ProlinkApp Terms of Service

Prolink Terms of Use and Service Agreement

Latest version: 8 July 2018

The use of Prolink app (“Prolink”) is provided by Prolink Inc. Limited in Hong Kong (“we”, “our” and “us”) (12th Floor, OTB Building,160 Gloucester Road, Wanchai, Hong Kong) in accordance with these Terms of use and Service Agreement (“this agreement”) between you and us. You need to read this agreement carefully and in its entirety. If you do not agree to this agreement or do not understand any part of this agreement, you should not use Prolink. Your use of Prolink will be regarded as your having read this agreement and agree to use Prolink in accordance with this agreement made between you and us. You acknowledge and agree that the DECLARATIONS below form part of this agreement.

DECLARATIONS

Prolink only provides the information exchange between consumers and service providers. Prolink and we are not involved in the negotiations, discussions, transactions or agreements between consumers who seek services and service providers that provide services.
If you are a consumer user who require a service, you must acknowledge that other than providing the service providers’ self-complied business profile and contact information, we do not verify or check the qualification, ability and skill level of the service providers.
If you are a business user receiving job leads, you must acknowledge that other than providing the job leads and job information complied by the consumer and the consumer’s contact details, we do not verify or check to determine the consumer’s identity, accuracy or genuineness of the consumer’s advert or the consumer’s financial capacity.
After providing the consumer and service provider their respective information and contact details, we do not take any part in the contact, communication, quote, negotiations, discussions between them; nor are we involved in whether any service was provided or not, and whether any money was paid for any service or not.
If any service provider lacks skill, provides a quote which is unreasonable or too high, does not comply with quality requirements, provides a service which is unsatisfactory or causes the consumer to suffer any loss or damages, all legal responsibilities remain with the service provider and between the service provider and the consumer; Prolink and we are not liable for any legal responsibility arising from the communications and agreement(s) between the service provider and the consumer.
If the consumer refuses or fails to pay the service provider for a service or in accordance with any agreement made between them, Prolink and we are not liable for any legal responsibility arising from the communications and agreement(s) between the service provider and the consumer.
Each consumer and service provider must comply with all laws and regulations of the jurisdiction that they are in.
We are only involved in the transmission of commercial information, whereas all negotiations, decisions, agreements and transactions are the responsibilities of the users.

CLAUSE 1 CONTRACTING ENTITIES

If you are under the age of 16, you must not use Prolink. If you are between the age of 16 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use Prolink.
If you are using our services on behalf of a company, partnership, association, government or other organization (your “Organization”), you warrant that you are authorized to do so and that you authorised to bind your Organization to these Terms and in such circumstances “you” include your Organization.

CLAUSE 2 WARRANTEES AND UNDERTAKINGS

As an user seeking services when you “Post a Listing”, you warrant and undertake that you have a genuine need for the service, and that the information in provide is true and accurate and you have the intention and capacity to employ a business and pay for the service provider. If you discovery that you submit job leads which are not genuine, we reserve the right to suspend or remove your account.
As a business user or service provider when you register or edit your business or respond to a job lead, you warrant and undertake that you must first have and have met the relevant skills, abilities, qualifications, license, certification and any other documentation requirement (“qualification”) required in the jurisdiction where you propose to provide the service. If you discover that you do not have a required qualification, we reserve the right to suspend or remove your account.
You warrant and undertake that:

You will not use Prolink for any illegal purpose, including (but not limited to) posting or gathering illegal information or data, or for any activity which is fraudulent.
You will not use Prolink to harass, abuse, disrupt another person or to cause undue inconvenience.
You will cause disruption to the normal operation of the network or internet.
You will obey and comply with all laws and regulations of the country, state, place and jurisdiction in which you use Prolink.

CLAUSE 3 SOFTWARE FUNCTIONS

You acknowledge and agree to accept that functions of Prolink are limited. The basic functions of Prolink are limited to the following.

You agree and accept that Prolink allows consumers to announce their need for service by “Post a Listing”. In accordance with the occupation of the service you required, Prolink sends your information to relevant businesses registered nearby. You do not have to upload any photograph or image. Businesses that receive your “Listing” can choose to obtain your contact mobile phone number to be contact with you. You will receive mobile contact numbers of up to 5 businesses. You may contact the businesses; and the businesses may contact you.
You agree and accept that a business user may register 1 or 2 occupations/businesses. After registration of a business, Prolink will send you via in-app push notifications job opportunities related to your occupation; such job opportunities come from the job listings posted by consumer users of Prolink.
You agree and acknowledge that Prolink only use consumer reviews and ratings to provide consumers more information about service providers. You agree and acknowledge that Prolink and our software platform does not offer protection for consumers or businesses, and we do not accept any related responsibilities.
You agree and acknowledge that Prolink has some other functions that enhance the above functions and to meet mobile software requirements, settings and invite friends functions.

CLAUSE 4 NO LIABILITIES

You agree and acknowledge that Prolink only provide an information exchange platform and does not provide services. If you provide any service, such service is limited to our software functions. If we provide customer feedback or assistance service, such service is provided gratis and does not arise from legal or contractual obligations.
You agree and acknowledge that Prolink and we do not provide background checks, assessment, verification or testing of the qualifications of any service provider; Prolink and we are not responsible for any information, photograph or image or qualification level of any service providers and do not accept any legal responsibilities for the same.
You agree and acknowledge that Prolink and we do not provide background checks, assessment, verification or examination of the job listings posted by consumers in relation to the genuineness and accuracy of the information or the ability and willingness to pay for the service; Prolink and we are not responsible for any information in posted job listings and do not accept any legal responsibilities for the same.
You agree and acknowledge that in using Prolink the consumer user can assess and consider a business initially only from the information and photograph or image provided by the business, and rating and reviews about the business from other consumers if available; however ultimately, the consumer shall assess and consider whether a business is suitable for hire in the usual manner after communicating with the service provider through phone or in person. Prolink is not involved in the communication, contact, quotation or discussions between the consumer and service provider; and is not involved in the delivery or non-delivery of service and the payment or non-payment for any service.
You agree, acknowledge and warrant in your use of Prolink if you suffer any loss, you waive or do not have the right to seek compensation from us; and if we ever became liable to pay compensation or damages that you agree to indemnify us for the damages; and if we are obliged to pay compensation or damages to you, that you agree that such amount will be capped to 1 cents in the official currency of Hong Kong.
Prolink and we will not be liable or responsible for any dissatisfaction of any consumer or service provider, arising from the consumer uploading inaccurate or inappropriate content, or from the actions and personal conduct of the users.
Prolink and we do not warrant that our software will not suspend, stop or end operation; have errors; require maintenance or update; such that these events may occur.
Prolink and we will not be liable or responsible for any loss or damages that you may suffer arising from our software having suspended operation or an update, experiencing error, stopping or ceasing to operate.
In order to improve Prolink’s functions and increase its scope, we accept feedback and suggestions from users, including changing or adding to the occupation and specialisation lists.

CLAUSE 5 YOUR INFORMATION

You agree and accept that we have the right to save and retain all of your Prolink software account and usage information, including personal information. For more information on the storage of your personal information, privacy and use, please read our Privacy Policy.
You agree and accept that you will be responsible for any information, photograph or image or content you upload or provide when using Prolink.
You agree and warrant that you will not upload any inappropriate or improper content, including content depicting pornography, unlawful violence, fake content or content that may disrupt public order or cause personal safety concerns.
You agree and accept that we may disclose your information in accordance with the law and regulations of the jurisdiction you are in, for example if a government body with the lawful authority to access the information requests the information or if a Court orders such information be disclosed.

CLAUSE 6 SOFTWARE UPDATE AND CHANGE

You understand, agree and accept that we may from time to time or at time intervals update Prolink software. You understand, agree and accept that we may in the future introduce some functions or features which may not be free.
You understand, agree and accept that we may in the future change, adjust, add, reduce, suspend or end functions of Prolink; if any such change cause you any loss or inconvenience, we will not be responsible or liable for the same in accordance with Clause 4.5 above; and you have no right or waive your right to seek compensation.

CLAUSE 7 AGREEMENT UPDATE AND CHANGE

You understand, agree and accept that this agreement may be amended, changed or replaced in the future. We will only need to display any such change via our website (www.prolinkapp.com/legal). Your continual use of Prolink will be regarded as your having read and agreed to the all changes made to this agreement.

CLAUSE 8 ADVERTISING

You understand, agree and accept that Prolink and we at all times have the right to display, sell or upload advertisements or commercials in or via Prolink.

CLAUSE 9 INTELLECTURAL PROPERTY

Prolink and we have and retain all intellectual property related with Prolink (including all past, current and future versions of our software). Unless authorised in writing, you have not right to use any of our intellectual property. Authorization in writing must contain both our company seal and original signature of our general manager.
Unless authorised in writing, you must not use any of our trademark, product name, symbol, web domain or any other designs which represent Prolink or our brand.
If we have implemented any suggestion or feedback from you and made changes to the design or function of Prolink, such change and any intellectual property or design associated with the change belong exclusively to Prolink and us.
You must not gather or download any data or code from Prolink or our database. If you gather or obtained any data or code, you understand, agree and accept that to indemnify us for any commercial and financial loss or damages.

CLAUSE 10 CONTENT SUPERVISION

Notwithstanding the numerous confirmations in this agreement that Prolink is not involved in any content supervision, you agree and accept that we have and reserve the right to check or verify any content, photograph or image, or information you upload. We have and reserve the right to remove any inappropriate content, however are not responsible for pursuing the conduct of loading inappropriate content.

CLAUSE 11 USER REVEIWS AND DISPUTES

The user experience and value of Prolink is built on the legal and honest usage of its users. The “Review” function of Prolink provide consumer users more information on the quality and reliability of any business or service provider.

You agree and warrant to only review and rate a business which you have hired.
You agree and warrant to you will be fair and objective when providing review and rating.
Prolink is not responsible for being involved in any dispute arising from consumer review or rating and we do not provide mediation or dispute resolution or play any such role, however when a dispute arise, we have and reserve the absolute discretion in dealing and deciding whether to change or remove a review or rating.

CLAUSE 12 USER DECLARATION AND RESPONSIBILITY

You acknowledge, agree and accept that:

You are responsible for contacting, discussing, negotiating with any consumer or service provider, and to check, verify and decide whether or not to enter into a service transaction or agreement.
Prolink and we do not make any representation as to the suitability of any job lead, and do not confirm or verify the real identity of the consumer or the consumer’s ability to pay for any service or make any representations relating to the same.
Prolink and we do not recommend to consumers to hire any service provider, and do not make any representation as to the real identity or qualifications of any service provider.
Prolink and we are not involved in any transactions between the consumer and service provider, and are not part of any transactions or agreements between them.
The consumer shall be liable to pay for any services provided by any business in accordance with the private agreement reached by them.
Prolink and we do not provide any accounting, account summary, invoices or receipts records associated with any registered business; and are not involved in such records between the business and a consumer. Users must make and keep their own records in accordance with the legal requirements of the jurisdiction they operate in to fulfil any tax obligations.

CLAUSE 13 SOFTWARE SECURITY

You acknowledge, agree and accept that:

Whilst we always endeavour to do our best to keep your information and data secure, however we could not and do not guarantee that it will be totally safe.
Prolink and we will not be held liable for any failure to store or delete your data, content or account information.
Prolink and we will not be held liable for the loss or dissemination of any of your data, content or account information arising from any force majeure event inappropriate or unauthorized use by any other user.
If you stop your use of Prolink, we may permanently remove your data and content, and have not responsibility to restore any data.

CLAUSE 14 FORCE MAJEURE AND MISUSE BY OTHERS

Prolink and we are not responsible for any loss or risk caused or posed by any force majeure event, or for any loss or risk caused by the misuse or unauthorised use of our software by any user.

CLAUSE 15 SEVERABILITY

If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

the validity or enforceability in that jurisdiction of any other provision of this agreement; or
the validity or enforceability in other jurisdictions of that or any other provision of this agreement.

CLAUSE 16 JURISDICTION

Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court, this agreement and any dispute or claim arising out of or in connection with this agreement will be governed by the law of the Hong Kong Special Administrative Region.
Any dispute, controversy or claim arising out of, relating to, or in connection with this agreement, including their existence, validity, interpretation, performance, breach or termination, will first be handled by us or our affiliated companies internally after we receive your email to support@prolinkapp.com and if no satisfactory resolution can be reached will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.

Prolink Privacy Policy

Last Updated: 8 July 2018

Thank you for using Prolink!

This Privacy Policy describes how we collect, use, process, and disclose your information, including personal information.

When this policy mentions “we,” “us,” or “our,” it refers to the Prolink Inc. Pty Ltd (Hong Kong) which is responsible for your information under this Privacy Policy.

1. INFORMATION WE COLLECT

There are three general categories of information we collect.

1.1 Information You Give Us.

We collect information you share with us when you use the Prolink.

Account Information. When you sign up for an Prolink Account, we require certain information such as your name, location and mobile number.
Profile Information. To use certain features within the Prolink, we may also ask you to complete a business profile, which may include your business name and location, mobile number, profession. Certain parts of your business profile (like your profile picture(s), business name, contact number and description) are a part of your public profile page, and may be publicly visible to others.
Address Book Contact Information. You may choose to import your address book contacts or enter your contacts’ information manually to access certain features of the Prolink, like inviting them to use Prolink.
Other Information. You may otherwise choose to provide us information when you fill in a form, post a listing, reply to a listing, update or add information to your Prolink Account, rate a business, post comments about a business, participate in promotions, or use other features of the Prolink Platform.

1.2 Information We Automatically Collect from Your Use of the Prolink Platform.

When you use the Prolink, we collect information about the services you search for and provide.

Usage Information. We collect information when you post a listing and when you reply to a listing.
Location Information. We may collect information about your mobile phone ID and mobile phone location. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu.
Unique Device ID. For your security and login, we automatically collect your unique devise ID of your mobile devise.

1.3 Information We Collect from Third Parties.

We may collect information that others provide about you or your business when they use the Prolink.

Ratings & Reviews. If someone rates your service and provides written review, it will be published on your Prolink business profile page.
Complaints.If someone sends a complaint against you or your business, we may collect and save the content of the complaint.

2. HOW WE USE INFORMATION WE COLLECT

We use, store, and process information about you to provide, understand, improve and develop Prolink, meet our legal obligations under the Terms and to improve user experience.

2.1 Provide, Improve, and Develop the Prolink Platform.

Enable you to access and use the Prolink.
Enable you to communicate with other users.
Operate, protect, improve and optimize Prolink and user experience.
Send you messages, updates and notifications.

2.2 Create and Maintain User Environment.

Conduct research and risk assessments.
Conduct checks against databases and other information sources.
Comply with our legal obligations.
Resolve any disputes between any user and us.
Enforce our Terms of Service, and other policies.

2.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing.

Send you promotional messages, marketing, advertising, and other information that may be of interest to you.
Personalize, measure, and improve advertising.

3. SHARING & DISCLOSURE

3.1 With Your Consent.

We may share your information at your direction or as described at the time of sharing, such as when you authorize a third party application or website to access your Prolink Account.

3.2 Sharing between Users.

To help link consumers and service providers, we may share your information with other Users as follows:

When you Post a Listing as a consumer, certain information about you is shared with relevant service providers near you, including your name, mobile number, the occupation and specialisation of the service you need, when you need the service, the location of where you need the service, how much you would expect to pay, your description of what you need and any additional information you have entered in the process of posting the listing.
When you reply to a Listing (or job lead) as a business/service provider, certain information of yours is shared with the consumer, such as the name of your business, your occupation and specialisations, your mobile number, photos, description of your business, your ratings and review comments from other consumers.

3.3 Profiles, Listings, and other Public Information.

Prolink lets you publish information that is visible to the general public. For example:

When you Post a Listing, related and selected businesses near you can see your listing.
When you respond to a Listing as a business, your business profile will be viewed by the consumer.
After your business are connected a listing, the consumer may write reviews and rate your service. Reviews form part of your business profile page.

3.4 Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.

Prolink and Prolink Payments may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against Prolink, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, or (v) to protect the rights, property or personal safety of Prolink, its employees, its Users, or members of the public.

Where appropriate, we may notify Uses about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Prolink’s property, its Users and the Prolink Platform.

3.5 Service Providers.

Prolink and Prolink Payments uses a variety of third party service providers to help us provide services related to the Prolink Platform. Service providers may be located in different parts of the world.

For example, we may use service providers to: (i) send you push notifications, (ii) generate and process mobile verification codes, (iii) perform product development, maintenance and debugging, (iv) allow the provision of the Prolink through third party platforms and software tools (e.g. through the integration with our APIs), or (v) provide user support or advertising. These providers have limited access to your information to perform these tasks on our behalf, and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy.

3.6 Business Transfers.

If Prolink undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.

3.7 Aggregated Data.

We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

4. OTHER IMPORTANT INFORMATION

4.1 Analyzing your Information.

We may review information you provide in Prolink for the purpose of research and product development purposes.

4.2 Google Maps/Earth.

Some Prolink functions use Google Maps/Earth services, including the Google Maps API(s). Use of Google Maps/Earth is subject to Google Maps/Earth Additional Terms of Use and the Google Privacy Policy.

5. THIRD PARTY PARTNERS & INTEGRATIONS

The Prolink Platform may or may in the future contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). Prolink doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, Prolink, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.

6. YOUR RIGHTS

We generally retain your personal information as an automatic process on our server backend. If you no longer want us to retainyour information, you can request that we erase your personal information and close your Prolink Account. Please note that if you request the erasure of your personal information:

We may retain some of your personal information as necessary for our legitimate business interests, such as research and software improvement.
We may retain and use your personal information to the extent necessary to comply with our legal obligations.
Information you have posted reviews, comments and ratings to others, may continue to be publicly visible on Prolink, even after your Prolink Account is cancelled.

7. SECURITY

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. However, it is not possible to achieve 100% internet safety, as such we cannot guarantee the absolute safety of the information you provide us.

8. CHANGES TO THIS PRIVACY POLICY

Prolink reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on at www.prolinkapp.com/terms and update the “Last Updated” date at the top of this Privacy Policy. We will also provide you with notice of the modification by email at least thirty (30) days before the date they become effective. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Prolink will be subject to the revised Privacy Policy.

9. CONTACT US

If you have any questions or complaints about this Privacy Policy or Prolink's information handling practices, you may contact us at info@prolinkapp.com.

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