Please read these terms and conditions carefully. By using our website, registering or using our Service (as defined below) you agree to be bound by these terms and conditions and those set forth in our agreement you sign and commit to in becoming a member and/ or to use our services and facilities.
|“Agreement”||means, collectively, these Terms & Conditions (the “Terms and Conditions”), Membership Agreement, Membership Details form and any other attachments, exhibits, and/or supplements.|
|“Amphi”, “we” or “us”||means the entity you are entering into this Agreement with, namely Lilee Design Company Limited (operating under the business name “Amphi Studios”), a company incorporated under the laws of the Hong Kong (Company No. 1687386) and having its registered office situated at Unit 608, 6th Floor, Sunbeam Centre, 27 Shing Yip Street, Kwun Tong, Kowloon, Hong Kong.|
|“Amphi Co-Project Platform”||means the Amphi members-only community accessed through the internet or our mobile app.|
|“Authorized Signatory”||means an individual authorized to legally bind your company.|
|“Commitment Term”||means the period of time from the Start Date to the last day of the period set forth on the Membership Details Form under the Commitment Term, and which may be extended upon mutual agreement of the parties.|
|“Data”||means all receipts and other documents which you supply to us.|
|“Main Premises”||means the premises at Unit 608, 6th Floor, Sunbeam Centre, 27 Shing Yip Street, Kwun Tong, Kowloon, Hong Kong at which the Office Space (if applicable) is located, as set forth in the Membership Details Form.|
|“Member”||means each person you authorize to receive the Services (defined below) (each Member granted a “Membership”).|
|“Member Company” or “you”||means the company, entity or individual entering into this Agreement as listed in the Membership Details Form (either as a Corporate Member or an Individual Member).|
|“Order Form”||means any order form or similar document to which these terms and conditions are appended.|
|“Office Space”||means the actual office and/or workspace location(s) specified in the Membership Details Form (if applicable and if provided to you as a part of the service plan subscribed by you) with the Individual Office Name.|
|“Personal Data”||is your personal information such as name and address.|
|“Regulations”||means applicable laws, regulations or codes of conduct.|
CHANGES TO OUR TERMS AND CONDITIONS
We may change these terms and conditions by posting the revised version on our website for a reasonable period before they become effective. Please check with our team for the latest version from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.
USE OF OUR SERVICE
You are not eligible for, and must not use or register for, our Service if you are under 18 years of age unless you provide us with a form of parental consent which we agree in our absolute discretion to accept.
It is your responsibility to ensure that all contact and other information which you provide us is accurate and not misleading and that you will update it so that it remains so.
Subject to these terms and conditions and those in our Agreement, and any other policies we make available to you with prior notice from time to time, during the Term (as defined below), Amphi will use commercially reasonable efforts to provide you (and your Members, as applicable) the services described below:
- Non-exclusive access to and use of the Main Premises;
- Access to and use of the Office Space (if applicable);
- Regular maintenance of the Main Premises and the Office Space;
- Furnishings for the Office Space of reasonable quality and quantity;
- Access to and use of the Amphi Co-Project Platform in accordance with the terms of services available on our website;
- Access to and use of the shared Internet connection in accordance with the terms of services available on our website;
- Use of the printers, copiers and/or scanners available to our members and member companies, in accordance with the terms described herein;
- Use of the conference rooms in the Main Premises and use of conference rooms during Regular Business Hours, in each case subject to availability and your prior reservation of such conference rooms, in accordance with the terms described herein;
- Air-conditioning in the Main Premises and/or the Office Space during Regular Business Hours;
- Electricity for reasonably acceptable administrative office use;
- Acceptance of mail and deliveries on behalf of your business during Regular Business Days;
- Use of pantry and beverages made available to our members and member companies; and
- Eligibility to participate in members-only events, beneﬁts and promotions. (collectively, the “Services”).
Other services may be provided for an additional fee, such as car parking space, phone service, and IT services, subject to availability at the Main Premises and any additional terms and expenses applicable to those services.
Our Service comprises the provision of office space. It is your responsibility to satisfy yourself that our Service complies with any relevant Regulations and that it is otherwise suitable for your purposes.
You agree that in connection with the Service you will not breach any Regulations or infringe any rights of others. You agree that you will not supply any Data which is fraudulent or involves duplication of any document or which is offensive, vulgar, racist, abusive or similarly inappropriate.
It is your responsibility to ensure that all Data which you supply to us is accurate and legible. It is also your responsibility to check the digitised version of the Data to verify that it is accurate. For the avoidance of doubt, we are not responsible for checking your Data even if we have reason to think that it is inaccurate.
We reserve the right (but do not undertake) to reject, suspend, alter, remove or delete Data or to disclose to the relevant authorities any Data if it breaches our terms and conditions or it is necessary to protect us or others or where we have reasonable grounds for believing that a criminal act has been committed) or if we are required to do so by law or appropriate authority, without notice.
Any information which we ourselves make available on or in connection with our Service is intended for very general guidance but we cannot guarantee that it is accurate or up to date. Before acting on such information, you must make your own appropriate enquiries including as to its accuracy and suitability for your purposes and take appropriate professional or other advice. You rely on such information at your own risk.
You must comply with any guidelines or requirements on our Service. You must promptly comply with any reasonable request or instruction by us in connection with the Service.
We do not provide any support except insofar as expressly stated from time to time on our website.
We are entitled to temporarily suspend the Service for repair, maintenance, improvement or other technical reasons. If so, we will use reasonable endeavours to ensure that the suspension is for the shortest period possible.
Your account is non-transferable. You must not authorise or permit any other person to use your non-corporate account. Corporate accounts may only be used by persons who have been authorised in accordance with any requirements specified by us. You must take reasonable care to protect and keep confidential your password and other account or identity information and ensure that your authorised users do likewise (if you have a corporate account).
You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should also immediately amend your password via our Service. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
In the case of corporate accounts, you acknowledge that all Data within the account is viewable by other users of the account in accordance with any permissions set by the account administrator.
You must make all payments without any set-off, counterclaim and/or any other deduction.
If any amount due to us is unpaid, we may:
- charge reasonable additional administration costs; and/or
- charge interest as detailed in your agreement with us and/or
- suspend our Service as detailed in your agreement with us ; and/or
- cancel your agreement with us
No Refunds. Except as otherwise provided for herein, there shall be no refunds of any fees or other amounts paid by you or your Members in connection with the Services.
The agreement continues indefinitely until cancelled in accordance with these terms and conditions.
Corporate and non-corporate users may at any time cancel this agreement by following the instructions in the Membership Agreement. A request for cancellation under this clause does not give rise to any refund.
We may cancel your agreement with us on giving written notice if you have not supplied any Data to us for a period of at least 6 months.
We may at any time with or without notice suspend or cancel this agreement (at our option) if (1) in our absolute discretion we consider that you may have committed fraud in connection with our Services or that you have or may have breached our terms and conditions or (2) you suffer or threatens to suffer, any form of bankruptcy, insolvency, receivership, administrative receivership, administration, arrangement with creditors or you cease, or threaten to cease, to carry on business or (3) we are required to do so by law or appropriate authority.
We may cancel this agreement where otherwise stated in this agreement.
Following cancellation of this agreement, your registration for and right to use our Service are terminated. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You remain liable to pay any fees due as at the date of cancellation and there will be no refunds of any fees already paid.
We reserve the right to irretrievably delete any Data following cancellation of this agreement.
If we have given notice of cancellation in accordance with this agreement, you must not attempt to re-register for or use our Service.
THIRD PARTY WEBSITES
We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.
INTELLECTUAL PROPERTY RIGHTS
All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners. For the purposes of your personal use only, you may view such content on your screen and print a single copy. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (unless permitted by applicable law) or use such content without our specific prior written consent.
You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sub-license our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
Both parties agree to comply with all applicable data protection laws in connection with this agreement.
You are the data controller and we are the data processor in connection with any Personal Data included within the Data.
Insofar as we process any Personal Data on your behalf as data processor, we agree that:
- we shall do so only in accordance with this agreement or your written instructions, and
- we will at all times have appropriate technical and organisational measures in place to protect all such Personal Data against unauthorised or unlawful processing, accidental loss, destruction or damage and that, having regard to the state of technological development and the cost of implementing any measures, the measures shall ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage and to the nature of the data to be protected.
RESTRICTIONS OF OUR LIABILITY
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the total fees payable by you in the 12 months before the event(s) complained of.
In no event (including our own negligence) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data (even if we have been advised of the possibility of such losses).
You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation relating to the terms of this agreement is excluded.
“ACT OF GOD”
Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control including those caused by third party internet service or telecommunications providers. If our Service is unavailable for more than 14 days, you are entitled to cancel this agreement.
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement except insofar as expressly stated otherwise.
If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.