User Terms

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These are the terms and conditions ("Terms") which apply to your use of the gini web application, Predict Beta Google Sheets Add-on and Google Data Studio Add-on (collectively known as the "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 ("the Agreement"). In regards to the privacy policy adopted by us for the App, please refer to our Privacy Statement (available here). If you do not agree with or do not accept any of the terms and conditions in the Agreement, you should not register for, install, download, access or use the App. If you have any questions about the App, please contact us at info@gini.co.

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1. App Provider

The 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 Rd, Wan Chai, Hong Kong.

2. Using the Add-on

a. "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), including any personal data, whether it comes from you or is collected and/or processed on behalf of any other third party by you and provided by you.  

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b. This App is currently in beta testing. We grant you a limited worldwide, non-transferable, non-assignable, non-exclusive, royalty-free (except for payments expressly agreed under these Terms), revocable license to install, download, access and use the App in accordance with these Terms, effective upon your installation of and/or subscription to the App. You must keep confidential and not share with any third party your Google Account, including 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 compromised, you must immediately change your password and notify us. If we have any reason to believe that there may be a breach of security or misuse of the App through your account or use of your password, we may notify you and require you to change your password, or suspend your account or use of the App or terminate the provision of services to you.

c. You warrant and represent that you are the owner of and/or have relevant permission from the owner(s) of:

i. any devices and/or equipment that you use; and
ii. any data and/or online accounts to which you may choose to connect via the App, for the purposes of registering for, installing, downloading, accessing and/or using the App.
You accept responsibility in accordance with the Agreement whether or not you are the owner of such devices, equipment, data or online accounts.

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d. Any personal data you provide to us when registering for, installing, downloading, accessing and/or using the App will be processed in accordance with our Privacy Statement (please refer above).
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e. You must not use the App to perpetuate a crime or fraud, or engage in any activity which is unlawful, whether in Hong Kong or in any part of the world.

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f. While you remain the owner of all the intellectual property rights to your Customer Data, you agree to grant us a worldwide, non-exclusive, assignable, transferrable, royalty-free licence, until you deactivate the App, to use the Customer Data for the following purposes:

i. to provide our products and services to you via the App;
ii. to improve our products and services;
iii. to customize our products and services; and
iv. to develop new products and/or services.
Such licence is deemed granted to us by you when you install the App.

g. By inputting, posting, transmitting, streaming or uploading and processing the Customer Data using the App, you voluntarily submit such data to us for fulling the purposes mentioned in clause 2(f) above. We do not actively check whether such data supplied to us is confidential, commercially sensitive or valuable. If the Customer Data you provided belongs to a third party, you are deemed to have the authority to use or process such data by using the App for that third party in accordance with the Agreement. We are not liable to you or any third party for any unauthorised use of that party's data provided to us by you.

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h. We will use automated systems and algorithms ("the System") to analyse your Customer Data in order to fulfil the aforementioned purposes. By using the App, you are deemed to have given us consent that we would use the System which may be located outside of Hong Kong or controlled by a third party to analyse your Customer Data.  

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i. We will not actively use the System to analyse your personal data. Nevertheless, if you voluntarily input, post, transmit, stream or upload any personal data, whether it comes from you or is collected or processed on behalf of any third party, when using the App, you are deemed to have given us consent to process the personal data you have provided and have acquired prior consent to act for that person on his/her behalf. For further provisions in relation to personal data of third parties provided by you, please refer to our Privacy Statement (please refer above).

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j. We will anonymise the Customer Data as far as possible and use such anonymised data to improve or enhance the App (including our products and services) or to develop new technologies.

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k. We may transfer the Customer Data to third parties for the purposes mentioned in clause 2(f) above. In relation to transfer of your personal data to third parties – please refer to our Privacy Statement (please refer above).

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l. You acknowledge that any links, content or information provided to you via the App (the "Given Information") is provided on the basis that we bear no responsibility for the Given Information, and that the Given Information is provided for the purpose of your general information only. The Given Information does not constitute any type or form of technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. Any reliance that you may place on the Given Information is at your own risk.

3. Third Party Content

1. 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.
2. Some software packages, archives, or parts of the App may be authorised under an open source software permit (“Open Source Components”). You understand that your use, replication and/or distribution of any such Open Source Components are exclusively dictated by the terms of the applicable open source software authorization and not the Agreement. We have not incorporated or otherwise used any Open Source Components, in whole or in part, in the App in any manner that requires or has as a condition of use of such Open Source Components that the App be: (i) disclosed or distributed in source code form, (ii) licensed for the purpose of making derivative work(s), (iii) redistributable at no or minimal charge, or (iv) that otherwise imposes any limitation, restriction or condition on our right or ability to make use of or distribute the App.

4. 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.

5. 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, unforeseeable 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; any damage or alteration to any devices or equipment that may be used to register for, install, download, access or use the App; or losses that are not caused by any breach of the Agreement on our part. 
3. We shall have no liability to you for any breach of the Agreement, 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. You agree to indemnify and hold harmless to (and keep indemnified) us our successors, assignees, licensees, licensors, employees, contractors, agents, service providers, officers and directors, from and against any and all claims, actions, damages, obligations, losses, liabilities, costs or debt and expenses (including legal expenses) of any kind resulting from, in connection with or arising out of (directly or indirectly):

a. your use of the App (which include unauthorised use of a third party's data);

b. any person using your account to use the App; or

c. your breach of any of the terms and conditions in the Agreement.

e. Notwithstanding any other provision in the Agreement, 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 loss which cannot be excluded or limited by applicable law.

6. Variation‍

We reserve the right to vary the Agreement from time to time, due to, for instance,  changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulations. Any variations will be communicated to you in writing (including by email) or otherwise made available via the App or on our website. Following any variations to the Agreement, by continuing to access or use the App, you agree to be bound by such varied Agreement. If you do not agree with the new terms and conditions in the varied Agreement, you should deactivate your account and stop using the App.

7. Security and data protection

1. 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. 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 (please refer above).

8. Intellectual property

1. We (or our group of companies or licensors) own all intellectual property rights in relation to the App (including copyright, trademarks, service marks, logos, design rights, rights to inventions, rights to software and source code, and database rights), whether registered or unregistered anywhere in the world. 
2. This App is currently in beta testing,. We grant you a limited worldwide, non-transferable, non-assignable, non-exclusive, royalty-free(except for payments expressly agreed under these Terms), revocable licence to install, download, access and use the App in accordance with the Agreement, effective upon your installation of and/or subscription to the App. Such licence will be terminated when you de-activate the App. Nothing in the Agreement shall confer on you any other rights with respect to the intellectual property rights of the App.
3. You shall not, and shall not permit third parties, to:

i. make and/or distribute copies of the App;
ii. sell or lease any part of the App;
iii. modify, decompile, reverse engineer or disassemble the App (or attempt to do so); or
iv. 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 or non-commercial use.

9. Termination

a. We may terminate the Agreement with you and/or prevent or suspend your access to the App (or any part of it), temporarily or permanently and without prior notice, at anytime at our own will, if we reasonably believe, in our sole discretion, that:

i. you have not complied with any part of the Agreement and any terms or policies to which they refer or any applicable law;
ii. you have engaged in any suspected fraudulent use of the App;
iii. any of your Customer Data might contain information that violates the law, could harm other users, us or any other third parties or are obtained unlawfully;
iv. we are required to do so in compliance with the law or a court order;
v. you have failed or likely to fail to pay the subscription fees in full on time;
vi. your conduct could cause harm or liability to us, users or any other third parties; or
vii. our provision of the App is not viable be it due to commercial reason, technical issue or force majeure event.

b. You may deactivate the App, in which case the Agreement shall also terminate.
c. Once you deactivate the App,

i. you will no longer be able to use the App in Google Sheets and Google Data Studio, and access the App through all online accounts to which you may link to the App; and
ii. all the Customer Data, other than those personal data that is necessary to respond to your questions, complaints and claims, that may be collected by us will be deleted from data servers of us or any third party which we have previously sent to for fulling the purposes set out in clause 2(f) above.

d. Termination of the Agreement for whatever reason shall not affect any of our or your accrued rights and liabilities.

10. General

1. Any words in the Agreement 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 the Agreement 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 it and the remaining terms and conditions of the Agreement 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 the Agreement, or if we fail to exercise any of our rights or remedies to which we are entitled under the Agreement, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
4. The Agreement, together with the Privacy Statement (please refer above), set out the whole of our agreement and supersedes all previous agreements and arrangements relating to your installing, downloading, accessing and/or using the App.
5. No one other than us or you have any right to enforce any provision term of this contract, whether under the Contracts (Rights of Third Parties) Ordinance or otherwise.

11. Applicable law and jurisdiction

The Agreement 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 in respect of any dispute, suit, action, arbitration or proceedings which arise out of or in connection with the Agreement.