Terms of Service

1. Introduction

The Terms and Conditions("Terms", "Terms of Condition") stated therein (collectively, the "Agreement") constitute a legal agreement between Skylio ("Company", "We", "Our", "Us") and you ("You" or the "User") stating the Terms and Conditions that govern your use of any services and properties such as websites or applications (“the Platform”) owned and operated by the Company. The Company’s registered office is at THE L. PLAZA 367-375 QUEEN'S ROAD CENTRAL SHEUNG WAN, HONG KONG.

In order to use the services and properties of the Company, you must agree to the Terms and Conditions that are set out below. By using or receiving any services supplied to you by the Platform, and downloading, installing and/or using the Platform, you hereby expressly acknowledge and agree to be bound by the Terms and Conditions set forth in this Agreement. If you do not agree to these Terms and Conditions, do not access or use the Platform. The Company reserves the right to update and/or modify the Terms and Conditions of this Agreement at any time, effective upon posting of this Agreement on the Platform. Additionally, the Company reserves the right to refuse access to and use of the Platform under this Agreement.

1. ELIGIBILITY

Access to and use of the Platform is available only to individuals who are at least 18 years old and can, both in the individual capacity and with full corporate authority, form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.

2. THE COMPANY’S ROLE AND RELATIONSHIP WITH USERS

We are an online web and mobile application that connects users requesting payment services (known as "Consumers" thereafter). Consumers acknowledge and agree that we are solely a venue for advertisement and information exchange. The Company does not itself provide payment services. The Company does not itself store Consumer information other than that expressly requested and approved by the Consumer. Company does not facilitate the payment transactions between the Consumers and the Company is not a party to the transactions.

2.1 Company

The Company, through the Platform, offers a method to Consumers to advertise for payment services. A Consumer that posts an advertisement is a Posting Consumer. A user that responds to an advertisement is a Responding Consumer. Both Posting Consumers and Responding Consumers are Consumers to the Company. The Company does not provide payment services on the Platform and it is up to Responding Consumers to offer payment services to Posting Consumers and it is up to the Posting Consumers to accept such payment services. The service of the Company is to provide a venue for advertisement and information exchange. The Company does not nor is it intended to provide payment services or any act that can be construed in any way as an act of payment services.

2.2 Consumers

Where you are a Consumer, you may only access the Platform using authorized means. You agree that the user or users from whom you receive payment services are independent contractors and by no means constitute in any form an employment relationship between the user and you, unless otherwise expressly indicated.

3. REGISTRATION AND TRANSACTING PROCEDURES

To access and participate in the Platform, you will need to create a password-protected account (known as “Account” thereafter). By registering to use Account, you represent and warrant that (a) you are at least 18 years old or of other legal age to form a binding contract under applicable law, (b) you are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms of Use, (c) you have not previously been suspended or removed from using our online services, (d) you do not currently have an existing Account and (e) you are not a resident of a Restricted Location (“Restricted Locations”). You may use the services only as permitted by law, including applicable local laws and regulations. These Terms of Use do not grant the right to use the advertisement services on the Platform to the residents from Bahamas, Botswana, Ethiopia, Ghana, Iran, North Korea, Pakistan, Russia, Sri Lanka, Syria, Trinidad and Tobago, Tunisia and Yemen (“Restricted Locations”).

In order to register and create an account on the Platform, Consumers must agree to the Terms and Conditions and provide any other information required by the Platform for registration. Consumers must agree to the Terms and Conditions.

Upon posting an advertisement with a request for payment services, Posting Consumers may receive responses from Responding Consumers. Posting Consumers are entitled to select the suitable Responding Consumer to transact with based on ratings and reviews of the Responding Consumer provided by Consumers and submitted to the Platform. In posting an advertisement for payment services, we do not undertake to provide Consumers with responses from users, nor do we guarantee to users that they will be selected by the Posting Consumers who post an advertisement for payment services.

Once selected by Posting Consumers, Responding Consumers undertake to perform payment services pursuant to their contract. Responding Consumers shall, at their own costs and expenses, prepare and/or purchase and maintain the necessary equipment and tools to provide payment services to Posting Consumers. Consumers warrant and undertake to the Company that they have the necessary licenses, qualification, skills and experience to provide payment services. The Responding Consumers acknowledge that it’s their responsibility and not the Company’s responsibility to arrange and maintain all necessary or required license and/or insurance in respect of payment services on their own account and at their own cost at all times. Responding Consumers understand that they will hold full responsibility in the settlement of claims and the recovery of losses raised by Posting Consumers in relationship to payment services. Consumers acknowledge that they are wholly responsible for providing true, valid and complete information to the Government of Hong Kong SAR to fulfill the Hong Kong taxation requirements for being a business entity in the transaction of payment services. It’s the Consumers’ responsibility, not that of the Company’s, to file applicable profit tax return in respect of all earnings for a tax year, including those earned from the transaction of payment services.

Posting Consumers are obliged to observe the terms of their contract with Responding Consumers. Responding Consumers are not entitled to non-performance of their contractual obligations, unless there was a material failure to comply with contractual obligations on the Posting Consumers’ part, including but not limited to the Posting Consumers’ refusal to pay.

4. FEES AND PAYMENTS

We use algorithm to generate pricing. It is free of charge for Posting Consumers to post an advertisement for payment services on the Platform. The transaction for payment services between Consumers takes place NOT through the Platform. The Company reserves the right to adjust algorithm that generates pricing at anytime. Additionally, the Company reserves the right to penalize Consumers in breach of this Terms and Conditions, e.g. by suspending their accounts, without prejudice to other measures that the Company is entitled to take against Consumers in breach. Such Consumers are liable to be punished with a fine, including but not limited to an account re-activation fee for the re-activation of an account that has been de-activated due to Consumers’ violation of the Terms and Conditions. Payments for the Company are not refundable under any circumstances, including but not limited to the termination of accounts and cancellation of payment services.

5. NO GUARANTEES OR ENDORSEMENTS FOR PAYMENT SERVICES PROVIDED BY RESPONDING CONSUMERS

We make no guarantees or representations regarding the skills and/or the outcome or quality of payment services performed by Responding Consumers. We do not endorse or recommend payment services of any particular Responding Consumer. Any reference on the Platform or at the premises of a Responding Consumer to the Company’s verifications indicates only that the Responding Consumer is a registered user of the Platform, and is not an endorsement, certification or guarantee by the Company. Additionally, the Company reserves the right not to issue or to remove without notice the Company’s verification to Responding Consumers if Responding Consumers are in breach of the Agreement, if the verification was issued incorrectly or obtained falsely, or for any other reasons requiring its removal by the Company. Consumers should exercise due diligence and caution when selecting Responding Consumers.

We do not perform and is not responsible for the performance of payment services requested by Consumers. In terms of the provision of payment services by Responding Consumers and all other related matters, Posting Consumers contract directly with Responding Consumers, and their contractual rights are governed by the contractual terms between them and by applicable laws.

6. RELEASE FROM DAMAGES OR CLAIMS BETWEEN POSTING CONSUMERS AND RESPONDING CONSUMERS

Where Posting Consumers have a dispute with Responding Consumers, Posting Consumer should address such disputes with Responding Consumer directly. Consumers hereby agree to release the Company (and our officers, directors, affiliates, employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such dispute.

To the extent that the Company’s Platform connects a Posting Consumer to a Responding Consumer, the Company will not be responsible for assessing the suitability, legality or ability of any Consumers and you expressly waive and release the Company from any and all liability, claims or damages arising from or in any way related to Consumers.

7. DISPUTE RESOLUTION ASSISTANCE

For payment services, while we cannot guarantee the work performed by a Responding Consumer, the Company may, upon your request, provide assistance in resolving disputes between you and a Responding Consumer. You must participate and use good faith efforts to resolve problems through the Company resolution process.

8. YOUR USE OF THE PLATFORM AND PROHIBITED USES

As a user of the Platform, you agree to comply with the Terms and Conditions, and all applicable laws and regulations. You undertake not to misuse or attempt to misuse or circumvent the Platform, or are using or attempting to use the Platform for any unlawful, immoral, inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming. You may not use the Platform to recreate or compete with the Company, or to solicit or harass other users, or for any other purpose not contemplated herein.

All information submitted by users are confidential, and you may not collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to the Company for any such damages, and will indemnify the Company in the event of any third-party claims against the Company based on or arising from your violation of the foregoing. Additionally, the Company reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies, for your misuse or suspected misuse of the Platform.

9. INFORMATION PROVIDED TO US

Upon registering on the Platform, Consumers will be prompted to disclose certain information about yourself and/or corporates you, with full corporate authority, act on behalf. Your information will be stored either by third-party service provider, or by the Company when expressly requested and approved by you. Some of the information provided will be shared with other Consumers. By providing the information to the Platform, or by posting an advertisement for payment services, you expressly request and expressly consent to being contacted by us and by Responding Consumers via phone, email, mail text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, in order that the Company may perform its role of connecting Consumers, to service your account, to address matters pertaining to your account, including but not limited to notifying you of, or confirming, responses that you have received, or for other purposes reasonably related to your advertisement and our business, including marketing related emails.

By posting an advertisement for payment services, Consumers promise that all information provided (including but not limited to your contact information) will be accurate, current and truthful to the best of your knowledge. By registering as a Consumer, Consumers are obliged to ensure that the information provided are accurate, current and truthful to the best of their knowledge during the term of his registration. If you provide any information that is untrue, not current or incomplete, or the Company has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of the Platform (or any portion thereof) by you. You are responsible for maintaining the security and confidentiality of your account. As such, the Company shall be entitled to assume that any person using the Platform with your log-in email and password is you or your representative, and you are liable for any damages arising out of any unauthorized use of the Platform by persons to whom you intentionally or negligently allow access to your account.

To knowingly input false information, including but not limited to name, phone number, address or e-mail address is a very serious and fraudulent matter that could result in significant costs and damages including invasion of privacy rights, to the Company and Consumers, as well as the loss of time, effort and expense responding to and pursuing such false information, and further, could result in regulatory fines and penalties. Accordingly, the Company reserves all rights to penalize users for providing falsified information on the Platform, and/or to require these users to pay for the actual, direct, punitive and consequential damages, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto.

Users may request deletion of their information or their account at any time through the Platform. Following a deletion request, the Company deletes the user’s account and/or data, unless they must be retained due to legal or regulatory requirements, for purposes of safety, security, and fraud prevention, or because of an issue relating to the user’s account such as an unresolved claim or dispute.

10. USER GENERATED CONTENT

You agree that all of the content and information posted by you, with the exception of certain Personal Data, on the Platform, including but not limited to:

• 1. Ratings & Reviews
• 2. Photographs or Images
• 3. Comments, Questions and/or Answers
• 4. Any other content (collectively, "Content")

may be viewed by the general public or other users and will not be treated as private, proprietary or confidential.

10.1 Grant of License

You hereby grant the Company an irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertisements near and adjacent to your Content in any format or media (whether now know or hereafter created) in any manner that we deem appropriate or necessary. Users agree that the license granted to the Platform shall be perpetual, and shall not be affected by the termination of the Platform or their account.

10.2 Representation of Ownership and Right to Use Content

By posting or providing any Content to the Company, you represent and warrant to the Company that you own or have all necessary rights to use the Content, and grant to the Company the rights granted below. The forgoing representation includes, but is not limited to, a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.

10.3 Content Guidelines

The Company reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you post on the Platform, at any time and without prior notice, if the Company determines (in its sole discretion) that such content contains or features any of the following:

• Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g. racist/discriminatory speech);
• References to illegal activity;
• Language that violates the standards of good taste or the standards of the Platform;
• Statements that are or appear to be false;
• Comments that disparage the Company.
• With respect to Ratings and Reviews of Responding Consumers, all of the above and in addition the following:
• Reviews that do not address the services of the Responding Consumer or reviews with no qualitative value (e.g. "work has not started yet")
• Comments concerning a different Responding Consumer.
• Information not related to payment services.

If a dispute arises between a Posting Consumer and Responding Consumer, the rating submitted may be held in pending status until resolution is reached. Consumers represent and warrant that any Rating and Review provided is accurate and truthful, and that they will only provide a Rating and Review for a Responding Consumer with whom payment services have been transacted.

10.4 Copyright and Trademark Policies

Dispute on Copyright and Trademark: You agree to abide by our Copyright Infringement Policy on notifying us if there is any Content that are in copyright and trademark disputes. You agree that we may send notices in accordance with our Copyright Infringement Policy to users who uploaded the Content at question.

10.5 Copyright Infringement Policy

The Company does not tolerate anyone that abuses other’s intellectual property. Please let us know if you believe a user has infringed your trademark or copyright. Please send us an email with the following information:

• Identify the trademarked or copyrighted work that you believe is infringed;
• Identify the allegedly infringing content/information that can allow the Company to locate it on their website/APP (ex. URL);
• Proof that the use of the content indicated above was not authorized by the trademark/copyright owner or its agent;
• You declare that the information you have provided is accurate and that you are the trademark/copyright owner or authorized to represent the owner;
• Your address, telephone number, email address, and your electronic or physical signature.

11. INTELLECTUAL PROPERTY RIGHTS

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively, “Proprietary Material”) that users see or read through the Platform is owned by the Company, excluding user-generated content that the Company has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. The Company owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the Copyright Ordinance of Hong Kong SAR, Chapter 528 of the Laws of Hong Kong SAR (the “Ordinance”), where practicable as amended. The Proprietary Material is protected by domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Platform without the Company’s express prior written consent and, if applicable, the holder of the rights to the user generated content. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of the Company and, if applicable, the holder of the rights to the user generated content.

The service marks and trademarks of Company, including without limitation the Company and the Company logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing via the Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

12. CONSUMERS PRE-SCREENING PROCEDURES AND DISCLAIMERS

The Company takes certain steps to verify the identity of Consumers. Such verification is based on the information provided to us by Consumers. Thus, we cannot confirm that Consumers are who they claimed to be and we cannot and do not assume any responsibility for the accuracy or reliability of the identity or “know your business” information or any information provided by Consumers themselves. Additionally, the aforementioned screening procedures are performed solely at the time Consumers register on the Platform, and the information provided may change and expire over time. While we require Consumers to provide updated, current and accurate information in their profiles, we are under no obligation to update or to ensure that the information provided by Consumers are accurate, current, and truthful. Consumers are advised to verify the information presented in the professional profile before hiring them.

DISCLAIMER: THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO THE SCREENING PROCESS, PROCEDURE, OR INFORMATION OBTAINED OR PRESENT IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

13. RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY

All Ratings and Reviews of a Consumer displayed reflect the opinions of other Consumers, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the Ratings and Reviews. The Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Platform or the materials contained therein.

14. LINKS TO THIRD PARTY SITES

Links (such as hyperlinks) provided on the Platform do not constitute the endorsement by the Company of those sites or their content. Such links are provided as information for reference and convenience only. The Company does not control any such sites, and is not responsible for their content, or any changes or updates to such sites. The existence of links on the Platform to such websites (including without limitation external websites that are provided by Responding Consumers, as well as any advertisements displayed in connection therewith) does not mean that the Company endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.

The use of any website controlled, owned or operated by third parties is governed by the Terms and Conditions of use and privacy policies for those websites, and not by the Company’s Terms and Conditions. You access such third-party websites at your own risk. The Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Platform. You hereby agree to hold the Company harmless from any liability that may result from the use of links that may appear on the Platform.

15. DISCLAIMER OF WARRANTIES

15.1 Use of the Platform is entirely at Users’ own risk.

The Platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. The Company makes no warranties or representations about the accuracy or completeness of the content provided through the service or the content of any sites linked to the service and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. Except as expressly set forth herein, the Company expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose. The Terms and Conditions will inure to the benefit of the company's successors, assigns and licensees. If any provision of these terms and conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of the company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The section titles in the terms and conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions constitute the entire agreement between you and the Company, and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.

15.2 No joint venture, agency, or employment

Users do not have authority to enter into contracts or commitments, whether written or oral, implied or express, on behalf of the Company. You acknowledge that we do not supervise, direct, or control a Responding Consumer’s work or payment services performed in any manner. Consumers may voluntarily wear a Company uniform or other Company badges purely for the purpose of their own choice. You understand and agree that if we are found to be liable for any claim in connection with your use of payment services, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon. You further agree to indemnify, hold harmless and defend us from any and all claims that a Consumer was classified as an independent contractor or an employee, any claims that we were an employer or joint employer of a Consumer, and any claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, overtime pay, MPF, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, or any other employee benefits.

16. EXEMPTION AND LIMITATION OF LIABILITY

You acknowledge and agree that the Company is only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold the Company, its affiliates, its licensors, its clients in promotions, sweepstakes or contests, or any of such parties’ agents, employees, officers, directors, corporate clients, or users liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your or any other party’s use of or inability to use the service, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or Consumer.

Under no circumstances will the Company, its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate clients, or users be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the services, even if advised of the possibility of the same.

The Company does not accept any liability with respect to the quality or fitness of any work performed via the platform.

If, notwithstanding the foregoing exclusions, it is determined that the Company or its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate clients, or users is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to the company relating to the transaction(s) on which such claim arose.

17. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’, investigators’, and experts’ (or similar) fees, disbursements and costs incurred, in connection with (i) your use or inability to use the Platform, in connection with the Platform, with regard to any dispute between you and a Responding Consumer, or your violation of these Terms and Conditions, or arising from your violation of any rights of a third party. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the Company.

18. ARBITRATION

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this clause. The appointing authority shall be Hong Kong International Arbitration Centre (HKIAC). The place of arbitration shall be in Hong Kong at HKIAC. There shall only be one arbitrator. The languages to be used in the arbitral proceedings shall be English and/or Chinese.

GOVERNING LAW

This Agreement is governed by and shall be construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China.

Contact Us

Please send your feedback, comments, requests for technical support: By email: [email protected].