A. Salesman account
1. Prior to using the Service, you shall first register a salesman account (the “Account”) and keep it active. You can activate an Account only if you are at the age of 18 or above.
2. In the course of Account registration, you are required to submit to the Company certain personal data such as name, email address, telephone number, name of the company you work for and proof of employment. You shall provide the Company with authentic and complete data. Should the Company suspect that you provide any false data or use any third party data for registration, the Company has the right to suspend or terminate your Account immediately and without giving you prior notice.
3. A salesman shall only apply for one Account under the Service and shall only represent one company or one group at any point of time.
4. Before deciding to grant you a right of use, the Company will examine the data you provided in your application for being a salesman. The Company may decline your application without rendering any reason.
5. When your right of use expires, and you fail to apply for renewal (and simultaneously update your data, if applicable) with the Company prior to such expiration, your Account may automatically be terminated upon such expiration.
6. You agree to keep the data under your Account accurate, complete, updated and valid. Should there be any change on the company you work for or job position, you shall inform the Company in writing of such change on the same date thereof. In the event that the Company is aware of your failure to promptly inform the Company or update the data under your Account by yourself pursuant to the Terms, the Company has the right to suspend or terminate your Account immediately.
7. To ensure accuracy of salesman identification, the Company has the right to, from time to time, request you to provide a copy of your most recent staff ID card or your identification document(s). If you are not able to provide the required copy or document(s) by the specified time, your Account may automatically be terminated.
8. You shall ensure to use the login name and password properly and keep them confidential. In any event, you shall not transfer or assign to any third party such right of use. In case you suspect any unauthorised use of your login name or password, you shall change your password and inform the Company without hesitation.
B. Contents and products
1. After you have registered your Account and become a salesman, you may release information and provide price quote(s) (the “Quote(s)” or the “Content(s)”) on telecommunication services or products to registered members in the QuoQuoApp through the Service. You shall take responsibility for all the information, Quotes and activities under your Account.
2. You undertake to ensure the correctness and completeness of the information in your Quote(s). If any Content in any Quote you provide is found to be incorrect, false, outdated, incomplete or misleading, you may be claimed or sued by any member for any loss arising from such Content. The Company shall not be liable in this respect in any event.
3. If the Company is aware of or reasonably suspects that you provide any information or any Quote that is incorrect, false, outdated, incomplete or misleading, the Company has the right to suspend or terminate your Account.
4. Should there be any change in the data registered or Content released under your Account, you undertake to update it through the QuoQuoApp promptly; or otherwise, to immediately call the Company and inform the Company in writing to update such information so as to ensure its accuracy and completeness.
5. You may choose to promote more than one product, provided that the Company has the right to remove any chosen product(s) that is/are not related to your main job responsibilities.
6. All Contents you provide or release in the QuoQuoApp through the Service remain your property. Nevertheless, by providing the Company with any Content or releasing it in the QuoQuoApp constitutes that you grant the Company a perpetual, irrevocable, transferable and royalty-free licence, which authorises the Company to send, sublicense, use, reproduce, modify, make derivative works of, distribute, publicly display, publicly perform or otherwise develop such Content in any form(s) and by any distribution channel(s) currently known or subsequently developed (including those involving the Service, the businesses of the Company, third party websites and services), without giving you any separate notice or obtaining any prior consent from you, and further without paying any fee to you or any other individuals or entities.
7. You hereby represent and warrant that, (i) you are the sole and exclusive owner of the Content(s) you provide or release, or you have all the requisite rights, authorities, consents and waivers necessary to grant the Company such licence; and (ii) neither the submission, uploading, release or otherwise use of the Content(s) by you, nor the use of the Content(s) made available to the Company, infringes, converts or breaches any third party intellectual property rights, proprietary rights, rights of publicity or rights of privacy, or violates any applicable laws and regulations.
8. You undertake that all Contents you provide do not contain anything that is defamatory, scandalous, disgusting, violent, obscene, pornographic, unlawful, or otherwise offensive. The Company may (but is not obliged to) at its sole discretion, examine, control or delete any Content at any time and for any reason without informing you.
C. The Service
1. You understand and agree that the Service may include advertisements, which are necessary for the provision of the Service.
2. For all salesmen who have successfully registered an Account and have been approved to use the Service, monthly fees of HK$500 are currently waived until further notice. However, the Company does not guarantee that this free-of-charge policy would be maintained and there is possibility that monthly fee would be charged in the future to support the Service and to fund the recurring operating expenses of the QuoQuoApp.
3. The Company reserves the right to temporarily suspend all or any part of the Service for repair, maintenance, upgrading or any other works it may think appropriate, without giving you (as a salesman) prior notice.
4. Any part or content of the Service and the QuoQuoApp is solely for your own personal use or access. You agree not to (i) remake, copy, sell, resell or otherwise use for commercial purposes any content that is not released by you; (ii) reverse engineer or dismantle the Service; (iii) mirror or forge any part of the Service; or (iv) materially hinder the operation of the Service in any respect, or attempt to gain unauthorised access to or impair any aspect of the Service or its related systems or networks.
5. You agree to observe all applicable laws when using the Service and use the Service solely for lawful purposes. You undertake that the use of the Service by you will not cause any nuisance, annoyance, inconvenience or loss of property to any members or any other third parties.
D. Disclaimer and indemnity
1. The Service is provided on an “as is” basis. The Company disclaims any liability as a result of limitation period, deletion, transmission error or failure of storage of any user communications or customised settings.
2. The Company takes no responsibility or claim of any form for any loss incurred by any salesman arising from any deviation of contents that are provided in the QuoQuoApp.
3. The Company makes no express, implied or statutory representation and warranty that is not explicitly stated in the Terms, including any implied warranty of merchantability, fitness for a particular purpose and non-infringement. In addition, the Company does not make any representation, warranty or guarantee as to the reliability, timeliness, quality, suitability or availability of the Service or any services or products obtained through the use of the Service, or that the Service will operate without interruption or malfunction.
4. The Company disclaims any form of responsibility or compensation for any damages, liabilities or losses arising from: (i) your use of or reliance on the Service, or the failure of your access to or use of the Service; (ii) the contents contained in the QuoQuoApp or the information and contents provided by anyone through the QuoQuoApp as a platform; or (iii) the communications, transactions or relationship between you and any member, notwithstanding that the Company has been advised of the possibility of such damages.
5. The Company shall not be liable for any delay or failure in providing any services or any failure in updating any contents.
6. The Company shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including the loss of profits or information, personal injuries or property damages, in connection with, in relation to or arising from the use of the Service, notwithstanding that the Company has been advised of the possibility of such damages.
7. [You agree to indemnify and hold harmless the Company, its senior officers, directors, staff members and agents from any claims, demands, losses, liabilities and expenses (including attorney’s fees) arising from any and all of the causes below: (i) the use of the Service by you or the provision of the Content(s), Quote(s) or product(s) by you through the use of the Service; (ii) the violation of any laws or the breach of any Terms by you; (iii) the Company’s use of any Content provided by you; or (iv) the breach of any third party right by you.]
E. Personal data privacy
2. You must agree that your personal data may be fully or partially provided by the Company to members or other salesmen.
3. Part of your personal data will be available for access by members or other users of the QuoQuoApp when they are using the Service.
F. Amendments to the Terms