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Notice of Amendment to Platform Agreement (effective 26 February 2024)
19 February 2024
We are updating our Platform Agreement, which will take effect on [insert date 7 days from publication]. You can find the updated Platform Agreement via this link.
Please note that the updated Platform Agreement will be binding on you if you continue to access or use our Platform, on or after [date 7 days from publication]. If you do not accept the revised terms, you have the right to terminate your account with us.
Please feel free to get in touch with us on support.hk@endowus.com if you have any questions.
Summary of Amendments to the “Platform Agreement” (Changes indicated as strikethrough for deletion and grey highlighted for newly added)
| Clause | Exisiting Clause | Revised Clause |
|---|---|---|
| 2 | "Platform" means the online platform (accessible through our website at https://endowus.com/en-hk or through our mobile application) operated by us | "Platform" means the online platform (accessible through our website at https://endowus.com/en-hk or through our mobile application) operated by us including any software or information provided as part of or in connection with the Platform and includes our website as well as any electronic means of communication which we have made available to you; |
| 2 | "Service" means any service provided by us through the Platform | "Service" means any service provided by us through our Agreement with you and/or through the Platform |
| 6.1 | The names, images and logos or any other trademarks ("Marks") identifying us or third parties and their products and services are subject to copyright, design rights and trademarks of us and/or third parties, and all rights to the Marks are expressly reserved by us or the relevant third parties. Nothing contained in this Platform Agreement shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of us or any other third party, without the prior written consent of us or such third party. You shall not use our Marks or the Marks of any other third party in any way, including in any advertising or publicity, or as a hyperlink without our prior written consent. | The names, images and logos or any other trademarks ("Marks") identifying us or third parties and their products and services are subject to copyright, design rights and trademarks of us, our affiliates and/or third parties, and all rights to the Marks are expressly reserved by us, our affiliates or the relevant third parties. Nothing contained in this Platform Agreement shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of us, our affiliates or any other third party, without the prior written consent of us or such third party. You shall not use our Marks or the Marks of any of our affiliates or other third party in any way, including in any advertising or publicity, or as a hyperlink without our prior written consent. |
| 6.2 | We, our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers and other third parties we may appoint for the operation of this Platform or the provision of services to you and licensors own and retain all rights, titles and interests in and to … | We, our affiliates, our service providers, agents (or their sub- agents), contractors (or their sub- contractors), delegates, suppliers and other third parties we may appoint for the operation of this Platform or the provision of services to you and licensors own and retain all rights, titles and interests in and to … |
| 6.6 | Without prejudice to the generality of the foregoing, all copyright, trademarks, trade secrets, service marks, registered and unregistered design rights and all other intellectual property and other rights in the applications, processes, systems and services relating to the Platform are property of Endowus and shall at all times remain the sole and exclusive property of Endowus, and/or where applicable its licensors. You shall have no right or interest in such intellectual property or other rights, except the right to access and use the Service as provided to in this Platform Agreement. All rights not expressly granted to you are reserved by Endowus. | Without prejudice to the generality of the foregoing, all copyright, trademarks, trade secrets, service marks, registered and unregistered design rights and all other intellectual property and other rights in the applications, processes, systems and services relating to the Platform are property of Endowus and/or our affiliates and shall at all times remain the sole and exclusive property of Endowus and/or our affiliates, and/or where applicable its or their licensors. You shall have no right or interest in such intellectual property or other rights, except the right to access and use the Service as provided to in this Platform Agreement. All rights not expressly granted to you are reserved by Endowus and/or our affiliates. |
| 7.1 | The Platform is provided "AS IS" on an "IS AVAILABLE" basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law). We and our licensors disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non- infringement of proprietary rights… | The Platform is provided “AS IS” on an “IS AVAILABLE” basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law). We, our affiliates, and our licensors disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non- infringement of proprietary rights… |
| 7.5 | Exclusion of liability. To the maximum extent permitted under Applicable Law and without prejudice to any other rights we may have under this Platform Agreement, you acknowledge and agree that we and any of our or our affiliates’ service providers, agents (or their sub-agents), contractors (or their sub- contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform or the provision of services to you (including the Service), directors, officers, employees, subsidiaries, successors or assigns are not liable to you for any direct, indirect, consequential, incidental, special or punitive losses suffered by you or any third party, whether arising based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with: … | Exclusion of liability. To the maximum extent permitted under Applicable Law and without prejudice to any other rights we may have under this Platform Agreement, you acknowledge and agree that we, our affiliates and any of our or our affiliates’ service providers, agents (or their sub- agents), contractors (or their sub- contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform or the provision of services to you (including the Service), directors, officers, employees, subsidiaries, successors or assigns are not liable to you for any direct, indirect, consequential, incidental, special or punitive losses suffered by you or any third party, whether arising based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with: … |
