Terms & Conditions of Use

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This Terms and Conditions of Use contains provisions that define your limits, legal rights, and obligations with respect to your use and participation in any services and properties such as website or applications (“the Platform”) owned and operated by Jper Technology Limited (“the Company”, “Jper”, “we”, “us”, “our”). This Terms and Conditions of Use apply to all online visitors and/or users to our Platform.

We also have a Privacy Policy [https://www.jper.ca/privacy] (“Privacy Policy”) and may have other terms, legal notices and conditions applicable to various activities on our Platform, including terms and conditions that may apply to the purchase of services and to specific portions or features of our Platform. All of the foregoing are incorporated herein by reference, and together with the Terms and Conditions of Use constitute a contract (the “Terms”) between Jper and you. You must agree to the Terms set out below in full before using Jper's Platform. You can accept the Terms in two ways:

  • By clicking to “agree” to the Terms, where this option is presented or made available to you on or from our Platform; and
  • By actually using Our Platform.

    • By using or receiving any services supplied to you by our Platform, and downloading, installing and/or using our Platform, you hereby expressly acknowledge and agree to be bound by the Terms. If you do not agree to the Terms, do not access or use our Platform.

    Access to and use of the Platform is available only to individuals who are (i) at least 18 years old; (ii) not a person that are forbidden for any reason whatsoever to enter into a contractual relationship; (iii) in possession of a valid bank account acceptable to Jper for payment; and (iv) able to provide personal and payment details that you confirm are valid and accurate (email address, real name, birth date, phone number, billing information and other requested information as indicated on the Platform). By accessing or using the Platform, you declare that you meet the conditions under (i), (ii), (iii) and (iv) above. If you have any comment about the Platform or this Terms please Contact Us at info@jper.ca.

    The Platform is a venue for managing home, shop, or office renovation, and connecting service providers seeking to provide services (“Service Providers”) with its service users seeking to obtain services (“Project Owners”, together with Service Providers, “Platform Users”). Those Services requested by the Project Owners, which are to be completed by the Service Providers, are hereinafter referred to as “Services”. However, Jper is not responsible for the performance of Service Providers, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever, nor of the integrity, responsibility or any of the actions or omissions of any Service Providers. Jper makes no representations about the suitability, reliability, timeliness, or accuracy of the information requested and provided by Service Providers identified through the Service whether in public, private, or offline interactions.

    To access and participate in the Platform, Project Owners will need to download and install the mobile app and create a password-protected account (known as “account” thereafter); Service Providers can use the web or mobile app versions to create an account.

    All Project Owners must agree to the Terms of Use and provide any other information required by the Platform for registration, while Service Providers must (a) agree to the Terms of Use, (b) provide any other information required by the Platform for registration, and (c) be verified by Jper to ensure their active status at the registered company.

    Project Owners may select the suitable Service Providers based on their profiles, portfolios, ratings and reviews of the Service Providers from Project Owners on the Platform. In opening the request for quotes by Service Providers, we do not undertake to provide Project Owners with quotes from suitable Service Provider(s), nor do we guarantee to Service Providers that they will be hired by the Project Owner(s) who submit the requests.

    Once hired by Project Owners, Service Providers undertake to perform the services in accordance with their contract with Project Owners. Project Owners must observe the terms of their contract with Service Providers, and Service Providers must perform their contractual obligations, unless there was a material failure to comply with contractual obligations on the Project Owners' part, including but not limited to the Project Owners' refusal to pay.

    In case of dispute, Jper reserves the right of final decision on the interpretation of these Terms of Use.

    To motivate the Service Providers to provide timely and satisfactory work throughout the project cycle, 10% of the contract total will be withheld from the First Instalment as Performance Bond, which will be kept by Jper.

    All Service Providers on Jper are required to comply with this arrangement. No interest will be payable on the withheld Performance bond. In most circumstances, the net Performance Bond (after deducting the corresponding fees, if any) will be disbursed to the registered bank account of the Service Providers within 14 business days upon receipt of the Third Instalment from the Project Owners.

    The decision for any payments to the Service Providers can only be initiated from the Project Owners, Jper has no right and is not responsible for paying the Service Providers for any services provided to the Project Owners. In no event shall Jper be obligated to refund to the Project Owner any amounts paid to the Service Provider.

    Should any conflict arise between the parties, Project Owners have full force to postpone the disbursement of the Performance Bond, until the conflicts have been resolved. Jper has no right and is not responsible for paying the Performance Bond to the Service Providers.

    Refer to Performance Bond Instruction on www.jper.ca/performancebond/payments for details.

    Jper offers information and a method to obtain and manage Services through the Platform. The Company is a technology company that does not provide design or contracting services to Project Owners. It is up to the registered third-party Service Providers to offer services to Project Owners and it is up to Project Owners to accept such services. The service of the Company is to link you with such third-party Service Providers but does not nor is it intended to provide design or contracting services or any act that can be construed in any way as an act of such service. The Company is not responsible nor liable for the acts and/or omissions of any third-party Service Providers and/or any services provided to Project Owners.

    In no event will the Company or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Platform, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Platform, any websites linked to this Platform, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not you are advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law.

    You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your breach of any of the Terms, (ii) your User communications, (iii) your use of materials or features available on the Platform or (iv) your violation of applicable law or any agreement or terms with a third party to which you are subject.

    If you have a dispute with one or more Users (either a Project Owner or Service Provider), you hereby release the Company (and our affiliates, and our and their respective officers, directors, agents, investors, subsidiaries, and employees) from claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Jper expressly disclaims any liability that may arise between Project Owners and Service Providers through their use of the Services to be completed or completed by Service Providers.

    We recommend all users to first contact Hong Kong Mediation Centre to obtain free mediation services with the purpose of reaching a settlement. For more information, go to http://www.mediationcentre.org.hk/en/services/ProBono.php.

    In the case where you have failed to reach a settlement and want to further pursue your claims, you may need to contact Hong Kong Arbitration Society for legal assistance. Arbitration is used to resolve disputes by reaching a legally binding decision in which one party "wins" and the other "loses". Refer to https://www.hkarbsoc.org.hk/ for more information.

    As a Service Provider, you represent and agree that you are an independent service provider providing Services to Project Owners. You agree to prepare the necessary tools and comply with the Laws of Hong Kong as to the required obligation of an independent service provider (including purchase of valid insurance coverage) in order to provide the Services lawfully. Service Providers assume responsibility for their own chance of profit and risk of loss. There is no employment relationship formed between the Service Providers, the Project Owners and/or the Company through the Services provided by the Service Providers. Service Providers SHALL NOT utilize the Platform to obtain employment and Project Owners SHALL NOT regard themselves as an employer of the Service Providers.

    The Platform may contain profiles, email systems, blogs, message boards, applications, postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Project Owners and Service Providers. You may use such Public Areas only to send and receive messages and contents that are relevant and proper to the applicable forum.

    All submissions made to the Public Areas will be public and you will be publicly identified by your name or login identification when communicating in Public Areas, and Jper is not responsible for the action of any Users with respect to any information or materials posted in the Public Areas.

    Without limitation, while using the Platform, you may not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including the Company's staff;
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information;
  • Use the Platform for any purpose in violation of local, national, or international law;
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party;
  • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer;
  • Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
  • Advertise or offer to sell any goods or services for any commercial purpose through the Platform which are not relevant to the Services offered through the Platform;
  • Leave any inappropriate feedback on a Service Professional and you shall at all times use careful and good judgment in leaving any feedback;
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters;
  • Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments;
  • Post the same content repeatedly or submit unwanted email or comments to any Users (“Spamming”). Spamming is strictly prohibited;
  • Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Platform;
  • Restrict or inhibit any other User from using and enjoying the Public Areas;
  • Imply or state that any statements you make are endorsed by Company, without the prior written consent of Company;
  • Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Platform in any manner;
  • Hack or interfere with the Platform, its servers or any connected networks;
  • Adapt, alter, license, sublicense or translate the Platform for your own personal or commercial use;
  • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by the Company.
  • Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
  • Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner;
  • Use the Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Platform as set forth herein;
  • Use the Platform to collect usernames and or/email addresses of Users by electronic or other means; and

    • By using the Platform, you agree to hold Jper free from responsibility for any liability or damage that might arise out of the Services. Jper is not responsible for the conduct, whether online or offline, of any user including Service Providers and Project Owners, and will not be liable for any claim, injury or damage arising in connection with any Services.

    Service Providers shall not:

  • List Services or offers relating to any Service in a category inappropriate to the Service they are offering;
  • Violate any laws, third-party rights, account policies, or any provision of the Terms, such as the prohibitions described above;
  • Fail to perform Services purchased from you, unless the Project Owner fails to materially meet the terms of the mutually agreed upon;
  • Misrepresent the location at which they will provide a Service;
  • Include brand names or other inappropriate keywords in their Profile, title or any posting or submission made;
  • Use misleading titles that do not accurately describe the Service;
  • Include any information in their Profile that is fraudulent or otherwise incorrect;
  • Do anything to circumvent or avoid any fees that Jper may charge;
  • Use their Profile or in any way to promote services or products not offered through the Platform or any prohibited services;
  • Promote any website, service, product, party or anything not directly related to their Service or otherwise prohibited by Jper in its sole discretion from time to time;
  • Solicit users or any person to pay or do anything not specifically permitted by these Terms or by Jper as it may in its sole discretion determine from time to time; and
  • Do anything that contravenes these Terms or any law.

    • If a Service Provider violates any of the above, Jper may in its discretion take any action it deems fit, including but not limited to terminating or suspending the Service Provider's account or use of the Platform.

    Project Owners shall not:

  • Purchase or use a Service without paying;
  • Fail to deliver payment for Services you purchased, unless the Service Provider has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Provider's identity;
  • Sign up, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
  • Agree to purchase a Service when you do not meet the Service Provider's terms, or agree to purchase a Service with the intention of causing disruption; and
  • Misuse any options made available now or in the future by Jper in connection with the use or purchase of any Service.

    • If a Project Owner violates any of the above, Jper may in its discretion take any action it deems fit, including but not limited to terminating or suspending the Project Owner's use of the Platform.

    All ratings and reviews of a Service Provider displayed on the Platform reflect the opinions of other Project Owners, and do not reflect or represent the opinions or representations of Jper. The Company disclaims any and all representations or warranties with regard to the ratings and reviews. Jper 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.

    Links provided on the Platform do not constitute the Company's endorsement of those sites or their content. These links are provided as an information service, for reference and convenience only. Jper does not control any such sites, and is not responsible for their content, or any changes or updates to such sites. Jper does not have any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.

    Jper owns 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, excluding user-generated content that Jper has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Jper 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, Chapter 528 of the Laws of Hong Kong, 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.

    Users are free to stop using our Platform at any time. However, once Project Owners have confirmed match or commenced work with Service Providers through our platform, Project Owners must inform and obtain their approval prior to canceling the project on Jper. We reserve the right to suspend or terminate user access to the Platform and the Services with notice to you if:

  • there is any non-payment for Services purchased by you,
  • you are in breach of these Terms,
  • you are using the Platform in a manner that would cause a real risk of harm or loss to us or other users, or
  • you do not have outstanding balance or incomplete projects and have not accessed our Platform for 12 consecutive months.

    • We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Platform.

    We will not provide notice before termination where:

  • doing so would cause us legal liability or compromise our ability to provide the Platform and the services therein to our other users, or
  • we are prohibited from doing so by law.

    • Jper reserves the right to make changes to the Platform and the Terms at any time without notice, and your continued use of the Platform after any modification(s) constitutes acceptance by you of such modification(s). The Company also reserves the right to, with or without notice, refuse any visitors' and/or users' access to and use of the Platform, amend, suspend or discontinue the Platform, any part or any feature of the Platform or charge, modify or waive any fee in connection with the use of the Platform at our sole discretion. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to the Platform.

    These Terms are governed by and construed in accordance with the laws of Hong Kong.

    To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Jper, including without limitation any dispute or claim related to or arising out of these Terms (“Dispute”), we may attempt to negotiate any Dispute by way of mediation (the “Mediation”) before initiating any arbitration proceeding. Such Mediation will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to the Company. The Company's address for such notices is: info@jper.ca and/or by mail to 21/F Pacific Plaza, 418 Des Voeux Rd West, Hong Kong.

    Any dispute, controversy, difference or claim arising out of or relating to this Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

    Hong Kong law governs this arbitration clause. The seat of arbitration will be in Hong Kong.

    In case any provision of the Terms of Use is invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.

    A person who is not a party to the Terms of Use may not, in its own right or otherwise, enforce any terms hereunder.

    The Company's Terms and Conditions of Use has been translated into Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.