Lifewire Limited (“Lifewire” )
1. Summary of Service of Lifewire
Lifewire provides a platform which enables users (“Users”) to directly fund or run a fundraising campaign for different kind of projects — charitable projects and benevolent projects for individual beneficiaries nominated by Charity (as defined below).
For both charitable projects and benevolent projects for individual beneficiaries nominated by Charity, treatments and/or any other assistance funded through the Site are provided by charitable institutions enlisted in the Service by Lifewire (“Charity”).
For the charitable projects, they include but are not limited to raising funds for medical
treatments/facilities/health supplements (“Treatment”) for the Charity listed herein (“Charitable Projects”) for the benefit of its beneficiaries including but not limited to the patients from time to time introduced by Lifewire via www.lifewire.hk (“Profiles”).
For the benevolent projects for individual beneficiaries nominated by Charity, they include but are not limited to raising funds for Treatment for the benefit of specified individual beneficiaries nominated by Charity listed herein whose Profiles will also be posted onwww.lifewire.hk (“Benevolent Projects for Individual”).
Through the Service, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, other materials and information, and associated trademarks and copyrightable works (collectively, “Content”). Users of the Service may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content (“User Submissions”).
2. Acceptance of Terms
Lifewire reserves the right to change, suspend, or discontinue the Service (including, but not limited to your access to www.lifewire.hkand other related websites, the availability of any feature, database, or Content) at any time for any reason without notice and liability.
3. Age of Users
For both Charitable Projects and Benevolent Projects for Individual, children under the age of 18 (“Minors”) may involve as a participant but the organisation, supervision and promotion of any events on Lifewire must be dealt with by people of at least 18 years old. Minors who wish to be a Campaigner may be considered by Lifewire but such children Campaigners must consult their parents or guardians first and have their parents or guardians be solely and exclusively liable for the children’s actions and statements / representation in relation to fundraising on Lifewire. Minors may raise funds only with the permission of a parent or a guardian, as well as of Lifewire. Approval of such cases is at Lifewire’s sole and absolute discretion.
For both Charitable Projects and Benevolent Projects for Individual, Minors who wish to make any donations via Lifewire must consult their parents or guardians first and have their parents or guardians be solely and exclusively liable for the children’s actions and statements / representation in relation to donating or funding via Lifewire. Minors may donate only with the permission of a parent or a guardian. Approval of such donations is at parents’ or guardians’ sole and absolute discretion.
The guardians/parents of disabled persons or minors are absolutely liable for any liability arising out of and in connection with non-compliance with this Term of the age of Users.
4. Registering Your Account
5. Access to Lifewire via Third-Party Accounts
6. SPECIAL ATTENTION: Fundraising for Charitable Projects or Benevolent Projects for Individual (For the Attention of Charity and Individual Campaigners)
As a Registered User, you may use Lifewire to raise funds for a Charity of your choice. In the event of organizing event to raise funds for any Charitable Project of Benevolent Project for Individual nominated by Charity through our Service:
● You agree and acknowledge that you are fundraising on Lifewire solely at your own volition as an independent volunteer and that you will not be compensated or reimbursed or paid by any other party for your fundraising activities you conduct on Lifewire.
● You agree to provide true, accurate, and complete information including information and private data from any third party which you warrant to use your best endeavour to check its authenticity, completeness and accuracy before publishing or using the said third party data and information.
● You agree to obtain consent or licence from the third party as to the use and publication of the third party’s data and information, intellectual property rights owned by the third party before your usage of the same.
● You agree that you are solely liable and responsible for all actions and statements taken under your Account.
● You agree that you do not have authority to act on behalf of, speak for, or obligate Lifewire in any manner, except to use authorised Lifewire online tools and materials to raise funds through Lifewire.
● You assure that the fundraising events and promotions of such events do not involve any illegal, improper, obscene , wrongful, socially unacceptable, repulsive acts or statements, or any acts or statements which are contradictory to the purpose and aim of your preferred Charity.
● If you create a Charitable Project or a Benevolent Project for Individual:
● You warrant that you obtain approval from the Charity you support for the fundraising activities you plan and implement. In this regard, Lifewire reserves the right of checking the proof of approval and the charitable status of the Charity you support.
● You agree and you will get the prior approval from the Charity you support for the receipt by the Charity of the donation raised by you via Lifewire.
7. SPECIAL ATTENTION: Donations for Charitable Projects or Benevolent Projects for Individual (For the Attention of Donors)
The following terms are important, please read carefully:
• You agree to provide your payment information at the time you fund a Profile or a Charitable Project or a Charity. The payment will be collected at the time of the donation. The amount you donate is the amount you will be charged.
• You agree to provide Lifewire with a valid credit or debit card (Visa, MasterCard, UnionPay or any other issuer accepted by us) or PayPal account (“Payment Service Provider”).
• By providing Lifewire with your credit or debit card number or PayPal account and associated payment information, you agree that Lifewire is authorised to immediately invoice your Account for all donations that you make to the Charity and that no additional notice or consent is required.
• You agree to immediately notify Lifewire of any change in your billing address or the credit or debit card or PayPal account information used for payment hereunder. Lifewire reserves the right at any time to change its billing methods, either immediately upon posting on the Site or by e-mail delivery to you.
• Lifewire shall charge 4.5% from the donation as our administration fee (“Administration Fee”). You agree that Lifewire may deduct the Administration Fee from the sums of donation actually received after deduction of bank’s charge (“Received Donation”) collected from you.
- The Received Donation after deduction of the Administration Fee (“Net Donation”) transferred to the Charity is for the benefit of, including but not limited to the Profiles.
- You agree that the donation you made is for charitable purpose for the benefit of beneficiaries of the Charity, including but not limited to, for the benefit of the Profiles. You hereby expressly and absolutely authorise the Charity to apply your donation for other charitable purposes and/or projects other than for the benefit of the Profiles or individual beneficiaries.
- Lifewire reserves the right to cancel a donation at any time without reasons. Lifewire may or may not comment on the reasons for any of those actions.
- Lifewire reserves the right to reject, cancel, interrupt, remove, or suspend a Profile at any time without reason. Lifewire is not liable for any damages as a result of those actions. Lifewire may or may not comment on the reasons for any of those actions.
8. Refund of Donations
Donation is not refundable once payment is made unless the payment is not authorised by the donor. Lifewire has absolute rights to decide the refund policy and its decision shall be final and conclusive.
9. Donations to Charity and Tax Exemption
Donations made via Lifewire in support of the Charity for the benefit of, including but not limited to the Charitable Projects and/or Benevolent Projects for Individual are unconditional gifts and are not refundable, subject to SECTION 8 above.
Tax exemption may be claimed with the receipts issued by Lifewire subject to the decision of the Inland Revenue Department of the Hong Kong Special Administrative Region. .
Lifewire is not liable for any failure to obtain tax exemption for any reason.
10. Rules and Conduct
• infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
• you know is false, misleading, or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortuous, obscene, offensive, profane, or invasive of another’s privacy;
• constitutes unsolicited or unauthorised advertising or promotional material or any junk mail, spam, or chain letters;
• involves commercial activities and/or sales without Lifewire’s prior written consent, such as contests, sweepstakes, barter, advertising or pyramid schemes;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password, or other information of Lifewire or any third party, including but not limited to violating or attempting to violate any security features of the Service;
• is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or impersonates any person or entity, including any employee or representative of Lifewire.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Lifewire in its sole discretion) an unreasonable or disproportionately large load on Lifewire’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Lifewire may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
11. Third-Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Service. When you access third-party websites, you do so at your own risk. Those other websites are not under Lifewire’s control, and you acknowledge that Lifewire is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Service does not imply endorsement by or affiliation with Lifewire. You further acknowledge and agree that Lifewire shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
12. Content and Licence
You agree that the Service contains Content provided by Lifewire, its Charities and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
Lifewire grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable licence to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from Lifewire, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
(For the Attention of Campaigners)
13. Intellectual Property
By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
• You grant to Lifewire the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Service, (b) Lifewire’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you, in connection with the provision or marketing of the Service. The foregoing licence granted to Lifewire does not affect your other ownership or licence rights in your User Submissions, including the right to grant additional licensces to your User Submissions.
• You are publishing your User Submissions, and you may be identified publicly by your name or User ID in association with your User Submissions.
• You grant to each User a non-exclusive licence to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
• You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant all of the licence rights granted herein.
• Lifewire shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
• All Content in any User Submissions publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that User Submission originated.
• Lifewire will not be liable for any errors or omissions in any Content or User Submissions.
• Lifewire cannot guarantee the identity of any other Users with whom you may interact while using the Service.
• All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
• The use or other exploitation of User Submissions by Lifewire and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
• You agree that submission of any ideas, suggestions, documents and/or proposals to Lifewire through our suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Lifewire has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Lifewire a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and licence to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit in any manner, any Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service.
14. Copyright Notifications
In accordance with the Copyright Ordinance (Cap. 528), Lifewire has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Lifewire may also terminate User accounts even based on a single infringement.
It is Lifewire’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Lifewire by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide [us] OR [our Copyright Agent] with the following information: (1) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
Termination of Accounts
Termination of Charitable Projects (For the Attention of Donors of Charity)
Lifewire has no control of the process of the Charitable Projects. Lifewire can only notify you about the termination of the Charitable Projects if and when receiving such notice from the Charity involved.
You agree that in the event that an existing Charitable Project becomes unsustainable or be terminated (“Terminated Projects”), the donation you made will be applied to other Charitable Projects organised by the Charity organising the Terminated Projects. Lifewire shall not be liable for any loss and damages arising out of and in relation to the termination of the Terminated Projects.
Termination of Benevolent Projects for Individual (For the Attention of Donors for Specified Individual Beneficiaries)
In the case of an early termination of a Benevolent Project for Individual beneficiaries nominated by Charity, you agree the donation you made will be applied to other Charitable Projects organised by the Charity organising the terminated project. y Lifewire shall not be liable for any loss and damages arising out of and in relation to the termination of the terminated projects.
Donors acknowledge that any designation of a donation’s use is merely an expression of preference and does not give rise to any contractual obligations. Lifewire is not liable for any loss and damages due to the termination or early termination of a project. Neither donation nor Administrative Fee will be refunded unless the donation is made mistakenly or is not authorised by the donor.
Donors acknowledge that any designation of a donation’s use is merely an expression of preference and does not give rise to any contractual obligations. Lifewire is not liable for any failure to transfer donations to the designated Charity due to the premature termination of a project. No Administration Fee will be refunded under such circumstances unless donation is made mistakenly or is not authorised by the donor.
Termination of Recurring Donations (For the Attention of Donors of Charity)
Donors acknowledge that donation once made is non-refundable unless it is made by mistake or is not authorised by the donor.
You may terminate your recurring donation by giving 1 calendar month’s prior notice of termination to Lifewire via email@example.com. Termination of recurring donations is not equivalent to a refund but is merely a cessation of further payments. All previous payments made are not refundable.
16. Warranty Disclaimer
Lifewire has no special relationship with, or fiduciary duty to, you. You acknowledge that Lifewire has no duty to take any action regarding any of the following: which Users gain access to the Service; what Content Users access through the Service; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. Lifewire cannot guarantee the authenticity of any data or information that Users provide about themselves. Lifewire cannot guarantee the accuracy or authenticity of any information contained in any Profile nor any information Submitted by any User or a Charity concerning a Profile. You release Lifewire from all liability for your having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Lifewire makes no representations concerning any Content on the Service, and Lifewire is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service. Lifewire does not guarantee that any Content will be made available through the Service. Lifewire has no obligation to monitor the Service or Content. Lifewire reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a Profile; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submissions; and (iii) remove or block any User or User Submissions. Lifewire reserves the right not to comment on the reasons for any of these actions.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. LIFEWIRE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT OR COVENANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITIONS LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Personal Data (Privacy) Ordinance (Cap. 486): LIFEWIRE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Lifewire will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Lifewire’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Lifewire is not a medical health provider itself and does not personally evaluate donees or patients. Lifewire is not liable for the outcome of any treatment funded through the Service and made available by a Charity. Lifewire does not warrant that any charitable project including but not limited to the treatment will be successful, nor is Lifewire liable for any damages or loss incurred related to any project or treatment funded through the Service. Lifewire is under no obligation to become involved in disputes between any Users, Users and Charities, or between Users and any third party, arising in connection with the use of the Service. You release Lifewire, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
18. Limitations of Liability
IN NO EVENT SHALL LIFEWIRE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) [ONE HUNDRED] HONG KONG DOLLARS ($[100.00]). SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from locations outside of the Special Administrative Region of Hong Kong, you do so at your own initiative and are responsible for compliance with local laws.
20. Electronic Delivery, Notice Policy, and Your Consent
By using the Service, you consent to receive from Lifewire all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. Lifewire may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Service.
21. Governing Law
22. Integration and Severability
23. Consumer Complaints
In accordance with Consumer Council Ordinance (Cap. 216), you may report complaints to the North Point Consumer Advice Centre of Consumer Council by contacting them in writing at Room 1410, 14/F, Kodak House II, 39 Healthy Street East, North Point, Hong Kong, or by telephone at (852) 2929 2222.
(a) words importing a gender shall include every gender and words importing the singular shall include the plural and vice versa;
(c) where “Lifewire”; “the Charity”; “Minor”; and/or “Guardian” include two or more companies and/or corporations and/or persons then all agreements, covenants, conditions and obligations (implied or expressed) of that party shall be deemed to be made and given by such companies and/or corporations and/or persons jointly and severally; and
(d) where the expression “Lifewire” whenever used shall in case of company and/or corporation include the company or corporation specifically named and its successors and assigns including but not limited to its sub-contractors and their successors and assigns.
End of Terms