User Terms

These are the terms and conditions (「Terms」) which apply to your use of the gini software application (「App」). References to the 「App」 include any products and services that may be provided to you through the App. By registering for, installing, downloading, accessing and/or using the App (or attempting to do so), you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or do not accept any of these Terms, you should not register for, install, download, access or use the App. If you have any questions about the App, please contact us at [email protected].

1.  App ProviderThe App is provided by More Champ Limited (trading as gini) (「we「, 「our」 or 「us「). Our registered office is 2/F, Henan Building, 90-92 Jaffe Road, Wan Chai, Hong Kong.
2.  Using the App
   1. The App is for your personal and non-commercial use only. We grant you a non-transferable, non-exclusive, revocable licence to install, download, access and use the App in accordance with these Terms.
   2.  You must keep confidential and not share with any third party your username, password or any other information required for accessing and/or using the App. If you become aware that the confidentiality of such information has been comprised, you must immediately change your password and notify us.
   3.  You warrant and represent that you are the owner of and/or have relevant permission from the owner(s) of:
      1. any devices and equipment that you use; and
      2.  any online accounts (including online banking accounts) to which you may choose to connect via the App,
   4. For the purposes of registering for, installing, downloading, accessing and/or using the App. You accept responsibility in accordance with these Terms whether or not you are the owner of such devices, equipment or online accounts.
   5.  You must not use the App to engage in any activity which is unlawful, whether in Hong Kong or in any part of the world.
   6.  Any links, content or information provided to you via the App is for your general information purposes only and do not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
   7.  The App may contain links and/or references to third party websites, content, information, products and/or services (「Third Party Content「). Any such links, references and Third Party Content are provided for your convenience only and do not mean that we endorse them. We have no control over such Third Party Content and accept no legal responsibility for them. Your use of such Third Party Content will be subject to the terms and conditions and privacy statements of that third party.
3. Availability
   1.  The App is provided on an “as is” and “as available” basis. While we try to make sure that the App is accurate, up-to-date and free from viruses, worms, trojan horses, bugs, defects, errors or interruptions, we do not warrant that it will be. Furthermore, to the maximum extent permitted by statute, common law or otherwise, we provide no warranties (express or implied) regarding the fitness for purpose, compatibility or satisfactory quality of the App.
   2.  We may change the specifications or manner of use of the App (or any part of it), and suspend or terminate the operation of the App, at any time as we see fit.
4. Liability
   1.  Our total liability shall not exceed an amount equal to any fees paid by you for installing, downloading, accessing or using the App.
   2.  We shall not be liable for any consequential, indirect or special losses. In addition, we shall not be liable for any of the following (whether direct or indirect): loss of profit; loss of data; loss of use; loss of contract; loss of opportunity; loss of savings, discount or rebate (whether actual or anticipated); harm to reputation; loss of goodwill; or any damage or alteration to any devices or equipment that may be used to register for, install, download, access or use the App.
   3.  We shall have no liability to you for any breach of these Terms, or any delays or failures in relation to the App, which result from any events or circumstances beyond our reasonable control, including: strikes, lock-outs or other industrial disputes; delays or failures in systems, networks or internet access; flood, fire, explosion or accident; acts of war or legal restrictions.
   4.  Notwithstanding any other provision in these Terms, we do not exclude or limit our liability in respect of death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or for any other losses which cannot be excluded or limited by applicable law.
5. VariationWe reserve the right to vary these Terms from time to time, due to changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulations or any other changes. Any variations may be communicated to you in writing (including by email) or otherwise made available via the App or on our website. Following any variations to these Terms, by continuing to access or use the App, you agree to be bound by such varied Terms.
6.  Security and data protection
   1.  「Customer Data」 means any information or content which you provide to us when accessing or using the App (or for the purpose of accessing or using the App). We will take reasonable steps to ensure that all Customer Data in our possession is kept secure, including maintaining appropriate encryption protection.
   2.  By accessing or using the App, you acknowledge and agree that internet transmissions are never completely private or secure and you remain responsible for ensuring that any internet connection that you use for accessing or using the App is secure.
   3.  You grant us a royalty-free licence (for the duration of this agreement) to use the Customer Data to the extent necessary to provide our services to you via the App. We may anonymise Customer Data and use such anonymised data to improve or enhance the App (including our products and services). However, we will not provide your personal data to third parties without your consent – please refer our Privacy Statement (available here: Privacy Statement) for further provisions that apply to these Terms.
   4.  For the avoidance of doubt, in respect of any online accounts (including online banking accounts) to which you may choose to connect via the App, we do not collect store any usernames, passwords or other authentication details for such accounts – such authentication details do not leave the device or equipment on which the App is downloaded, installed or otherwise connected. There may be promotions or offers available to you via the App which, should you wish to accept them, may require us to collect and process personal data from you. For further details, please see our Privacy Statement referred to above.
7.  Intellectual property
   1.  We (or our group of companies or licensors) own all intellectual property rights in relation to the App (including copyright, trade marks, service marks, logos, design rights, rights to inventions, rights to software and source code, and database rights). Nothing in these Terms shall confer on you any licence with respect to such intellectual property rights.
   2.  You shall not, and shall not permit third parties, to:
      1. make and/or distribute copies of the App;
      2.  decompile, reverse engineer or disassemble the App (or attempt to do so); or
      3.  download‚ reproduce, transfer, publish, redistribute, adapt, create derivative works from, or make extracts of, the App or any content or information within it (or any part of it), other than for your personal‚ non-commercial use.
   3.  You shall indemnify (and keep indemnified) us and our officers, directors, agents, licensors, successors and assigns from against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) of any kind which arise out of or in connection with, directly or indirectly, your breach of any of the Terms.
8. Termination
   1.  We may terminate these Terms and/or prevent or suspend your access to the App (or any part of it), temporarily or permanently and without notice, for any reason (including: if we reasonably believe that: you have not complied with any part of these Terms, any terms or policies to which they refer or any applicable law; or our provision of the App is no longer commercially viable).
   2.  You may delete your account with us, in which case these Terms shall also terminate. If you wish to delete your account, please email us at [email protected].
   3.  Termination of these Terms for whatever reason shall not affect any of our or your accrued rights and liabilities.
9. General
   1. Any words in these Terms that follow 『include』, 『includes』, 『including』, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words.
   2.  If any provision in these Terms is determined to be illegal, invalid or otherwise unenforceable then, to the extent of such illegality, invalidity or unenforceability, such provision shall be severed from these Terms and the remaining terms and conditions shall survive in full force and effect.
   3.  If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of our rights or remedies to which we are entitled under these Terms, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
   4.  These Terms set out the whole of our agreement relating to your installing, downloading, accessing and/or using the App.
   5.  No one other than us or you has any right to enforce any provision term of this contract, whether under the Contracts (Rights of Third Parties) Ordinance or otherwise.
10.  Applicable law and jurisdictionThese Terms shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China (「Hong Kong「) and the parties shall irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.