAPPRO will not be responsible for the content, legality, or accuracy of such third-party sites and advertisements. TAPPRO provides links to third-party websites for your convenience only but makes no representation that TAPPRO endorses or is responsible for the content of such third-party websites. If you link to a third-party website or advertisement, you do so at your own risk, and TAPPRO assumes no responsibility for any transactions between you and any advertiser or third-party website operator.

 

 

8. contract for damages

 

By accepting this section and using TAPPRO or the related services, you agree to TAPPRO's affiliates, and the employees, directors, building surveyors, and attorneys of the above parties harmless.

 

* complaints or claims for damages (including, but not limited to, settlement costs, attorneys' fees, or litigation costs) arising out of your violation of these User Terms or any applicable law or regulation, whether or not mentioned herein.

 

* A complaint or claim for damages (including, but not limited to, settlement costs, attorneys' fees, or court costs) arising out of your violation of any rights of any third party (including service providers arranged through TAPPRO); or

 

* all complaints, costs, damages, losses, liabilities, expenses, damages (including, but not limited to, attorneys' fees and court costs) arising out of or suffered as a result of the improper use of TAPPRO or related services.

 

 

9. Disclaimer

 

* TAPPRO does not guarantee the availability of such services, nor does it guarantee the quality, suitability, or timeliness of the services provided by the service provider of such services

 

* The service times for any building survey services undertaken are best estimates only, and TAPPRO shall not be liable if, for any reason, the actual time required for the above services exceeds any such estimates or your expectations. However, in such cases, TAPPRO is willing to assist in communicating and resolving any disputes

 

* TAPPRO will endeavor to ensure that the survey is completed at the time and place specified by the client when providing building survey services. If a building survey cannot be performed due to obstruction of the survey by other materials, components, furniture, etc. in the designated area of the building, TAPPRO will consider the survey as completed and will not refund

 

* If any item, material, component, or furniture is negligently damaged in the course of the building survey service, TAPPRO will be liable to pay compensation of not more than HK$500. You will be required to provide an order number, time and location of damage, photos of the damage, and an independent notary's estimate (you are responsible for the cost of the estimate) by email (info@tappro.org) to TAPPRO for verification. A maximum of one claim per user account per specified location will be paid.

 

 

10. Modification of these Terms and Conditions and related services

 

TAPPRO reserves the right to modify these Terms of Use or to change, suspend or discontinue the TAPPRO service (including, without limitation, the availability of any feature or content) at any time as it deems necessary. Such modifications, changes, suspensions, or terminations will be notified to you by email through TAPPRO. Such email notification will be effective immediately upon issuance and will be binding on you. TAPPRO also reserves the right to impose limitations on certain features or services without notice.

 

 

11. Personal information and privacy

 

To use the services provided by TAPPRO, you agree to provide TAPPRO with certain registration information, including, but not limited to, personal identification, address, location, and contact information of the relevant premises (hereinafter called "Personal Data"), during the course of your use of such services.

 

In addition to the data described above, you agree that TAPPRO may automatically collect certain information generated by users of the Software (hereinafter called "Technical Information") through the Software, and may record and retain such Technical Information.

 

Users agree to the TAPPRO and/or the Privacy Policy recorded below and agree that, with or without notice, you accept the TAPPRO Privacy Policy, which may be changed or modified by TAPPRO at any time.

 

By using other related services of TAPPRO, you hereby expressly consent to the collection, processing, and international transfer of your personal and technical information by the above Privacy Policy. You also agree that if TAPPRO transfers its company or services to a third party, you will transfer such personal and technical information, together with your consent, to such a third party. If you object to such use for any reason, you may at any time request in writing access to, provide copies of, supplement, correct, or delete personal information and request that such use be discontinued. Such requests should be sent to TAPPRO at info@tappro.org

 

TAPPRO determines that only those employees who have a reasonable need to contact the user to provide services or who have a reasonable need to know the user's personal information as a result of other work relationships may be provided with personal information. We have a set of physical, electronic, and procedural security measures in place to protect the personal information of users under the requirements for the protection of personal information.

 

 

12. Use of personal data

 

TAPPRO may use and analyse user information for purposes including, but not limited to, the following

 

 - Verifying the identity of the user

 - Processing user inquiries and providing users with progress/update information on the services they have inquired about

 - To provide services to users and to process the relevant services already used by users

 - Assist users when they make inquiries about services, including investigating and resolving problems affecting the quality of services and handling any billing inquiries from users

 - Issuing bills to users for services provided by TAPPRO

 - Responding to inquiries or complaints from users regarding services provided by TAPPRO

 - Keeping records for reference

 -Promote and advertise any services

 - Assisting TAPPRO in preventing fraud or crime

 - Tracing and collecting debts (including hiring debt collection agents) and managing credit

 - Contacting users as needed

 - Disclosure required or permitted by law

 

 

13. Disclosure and sharing of personal information

 

TAPPRO will keep all personal information held confidentially but may disclose information about users to

 

 - Debt collection or recovery agents

 - Law enforcement agencies, government departments, regulatory agencies, courts, or other agencies as required by law

 - Professional advisors (including lawyers and auditors)

 - laboratories accredited by the Hong Kong Accreditation Service

 

14. online personal information collection

 

While TAPPRO is committed to protecting the information provided by users, due to the nature of the Internet, TAPPRO is unable to provide full assurance. TAPPRO does not collect personally identifiable information from users when they visit TAPPRO websites. The information is used only to compile general statistics about the website.

 

When users visit TAPPRO, the site keeps a record of their visits to analyze the number of visitors and general usage of the site. Some of this information is collected through a "cookie" program, which is a file containing a small amount of information that is automatically stored on the visitor's own computer's Internet browser and can be retrieved by the site at a later date. "Cookies" collects anonymous aggregate statistical information and does not include personal contact information such as names, addresses, or phone numbers, and email addresses. Cookies are currently enabled by default on all common browser versions. If you wish to disable cookies or be notified of their use, you may change your browser's settings, but you may not be able to access certain parts of the site after doing so.

 

Personal information collected online by TAPPRO is stored in a secure database that is protected by a firewall and separated from the Internet. Only properly trained and authorized staff may access this personal information and TAPPRO will not disclose users' personal information to other organizations without their consent (except as described in the Personal Information Collection Statement).

 

To provide more information and services to visitors, TAPPRO may link to other websites ("Third Parties") that collect personal information (such as the name, phone number, and email address of the user) from visitors when they use its services, and they provide personal information to TAPPRO. The privacy policy of TAPPRO does not govern these third parties.

 

15. Third party rights

 

In connection with the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) (the "Third Party Rights Ordinance"), TAPPRO and you, the user, hereby agree that:

 

(a) A person who is not a party to this User Agreement ("Third Party") shall not be entitled to enforce or enjoy any rights or remedies hereunder under the Third Party Rights Ordinance, except to the extent that any rights or remedies of a Third Party exist or are enjoyed outside of the Third Party Rights Ordinance;

 

(b) You may not assign your rights under these Terms enforceable under the Third Party Rights Ordinance to another person, except as expressly provided in the Third Party Rights Ordinance; and

 

(c) TAPPRO has the right to repeal or modify any provision of this Ordinance or the Third Party Rights Ordinance at any time without your consent or the consent of any third party.

 

16. Miscellaneous

 

You may not assign or transfer any of your rights and obligations under these Terms to any third party without the prior written consent of TAPPRO. TAPPRO may assign or transfer any of rights and obligations hereunder to any third party. 

 

TAPPRO may notify you by posting a general notice in TAPPRO or by sending a text message to the phone number in your account information with TAPPRO.

 

If any part of these Terms and Conditions is deemed unlawful or for any reason unenforceable, that part shall be deemed severed from these Terms and Conditions, and the validity and enforceability of all remaining provisions of these Terms and Conditions shall not be affected thereby.

 

 

17. Legal interpretation and jurisdiction

 

This Agreement shall be construed and governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and in case of any dispute, the parties shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

 

 

18. User commitment to TAPPRO

 

a) Permissions you grant us:

We require you to grant certain permissions to provide the service:

- Permission to use the content you create and share: Some of the content you share or upload (such as photos or videos) may be protected by intellectual property laws.

You own the intellectual property (e.g., copyright or trademark) in such content that you create and share in TAPPRO and other TAPPRO products that you use. Nothing in these Terms will deprive you of your rights to your content. You may share your content with anyone, anytime and anywhere.

However, in order to provide our services, we need you to grant us partial legal permission to use the content (also known as a "license"). This is done only to provide and improve our products and services as described above.

Specifically, when you share, post, or upload content protected by intellectual property rights on or in connection with our products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, post, modify, run, reproduce, publicly perform or display, translate your content and create derivative works (consistent with your privacy and application settings). For example, if you share a photo on a TAPPRO page, you grant us permission to store, copy, and share that photo with others (again, consistent with your settings), including service providers that provide support for our services or other TAPPRO products that you use. This license will end when your content is deleted from our system.

 

- Permission to use your name, profile picture, and information about your actions in advertisements and sponsored content: You permit us to use your name, profile picture, and information about your actions in TAPPRO in advertisements, offers, and other sponsored content displayed alongside or in connection with each product, without compensation.

 

b) Restrictions on the use of our intellectual property

If you use content that is covered by intellectual property rights that we own and that appear in our products (for example, if you add photos, designs, videos, or sounds that we provide to content that you create or share on TAPPRO), we reserve all rights to that content (not your content). You may not use our copyrights or trademarks, (or similar marks) unless expressly permitted in our brand usage guidelines or with our written consent. You must obtain our written permission (or an open-source license) to modify, create derivative works, disassemble, or otherwise attempt to extract our source code.

 

Terms and Conditions

 

I have read and agree to all the terms and conditions of TAPPRO (in the Chinese version) and the Personal Information Collection Statement.