Terms of Use

All sections of these Terms of Use that, by their nature, should / will survive termination, including without limitation the sections entitled User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability, No Medical Advice and General Information.

 

Introduction

The “Infinity Walker” mobile application (“App”) is an online mechanism for tracking, managing and sharing all of your walking/running/hiking activities. It is provided to you by Oxfam Hong Kong (“us” or “we” or “our” or “OHK”), in connection with our partners, service providers, sponsors, or other affiliates. Thus, we may safely and responsibly manage this App for all of our users. Your use of this App is subject to certain terms and conditions. The terms and conditions set forth below (“Terms of Use”), as well as our privacy policy set forth in our “Privacy Policy”, apply to your use of the services and functionality provided on or through the mobile application (the “Services”).

 

Use of the Services

The Services allow for the delivery of software, text, graphics, images, video, audio, data and other materials (collectively referred to as the “Content”). The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our partners, sponsors, or affiliates. The Content is protected by copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose, except to utilize features of the Services that, by their nature, involve publishing or sharing of Content with the public. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.

 

Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Your use of the Services should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.

 

The Services include access to links to, and content and data from, third-party websites (“External Services”). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Services. The content of such External Services is developed and provided by others. In addition, the Services permit access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.

 

The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Services, which in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof, (iii) use of web scraping, web harvesting, or web data extraction methods from “Infinity Walker” even if the “Infinity Walker” account owner gives permission; and (iv) any use of the Services which is unlawful or in violation of these Terms of Use.

 

By using the Services, you represent and warrant that you are 18 years of age or older. Your account may be terminated without warning, if we believe that you are under 18 years of age.

 

Your use of the Services is subject, in our sole discretion, to termination at any time.

 

User Content

The content displayed on this App is provided "as is" without any express or implied warranty of any kind, including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose, and without any guarantees, conditions or warranties as to its accuracy. OHK does not guarantee that such content is error-free or without any defects. OHK is not responsible for the availability, content or services of other third party providers, online merchants or advertisers that may be linked to or posted within the App. We do not provide any warranty or guarantee in respect of availability and/or uninterrupted use of the App except that we will use our reasonable endeavours to rectify serious faults as soon as practicable.

 

The Services may now or in the future include functionality to permit the submission of Content at the direction of users of the Services and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.

 

You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use, and (ii) you have the consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with our provision of the Services and our (and our successors) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, if you have permitted such access through your account settings, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under these Terms of Use. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

 

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendations, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Content infringes on another’s intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to the Services, if you are deemed to be a repeat infringer. A repeat infringer is anymore who has been notified of infringing activity more than once and/or has had any User Content removed from the Services more than twice. We also reserve the sole discretion to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

 

Certain information on the App is provided by external parties which do not necessarily represent the views of OHK. We take no responsibility for the content of such information or any information on external websites linked to the App. If you wish to make any use of material on the App, please address your request to info@oxfam.org.hk.

 

Indemnity

Browsing the App or using the services provided by OHK through the App is solely at your own risk. OHK will not be liable for any direct, indirect or consequential loss or damage of any kind (including loss of revenues, profits, business or data, in any way related to the App), or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the App, or any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise (even if foreseeable), incurred by any person for any cause arising as a result of the use of or access to, or inability to use or access the App, any use of or access to, or any inability to use or access any websites linked to the App, any donations concluded through the App or any content posted on such App (including any defamatory content or content which infringes intellectual property rights of any third party).

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under any applicable law.

 

Disclaimer of Warranty and Limitation of Liability

We, our affiliates, our partners, and our sponsors make no warranties or representations about the content (including the user content), including but not limited to its accuracy, reliability, completeness, or timeliness.

 

Neither we nor our affiliates, partners or sponsors shall be subject to liability for truth, accuracy, or completeness of any information conveyed to users of the services or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the services and the content at your own risk.

 

Although OHK intends to take reasonable steps to prevent the introduction of viruses, worms, "Trojan Horses" or other destructive materials to the App, OHK and its affiliates, agents, licensors, sponsors or other third party providers do not guarantee or warrant that the App or content displayed on the App (whether downloadable or not) from the App do not contain such destructive features. OHK and its affiliates, agents, licensors, sponsors or other third party providers are not liable for any direct, indirect or consequential loss or damage attributable to such destructive features. For the avoidance of doubt, any material downloaded or otherwise obtained through the use of the App is done at your own discretion and risk and you will be solely responsible for any damage to your mobile or loss of data that results from the download of any material from the App or any third party websites linked to the App.

 

The services and content are provided on an “as is” and “as available” basis without any warranties of any kind. We hereby disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.

 

No Medical Advice

This mobile application provides the Services for you to track, manage, and share your walking/running/hiking activities. The services do not contain or constitute, and should not be interpreted as, medical advice or opinion. We are not licensed medical professional, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. Your use of the mobile application does not create a doctor-patient relationship between you and OHK.

 

General Information

These Terms of Use have been prepared in English and Chinese. In the event of a conflict between the English and Chinese versions, the English version will prevail.

 

These Terms of Use constitute the entire agreement between you and OHK and govern your use of the App, superseding any prior agreements between you and OHK with respect to the App.

 

The failure of OHK to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

We reserve the right to make changes to the App at any time, and from time to time modify or discontinue temporarily or permanently the App (or any part thereof) with or without notice to you. If you have any concerns about material which appears on the App or if you wish to make a complaint concerning the use of any material or content contained in the App or report any breach or violation of any of the provisions of these Terms of Use, please contact us by email at info@oxfam.org.hk or by telephone on (852) 2520 2525.

 

You may terminate this Agreement at any time by canceling your account. There are no refunds for any rewards redeemed and any points that have not been used. You are responsible for terminating your account and this Agreement and we are not responsible for your failure to properly terminate your service and this Agreement nor for any fees you incur as a result of your failure to properly terminate your service and this Agreement.

 

We may terminate this Agreement, disable your account, and/or put your account on inactive status, in each case at any time with reasonable cause or violation to these terms mentioned above, and with or without notice. We shall have no liability to you or any third party because of such termination or action.